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FULL PACKET_2017-06-20
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA CALLED TO ORDER ATTENDANCE PUBLIC COMMENTS - None JUNE 6, 2017 CLOSED SESSION MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:14 P.M. COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES (5:15 p.m.) JOSE SOLORIO SALTINAJERO (5:21p.m.) JUAN VILLEGAS COUNCILMEMBERS Absent: VICENTE SARMIENTO STAFF Present: CYNTHIA J. KURTZ, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:14 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: CITY COUNCIL MINUTES 1 JUNE 6, 2017 10A-1 1. City of Santa Ana v. Santa Ana Personnel Board(Brandon Sontag), Orange County Superior Court Case No. 30-2017-00902538-CU-WM-CJC 2. Nicole Quiias v. City of Santa Ana, Orange County Superior Court Case No. 30 -2016 -00850502 -CU -O E -CJ C 3. Brandon Sontag v. City of Santa Ana, Orange County Superior Court Case No. 30-2017-00902039-CU-OE-CJC 2. CONFERENCE WITH LEGAL COUNSEL -- POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: One case. 3. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: Properties Being Acquired for Bristol Street Widening Project Phases 3A and 4: 1. 1023 N. Bristol Street, Santa Ana, CA, APN 405-262-33, Owners: Robert E. and Jacoba E. Marlin, Trustees; James S. and Celia C. Cohen, Trustees 2. 1302 W. 11th Street, Santa Ana, CA, APN 004- 111-22, Owner: Leticia Carrillo 3. 1027 N. Bristol Street, Santa Ana, CA, APN 405-274-09, Owners: Euler R. and Yolanda G. Ferrer, as members for E.R. Ferrer, LLC 4. 2231 S. Bristol Street, Santa Ana, CA, APN 015-194-36, Owner: Ozbag Zorayan Antranik, Trustee 5. 2223 S. Bristol Street, Santa Ana, CA, APN 015-194-28, Owner: Dianne Rose Mendez 6. 2205 S. Bristol Street, Santa Ana, CA, APN 015-194-24, Owner: Victoria Vargas Bastida 7. 2201 S. Bristol Street, Santa Ana, CA, APN 015-194-23, Owner: Victoria Vargas Bastida 8. 2209 S. Bristol Street, Santa Ana, CA, APN 015-194-25, Owner: R S Properties, LLC 9. 2105-2109 S. Bristol Street, Santa Ana, CA, APN 015-194-41, Owner: Thanh Ngoc Nguyen 10.2240 S. Bristol Street, Santa Ana, CA, APN 408-471-06, Owner: Vicale, LLC 11.2102 S. Bristol Street, Santa Ana, CA, APN 408-471-01, Owner: Tacos Mexico, Inc. CITY COUNCIL MINUTES 2 JUNE 6, 2017 10A-2 12.2120-2130 S. Bristol Street, Santa Ana, CA, APN 408-471-17, Owner: Au Zone Santa Ana, LLC 13.1241 W. St. Anne Place, Santa Ana, CA, APN 015-215-10, Owner: Joel Cortes Cruz 14.1301 W. Camden Place, Santa Ana, CA, APN 408-334-18, Owners: Pedro Castrejon, Natividad Castrejon Negotiators: Interim City Manager Terms: Conditions of potential sale 4. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiators: Personnel Services Executive Director, Ed Raya Employee Organizations: Santa Ana Police Officers Association (POA) Service Employees' International Union (SEIU) Full -Time Employees 5. PUBLIC EMPLOYEE APPOINTMENT, EMPLOYMENT, EVALUATION OF PERFORMANCE, pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager/ Interim City Manager CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 6:41 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 3 JUNE 6, 2017 10A-3 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:42 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS COUNCILMEMBERS Absent: VICENTE SARMIENTO STAFF Present: CYNTHIA J. KURTZ, Interim City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council CESAR BARANDA, SANTA ANA HIGH SCHOOL ROGER ARAGON, POLICE CHAPLAIN CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to the champions of the Speech and Debate competition: Sierra Intermediate - Samantha Lopez— Declamation; Michelle Roldan — Duo Interpretation and; Marielena Mendoza — Duo Interpretation Advanced Learning Academy - Isabella Guerra — Original Oratory Villa Intermediate - Lizeth Martinez — Poetry Interpretation MacArthur Intermediate _Gordon Tran — Expository; Brendan Mai Ha — Public Forum Debate; and Jonah Tristan — Public Forum Debate Jefferson Elementary - Grace Tinajero — Dramatic Performance CITY COUNCIL MINUTES 4 JUNE 6, 2017. 10A-4 SPECIAL PRESENTATION by Southern California Association of Governments (SCAG) to recognize Mayor Pro Tem Michele Martinez for her accomplishments as immediate past President of SCAG, presented by Darin Chidsey, Chief Operating Officer of SCAG. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Dr. Ana Nogales for her outstanding contributions to the community. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Manuel Gomez and Manuel Hernandez for their outstanding literary and artist work in the community. CLOSED SESSION REPORT — Nothing to report out. PUBLIC COMMENTS-- None Councilmember Tinajero, Seconded by Councilmember Solorio motioned to continue Agenda Items 75B, 75C and 65A to the June 20, 2017 City Council Meeting. Motion carried by a 5-0 vote (Benavides absent). CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar items: Items 10A through 251, with the following modifications: • Mayor Pro Tem Martinez pulled Agenda Items 25B, 25D, 25F, 25H for separate discussion and dissented on Agenda Item 251. • Councilmember Solorio pulled Agenda Items 25B and 25E for separate discussion. MOTION: Tinajero SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) CITY COUNCIL MINUTES 5 JUNE 6, 2017 10A-5 Items removed for separate action or modified are highlighted. Separate actions show the_actual vote: Items without votes are adopted as part of the consent motion ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF MAY 16, 2016 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION: Approve Minutes. BOARDS / COMMISSIONS / COMMITTEES 13A. BOARDS AND COMMISSIONS BIANNUAL ATTENDANCE REPORT JULY THROUGH DECEMBER 2016 {STRATEGIC PLAN NO. 5, 1} - Clerk of the Council Office MOTION: Receive and file. 13B. COUNCIL COMMITTEES — AGENDA AND MINUTES {STRATEGIC PLAN NO. 5, 11 - Clerk of the Council Office MOTION: Receive and file. NAME MEETING DATE Economic Development Infrastructure, Budget 3/13/17 and 5/15/17 and Technology Committee Santa Ana Unified School District and City of Santa Ana 5/22/17 Joint Policy Committee MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — Clerk of the Council Office MOTION: Excuse the absence of Councilmember Vicente Sarmiento from the June 6, 2017 City Council Meeting. CITY COUNCIL MINUTES 6 JUNE 6, 2017 10A-6 19C. REQUEST FOR QUALIFICATIONS TO CREATE A LIST OF PRE -QUALIFIED CONSULTANTS TO PROVIDE ENVIRONMENTAL AND PLANNING SERVICES {STRATEGIC PLAN NO. 3, 3} - Planning and Building Agency MOTION: Authorize the Planning and Building Agency to release the Request for Qualifications to create a list of pre -qualified professional consulting firms to provide environmental services, planning services and to perform related technical studies. 19D. PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR MAY 2017 {STRATEGIC PLAN NO. 5, 1} - Public Works Agency MOTION: Receive and file. 19E. DESTRUCTION OF OBSOLETE CITY RECORDS (STRATEGIC PLAN NO. 5, 1) - Finance and Management Services; and Police Department MOTION. Approve the requests for the destruction of obsolete records from various City departments in accordance with the retention schedule outlined in City Council Resolution 2013-014. The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 17-046 - CONTRACT AWARD FOR HEWLETT PACKARD SUPPORT CONTRACT RENEWAL (Information Technology Department) - Finance and Management Services MOTION. Authorize a one-time purchase and payment of purchase order to Diltex, Inc. in the total amount of $35,860, subject to non -substantive changes approved by the City Manager and City Attorney. CITY COUNCIL MINUTES 7 JUNE 6, 2017 10A-7 AGREEMENTS 25A. AGMT NO. 2017-131 - AMENDMENT - PROVIDE AUDIOVISUAL EQUIPMENT, INSTALLATION, AND ON-CALL SERVICES FOR TWO CONFERENCE ROOMS LOCATED IN CITY HALL, ROSS ANNEX AND THE CITY YARD {STRATEGIC PLAN NO. 7, 5A} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to amend the agreement with Western Audio Visual exercising a two-year optional term extension beginning June 21, 2017 through June 20, 2019; and increasing the compensation by $50,000, for a total agreement amount not to exceed $130,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. R OCCUPATIONAL SKILLS TRAINING, ALTERNATIVE SECOND) LIGATION AND POST -SECONDARY OCCUPATIONAL SKILLS TRAIN 'RATFr,Ir. PI AN IVC) 9 Al - C.nmmi mifv r)ava1nnmon4 Anancu/-- Recommended Action approved by the Workforce Development Board on May 18, 2017 by a 14-0 vote ((Knitter, Korthuis, McGowan, Rutledge, Sanchez and Wadhera absent). MOTION: Authorize the City Manager and Clerk of the Council to execute agreements and memorandum of understanding with the following Youth Service Providers, for a one year term beginning July 1, 2017, subject to non -substantive changes approved by the City Manager and City Attorney: 1. AGMT NO. 2017-132 — With Orange County Children's Therapeutic Arts Center to provide occupational skills training in the areas of office administration, mental health paraprofessional, and childcare worker certification, offer job preparation, paid work experience, tutoring, mentoring, counseling, and supportive services, for 20 youth in the annual amount of $164,000; 2. AGMT NO. 2017-133 — With Orange County Conservation Corps to provide alternative secondary education that leads to a high school diploma, offer credential training in forklift operator, safe food handling, customer service, or computer software, provide job preparation, paid work experience, post -secondary education resources, and supportive services for 20 youth in the annual amount of $160,000; and 3. AGMT NO. 2017-134 — With Santa Ana Public Library to provide post- secondary occupational skills training in the areas of digital technology, computer maintenance and repair, paid work experience, CITY COUNCIL MINUTES 8 JUNE 6, 2017 10A-8 leadership development, tutoring, and mentoring for 22 youth in the annual amount of $160,000. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) 25C. AMENDMENT - MERCHANT PAYMENT SERVICES AND SEPARATION OF PAYMENT KIOSK RELATED SERVICES TO A CLOUD BASED SYSTEM; AND REQUEST FOR PROPOSALS {STRATEGIC PLAN NO. 4, 1; 7, 5F} - Finance and Management Services MOTION: 1. AGMT NO. 2017-135 - Authorize the City Manager and Clerk of the Council to execute a third amended agreement with TransFirst, LLC for a one year extension of TransFirst, LLC's existing cashiering credit card merchant payment services agreement, effective July 1, 2017 through June 30, 2018, for an amount not to exceed $165,000 subject to no substantive changes approved by the City Manager and City Attorney. 2. Authorize City staff to release a Request for Proposals (RFP) for integrated cashiering merchant payment processing before December 31, 2017. MOTION: Authorize the City Manager and Clerk of the Council to execute a two-year amended agreement with Civic Collections, Inc., to be compensated for canvassing and collection of new and delinquent dog license fees and penalties at the current rate of 50% for each dog license fee collected, 50 cents for each new dog license registered, and 50 cents for each rabies vaccination certificate issued, effective July 1, 2017 through June 30, 2019, with the option to extend one additional year from CITY COUNCIL MINUTES 9 JUNE 6, 2017 10A-9 July 1, 2019 through June 30, 2020 upon a written request executed by the City Manager, subject to no substantive changes approved by the City Manager and City Attorney. MOTION: Tinajero SECOND: Solorio VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Sarmiento (1) I. 2017-137 - WEBSITE REDESI IMPLEMENTATION SERVICES; SERVICES {STRATEGIC PLA AND MAINTENANCE NC) 7 9x11 - Infn MOTION: Authorize the City Manager and the Clerk of the City Council to execute an agreement with 360 BC Group, Inc., DBA 360 Business Consulting, for website redesign, implementation of the Drupal Content Management System, in an amount not to exceed $168,576, including a 20 % contingency of $28,096, and to provide maintenance and support services for a three year period, in an amount not to exceed $72,000, for a total amount not to exceed $240,576, beginning June 15, 2017 through June 30, 2020, , subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: NOES: ABSTAIN ABSENT: SECOND: Solorio Benavides, Martinez, Pulido, Solodo, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) 25F. �__ AGMT NO. 2017-138 — AMENDMENT - TELEPHONE SYSTEM MAINTENANCE AND SUPPORT SERVICES {STRATEGIC PLAN NO. 7. 21))_ Information Technology_Departmenf _ CITY COUNCIL MINUTES 10 JUNE 6, 2017 10A-10 MOTION: Authorize the City Manager and the Clerk of the City Council to execute a second amendment with NEC Corporation of America, Inc. for a one-year extension, beginning July 1, 2017 through June 30, 2018, in an amount not to exceed $184,235, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Tinajero SECOND: Solorio VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) 25G. AGMT NO. 2017-139 — AMENDMENT - LIBRARY AUTOMATION SYSTEM AND MAINTENANCE SERVICES (24-HOUR PHONE AND ONLINE SUPPORT, LICENSED SOFTWARE UPDATES, STAFF TRAINING, ONLINE ACCES TO CATALOGING RESOURCES AND ENHANCED CONTENT DATABASES) {STRATEGIC PLAN NO. 2, 3D) - Parks, Recreation and Community Services Agency MOTION. Authorize the City Manager and Clerk of the Council to execute an amendment with The Library Corporation to extend the term three years from June 17, 2017 through June 17, 2020 and increase the compensation for the term to an amount not to exceed $111,689, for a total contract $224,428, subject to non -substantive changes approved by the City Manager and City Attorney. ]NB -I. LV 11-1'fV - LCV/AL OMMV IU r -O run, IiVUC mmrumumvim) dERSHIP AND NUISANCE ABATEMENT MATTERS {STRATEGI NO. 3, 3; 5, 4E)_ ---Planning_ and._ Building Agency and _Communi MOTION: Authorize the City Manager and Clerk of the Council to execute a three year agreement terminating on May 18, 2020 with Jones & Mayer, Attorneys at Law, in the amount not to exceed $200,000, subject to non - substantive changes approved by the City Manager and City Attorney. MOTION: Martinez VOTE: AYES: SECOND: Benavides Benavides, Martinez, Pulido, Solorio, Tinajero, CITY COUNCIL MINUTES 11 JUNE 6, 2017 10A-11 Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) RISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 11 JON -GENERAL _FUND) _{STRATEGIC -PLAN _NOS.__6,_1G; 3, 2C) MOTION: Authorize the City Manager and Clerk of the Council to execute purchase agreements for the real property acquisitions, temporary construction easements, and goodwill (if any) with the property owners listed below, subject to nonsubstantive changes approved by the City Manager and City Attorney: 1. AGMT NO. 2017-141 — With Jose M. Santillan for a partial acquisition of 1306 West Camden Place (APN 408-3335-02) in the amount of $16,338; and 2. AGMT NO. 2017-142 — With Ricardo Pinones and Ofelia Pinones for a partial acquisition of 1305 West Camden Place (APN 408-334-17), in the amount of $17,260. MOTION: Benavides SECOND: Solorio VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Sarmiento (1) **END OF CONSENT CALENDAR** CITY COUNCIL MINUTES 12 JUNE 6, 2017 10A-12 BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. RESOLUTION AUTHORIZING A GRANT APPLICATION TO THE URBAN GREENING GRANT PROGRAM FOR PROTECTED BIKE LANES ON STANDARD AVENUE {STRATEGIC PLAN NO. 5, 6B) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2017-022 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE APPLICATION FOR GRANT FUNDS FOR CALIFORNIA CLIMATE INVESTMENTS URBAN GREENING PROGRAM MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Martinez Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) 55B. RESOLUTION AFFIRMING CONSISTENCY WITH MEASURE M PROGRAM GUIDELINES RELATED TO THE CIRCULATION ELEMENT, LOCAL SIGNAL SYNCHRONIZATION PLAN, AND MITIGATION FEE PROGRAM {STRATEGIC PLAN NO. 6, 1 G) - Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2017-023 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONCERNING THE STATUS AND UPDATE OF THE CIRCULATION ELEMENT, LOCAL SIGNAL SYNCHRONIZATION PLAN, AND MITIGATION FEE PROGRAM FOR THE MEASURE M (M2) PROGRAM MOTION: Martinez VOTE: AYES NOES: SECOND: Benavides Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) CITY COUNCIL MINUTES 13 JUNE 6, 2017 10A-13 ABSTAIN: None (0) ABSENT: Sarmiento (1) 55C. RESOLUTION RELATED TO THE FINANCING OF EQUIPMENT, INSTALLATION AND PARTNERSHIP COSTS FOR THE 800 MHZ COMMUNICATIONS SYSTEM PROJECT {STRATEGIC PLAN NO. 1, 21 - Police Department MOTION: 1. Adopt a resolution. RESOLUTION NO. 2017-024 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE CITY MANAGER OR EXECUTIVE DIRECTOR OF FINANCE TO ENTER INTO AN EIGHT YEAR FINANCING AGREEMENT WITH HOLMAN CAPITAL CORPORATION FOR FUNDING OF THE CITY'S PORTION OF ITS PARTNERSHIP COSTS FOR FY 2017-18 OF THE 800 MHZ COUNTYWIDE COORDINATED COMMUNICATIONS SYSTEM BACKBONE UPGRADE FOR P25 COMPLIANCE, EXECUTE AN ESCROW AGREEMENT, AND ANY ASSURANCES AND/OR DOCUMENTS REQUIRED FOR SAID AGREEMENT 2. AGMT NO. 2017-143 - Authorize the City Manager and Clerk of the Council to execute a tax-exempt equipment lease -purchase agreement with Holman Capital Corporation, subject to non -substantive changes approved by the City Manager and City Attorney. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) CITY COUNCIL MINUTES 14 JUNE 6, 2017 1 OA -14 REPORTS 65A. DISCUSSION ON FOUR AFFORDABLE HOUSING DEVELOPMENT PROJECTS AND OPTIONS FOR CITY FINANCIAL ASSISTANCE {STRATEGIC PLAN NO. 5, 3C) - Community Development Agency OPTIONS FOR CITY COUNCIL CONSIDERATION: As recommended by the Ad Hoc Committee, discuss the various Affordable Housing Development projects requesting City financial assistance and seek City Council direction on the allocation of current and available affordable housing development funds. Following are options for City Council discussion and consideration: A) Santa Ana Arts Collective, Meta Housing Corporation: Option #1: Amend the project's original award by an additional amount up to $2.9 million per Keyser Marston Associates gap analysis report. Option #2: Amend the project's original award by an additional amount up to $1,481,215, per CSG Advisors gap analysis report. City financial assistance to be negotiated by CSG Advisors and Meta Housing. Option #3: Take no additional action to fund the project at this time. B) First Street Apartments, AMCAL Multi -Housing: Option #1: Award of affordable housing development funds for an amount up to $8,522,740, per CSG Advisors gap analysis report. Option #2: Award of affordable housing development funds for an amount up to $8,795,000, per Keyser Marston Associates gap analysis report. Option #3: Take no additional action to fund the project at this time. C) Aqua Housing, Community Development Partners: Option #1: Amend the original project award with an additional 31 project -based vouchers. Option #2: Take no additional action to fund the project at this time. D) Tiny Tim Plaza, Community Development Partners: CITY COUNCIL MINUTES 15 JUNE 6, 2017 10A-15 Option #1: Commit to a future award of affordable housing funds for an amount up to $11.7 million per CSG Advisors gap analysis report. Award of funds to follow the approval of the project by the Planning Commission and City Council pending the availability of funds. Option #2: Take no action to fund the project at this time. MOTION: Continue consideration of matter to the June 20, 2017 City Council Meeting. MOTION: Tinajero SECOND: Solorio VOTE: AYES: Martinez, Pulido, Solorio, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Sarmiento (2) CITY FINANCIAL REVIEW/AUDIT PRESENTATION — City Manager's Office; and Finance and Management Services Presentation by Mark Alvarado of KAMG Analysis of City Reserves w KAMG hired to do a review of the City's reserve balances w Review of audit reports and budgets w Detail analysis of General Fund reserve balances at June 30, 2016 w Review of prior budget adoption processes and practices w Review of Fund Balance and Budget policy w Goal was to go back and reconstruct how the City "got to where it is " at June 30, 2016 w Went back and reviewed the last 5 five years audit reports w Clean opinions w Went back and reviewed the last three years budgets w Overview of conclusions w Nothing in audit reports looks incorrect w Attrition process should be refined; budgeting processes are fine w Long term financial projections key to balancing budgets and maintaining policy goals Fiscal and Budget Policy w Policy adopted in 2012 m Reserves started to increase; prudent to establish benchmarks and goals CITY COUNCIL MINUTES 16 JUNE 6, 2017 10A-16 Current policy meets GFOA standards Operating Reserve created Economic Uncertainty Reserve created 1w Assigned Accounts Reserve created w Fiscal and Budget Policy Operating Reserve Account w Policy goal is 15% w Council has gone above and beyond, reaching 20% w GFOA's recommendation is at least 2 months operating expenses, which is approximately 17% w City Staff will bring this before the City Council 1w KAMG agrees with this position Economic Uncertainty Reserve Account % of estimated revenues m Currently funded at 1.6% Discussion about changes to the policy w Established to maintain between 1 % and 10% w Used to offset weak economic conditions w KAMG recommends trying to achieve a 5% reserve balance Analysis of Fund Balance — General Fund w Six year analysis of fund balance (General Fund) w Focus is on the accumulation of reserves, year over year w Key is understanding there are multiple reserve "buckets" w Excellent growth in reserves w Stable since 2014 General Fund — 6 Year History Budgeting Methods Used w Attrition Savings used for 2016-17 budget process w % of department's projected budget was removed and reallocated back to another, or same department, for other projects or programs w Most, if not all, of the reallocated funds were vacant personnel positions w Attrition Savings is a budgeting practice that is used and can be effective w Important to clearly identify number of personnel positions funded in the budget adoption CITY COUNCIL MINUTES 17 JUNE 6, 2017 10A-17 2010.11 2011-12 1 2012-13 2013 14 2014.15 2015.1 Operating Reserve Account Economic Uncertainty Account 4— Assigned Account AssignedAccount` _ Unallocated Account Prepaid Rems _ Restricted/Committed $6,673,290 $19,335,569 $26,842,243 $40,638,513 $3 845 592! $3,845,592 $5424,045',__$5,403,946 __ $913,595 $3,266,819' $3,357_,08.9 $41,512,985 $3,845,5921 1 _$16,618,376' -� $532,895$2,151,297 __$3,434,420; $954,954 $42,397,974 $3,845,592 --- — _$27,077,619 _ $1,454,962 1_$2,986,3971 $4,660,7621 _ $1,314, 33 1 $10,974,0181 $23,996,3311 $39,378,699; $54,058,740! $66,899,2221 $76,927,4441 _ t Target Gaal for_Rese_mes Operating Reserve Account (20%)_1 $40,400,00011 $41,000,000': $38,800,000 $40,538,518 $41,512,985 $42,397,974 Budgeting Methods Used w Attrition Savings used for 2016-17 budget process w % of department's projected budget was removed and reallocated back to another, or same department, for other projects or programs w Most, if not all, of the reallocated funds were vacant personnel positions w Attrition Savings is a budgeting practice that is used and can be effective w Important to clearly identify number of personnel positions funded in the budget adoption CITY COUNCIL MINUTES 17 JUNE 6, 2017 10A-17 w Difference between "authorized" and "funded" positions Long Term Financial Projections w Current position is stable w Reserves may be needed to balance budgets w Economic slowdown coming w Increased costs coming w Long term financial projections needed to achieve and maintain Budget and Fiscal Policy Conclusions/Recommendations w All reserves accurately reflected in the June 30, 2016 audit w Changes to Budget and Fiscal Policy will add flexibility for City Council and Staff w Budgeting method "Attrition Savings" should be modified to clearly identify funded personnel positions in the adopted budget w Long term financial projections created frequently to keep up with potential quick spikes in operating costs The following spoke on the matter: • Mike Lopez, representing SEIU members, pledged support to work with elected officials on revenue generating ideas. • Kim McPeck, noted that number of SEIU employees went from 800 to 400. Councilmember Solorio, thanked SEIU that budget underestimates revenues, decisions on added funds. representatives for comments, opined questioned as to who was making Interim City Manager, proposed a quarterly budget where adjustments can be made and propose other budgetary amendments as necessary. Councilmember Benavides, asked if there were any implications to credit rating if reserves lowered. Mark Alvarado, opined that credit rating should not be impacted, but future budget deficits may be considered in the rating. Mayor Pro Tem Martinez, read concerns she posted on her Facebook page for the record, noted that officials have received misleading projections in the past; concerned that financial report not brought to the City Council for consideration and staff has had budgetary cuts yet while the budget revenue was underestimated. Councilmember Tinajero, opined that there are some matters that can be addressed quickly such as fees for use of Santa Ana Stadium and bonds for infrastructure improvements; need to work with Congressman Correa and leverage relationships and partnerships at the Federal level; improve economic CITY COUNCIL MINUTES 18 JUNE 6, 2017 10A-18 development and address homelessness and consider medical cannabis revenue opportunities; consider fees charged by the school district and City to be consistent because they are different rates; develop our niche of Mexican food/best tacos etc. Mayor Pulido, need to drive economic activity; consider filling positions that are funded; invest in youth programs; develop projects that general funds such as proposed hotel on 3rd and Main Ave. that could generate $1 million in perpetuity; address homelessness; City has over 700 restaurants throughout the City; noted that OC Streetcar Project will revitalize surrounding area. 65C. APPROVE MODIFICATIONS TO THE CITY'S BUDGET AND FINANCIAL POLICIES {STRATEGIC PLAN NO. 4, 11 - Finance and Management Services Consideration of matter continued from the April 18, 2017 City Council meeting to the May 2, 2017 City Council meeting by a vote of 5-0 (Sarmiento and Tinajero absent). At the May 2, 2017 meeting the matter was referred to the Economic Development Infrastructure, Budget and Technology Council Committtee for review at the request of staff by a vote of 5-0 (Pulido and Solorio absent). Council discussion ensued. Matters bifurcated. Agenda items A and C considered jointly and B separately. Councilmember Tinajero, seconded by Councilmember Solorio motion to approve items A and C. Councilmember Solorio, seconded by Councilmember Tinajero motion to approve item B. The following spoke on the matter: • Monica Suter, representing SEW members, concerned that 25% of workforce is of retirement or close to retirement age and City compensation no longer competitive; supports use of one-time use of funds. MOTION: Approve the revised Budget and Financial Policies, elements a and c, as follow: a. Operating Reserve - Modify the operating reserve to require a range of two months (16.67%) to a maximum of 20% operating reserve. Provide language that operating reserves cannot be used to cover budgetary shortfalls unless a fiscal emergency or fiscal crisis is declared by the City Council. R. Updated Terminology - Amend the current policy to include terminology utilized in the Budget and Fiscal Policy consistent CITY COUNCIL MINUTES 19 JUNE 6, 2017 10A-19 with the terms utilized in the City's Comprehensive Annual Financial Report. MOTION: Tinajero SECOND: Solorio VOTE: AYES: Pulido, Solorio, Tinajero, Villegas (4) NOES: Benavides, Martinez (2) ABSTAIN: None (0) ABSENT: Sarmiento (1) MOTION: Approve the revised Budget and Financial Policies, element b, as follow: b. One Time Revenue - Allow the use of one-time revenue to offset structural deficits for one-year. Additionally, approve the use of one-time revenue for a concurrent second year, subject to two- thirds approval by the City Council. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: ABSENT: PUBLIC HEARINGS SECOND: Tinajero Benavides, Pulido, Solorio, Tinajero, Villegas (5) Martinez (1) None (0) Sarmiento (1) 75A-1. FISCAL YEAR 2017-2018 MISCELLANEOUS FEE RESOLUTION {STRATEGIC PLAN 4, 2A) — Finance and Management Services Legal Notice published in the Orange County Reporter on May 26, 2017 and June 2, 2017. Mayor Pulido opened the Hearing. The following spoke on the matter: • Rick Niedermayer, concerned with fireworks fees that are substantially higher than surrounding cities. There were no other speakers and the Hearing closed. CITY COUNCIL MINUTES 20 JUNE 6, 2017 1 OA -20 Council discussion ensued. Councilmember Solorio, supportive of item. Mayor Pro Tem Martinez, opposed to City subsidizing Bowers Museum and Historic Mills Act properties; suggested broader discussion on fees; need to consider resident services and taxes already paid by residents. Councilmember Benavides, opined that matter should not be a revenue generator, but recover costs; community already paying through their taxes; maximize use of recreation centers (improved quality of life); review fees being assessed at a subsequent City Council meeting. MOTION: Adopt a resolution. RESOLUTION NO. 2017-023 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A UNIFORM SCHEDULE OF MISCELLANEOUS FEES FOR FISCAL YEAR 2017-2018 MOTION: Solorio SECOND: Villegas VOTE: AYES: Pulido, Solorio, Tinajero, Villegas (4) NOES: Benavides, Martinez (2) ABSTAIN: None (0) ABSENT: Sarmiento (1) 75A-2. ADOPTION OF CITY BUDGET FISCAL YEAR 2017-2018; THE SEVEN-YEAR CAPITAL IMPROVEMENT PROGRAM (CIP) FROM FISCAL YEAR 2017-2018 THROUGH 2023-2024; AMEND AND RE-ESTABLISH THE CITY'S BASIC COMPENSATION PLANS {STRATEGIC PLANO NO. 4, 2A} — Finance and Management Services Legal Notice published in the Orange County Reporter on May 26, 2017 and June 2, 2017. Mayor Pulido opened the Hearing. The following spoke on the matter: • Johnathan Hernandez, opined that City needs to redistribute funds — community investment; more schools needed, not prisons. • Jackie Cordova, representing Delhi Center, supports youth and community programs and continued assistance to non-profit organizations. • Ivan Enriquez, request additional services for our residents, specifically youth programs. CITY COUNCIL MINUTES 21 JUNE 6, 2017 1 OA -21 There were no other speakers and the Hearing closed. Council discussion ensued. Mayor Pro Tem Martinez, proposed equitable treatment for all commissioners including pay for Youth Commissioners; opined that attrition not clear in the audit report; approve specific numbers; 5-10 year projections be included on pension and other long term liabilities; mid -year budget review; suggest that compensation for youth commission members stipend be the same for equity purposes; strategic plan aligned with the budget —list of funded projects and City Council to consider their commitment to these programs (clear understanding); forensic audit to make sure that budget is authentic; labor unions have done their own review which is inconsistent with reports projected by staff; concerned with transfer of funds to general fund; one-time revenue need to be reoccurring to keep up with expenses; malls are changing and revenue generation has changed in recent past; work with employees and residents on sustainability. Councilmember Benavides, asked what efforts have been made to address revenue generating efforts; need to support local businesses; business attraction; spoke of commitments to the community that would improve the quality of life, need to scale back, but also serve our residents; need to be proactive with youth programs and be strategic to expand programs (library, schools etc.). Councilmember Solorio, need clarity on programs and services for homeless; spoke of recent incident at Logan Park; hire more officers including park rangers; request update on medical marijuana revenue generating plan; public safety and youth programs need to be addressed; and also commented on Kayak program. Councilmember Tinajero, need to strategize on how to bring more revenue before we add more staff. Mayor Pulido, support youth prevention programs, not just suppression. MOTION: Continue consideration of items 1-3 to the June 20, 2017 City Council meeting: 9. Authorize the use of fund balance from the general fund in the amount of $9.3 million for fiscal year 2017-18. (Requires five affirmative votes pursuant to Fiscal Policy.) 2. Direct staff to transition from a Type II Jail Facility to a Holding Facility during fiscal year 2017-18. 3. Place ordinance on first reading and authorize publication of title. (Requires five affirmative votes pursuant to Fiscal Policy.) CITY COUNCIL MINUTES 22 JUNE 6, 2017 1 OA -22 MOTION: Solorio SECOND: Benavides VOTE: AYES: Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Sarmiento (1) MOTION: Approve items 4-7 as proposed by staff: 4. Adopt a Seven -Year Capital Improvement Program (CIP) beginning fiscal year 2017-18 through fiscal Year 2023-24 per Orange County Transportation Authority (OCTA) Measure M2 eligibility requirement. 5. Adopt a resolution. RESOLUTION NO. 2017-024 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA TO AMEND RESOLUTION NO. 2015-026 TO EFFECT CERTAIN CHANGES TO THE CITY'S BASIC CLASSIFICATION AND COMPENSATION PLANS 6. Direct the City Manager to present a quarterly fiscal review, for the General Fund, during fiscal year 2017-18 and provide for the accounting of unspent funds as it relates to vacant positions. 7. Direct the City Manager to explore operational efficiencies and revenue enhancements to minimize usage of one-time funds. MOTION: Benavides VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Tinajero Benavides, Martinez, Pulido, Solorio, Tinajero, Villegas (6) None (0) None (0) Sarmiento (1) CITY COUNCIL MINUTES 23 JUNE 6, 2017 1 OA -23 75B. ADOPT AN ORDINANCE TO REGULATE MOBILE FOOD VENDING VEHICLES {STRATEGIC PLAN NO 5, 41 - Planning and Building Agency; and City Attorney) Legal Notice published in the Orange County Reporter and the Orange County Register on May 26, 2017; published in La Opinion on May 26, 2017; and notices mailed to mobile vendors on May 26, 2017. MOTION: Continue consideration of matter to the June 20, 2017 City Council Meeting, at the request of staff. MOTION: Tinajero SECOND: Solorio VOTE: AYES: Martinez, Pulido, Solorio, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Sarmiento (2) 75C. ORDINANCE AMENDMENT NO. 2017-01 TO AMEND CERTAIN SECTIONS OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE (MEDICAL MARIJUANA COLLECTIVES/ COOPERATIVES) — CITY OF SANTA ANA, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 51 - Planning and Building Agency Legal Notice published in the Orange County Reporter on May 26, 2017. MOTION: Continue consideration of matter to the June 20, 2017 City Council Meeting. MOTION: Tinajero SECOND: Solorio VOTE: AYES: Martinez, Pulido, Solorio, Tinajero, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Benavides, Sarmiento (2) CITY COUNCIL MINUTES 24 JUNE 6, 2017 1OA-24 75D. RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 1922 (ALSO KNOWN AS 2006) AND 2002 WEST 5TH STREET (OC STREETCAR PROJECT - PROJECT NO. 17-6766) (NONGENERAL FUND) {STRATEGIC PLAN NOS. 3, 2C AND 413; 6, 1 G} - Public Works Agency Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on May 17, 2017. Mayor Pulido opened the Hearing. The following spoke on the matter: • Michael I. Kehoe, opposed to acquisition due to service provided by property owner; owner has not be able to find another feasible location. • Family of Valdivia, read letter into the record on behalf of the family. There were no other speakers and the Hearing closed. Council discussion ensued. Fred Mousavipour, Executive Director of Public Works, noted that project has been reviewed by various entities and deemed appropriate for project. MOTION. Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2017-025 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTIES LOCATED WITHIN THE CITY OF SANTA ANA AT 1922 (also known as 2006) & 2002 W. FIFTH STREET (APN 007-100- 04 & 007-100-05) FOR THE ORANGE COUNTY STREETCAR PROJECT MOTION: Villegas SECOND: Benavides VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Sarmiento (1) 75E. RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2016-2020 WEST 5TH STREET (OC STREETCAR PROJECT - PROJECT NO. 17-6766) (NONGENERAL FUND) {STRATEGIC PLAN NOS. 3, 2C AND 4B; 6, 1 G) - Public Works Agency CITY COUNCIL MINUTES 25 JUNE 6, 2017 1 OA -25 M Notice of Hearing letter regarding acquisition of real property by eminent domain mailed to property owners on May 17, 2017. Mayor Pulido opened the Hearing. The following spoke on the matter: • Michael I. Kehoe, incorporate same objections as Valdivia family on behalf of Navarro family. • Ruby Woo, opposed to recycling facility and neighborhood looking forward to streetcar project. There were no other speakers and the Hearing closed. MOTION: Adopt a resolution. (Requires five affirmative votes) RESOLUTION NO. 2017-026 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2016-2020 W. FIFTH STREET (APN 007-110-17) FOR THE ORANGE COUNTY STREETCAR PROJECT MOTION: Villegas SECOND: Benavides VOTE: AYES: Benavides, Pulido, Solorio, Tinajero, Villegas (5) NOES: Martinez (1) ABSTAIN: None (0) ABSENT: Sarmiento (1) COMMENTS CITY COUNCILMEMBER COMMENTS Councilmember Tinajero: Thanked colleagues and public on budget discussion, having pending items; need continued investment in our community — need to be prudent and protect tax payer dollars; CITY COUNCIL MINUTES 26 JUNE 6, 2017 1 OA -26 • Noted that students were recognized tonight; continued investment needed; Elk funds, AVID program among others; and • Recognized recent fallen soldier; honor our military. *Councilmember Tinajero left the meeting at 10:28 p.m. and did not return. PUBLIC COMMENTS • Perla Dionicio, thanked Councilmember Tinajero for speech debate; spoke against ICE deportations. • Farooq Ansari, spoke of summer learning gap from lower socio-economic means; proposed program to assist youth. • Claudio Gallegos, thanked the Santa Ana Police Department for keeping the peace at recent town hall meeting. 90A. CITY MANAGER'S COMMENTS 90B. CITY COUNCILMEMBER COMMENTS Councilmember Solorio: • Thanked Congressman Correa for moving office back to Santa Ana; • Noted that his wife is part of law academy; • Fourth of July coming up; outreach needed on fines and contact phone number for complaints; and • Thanked staff for annual Zoo report. Councilmember Villegas: • Echoed comments by Councilmember Solorio; • Attended neighborhood clean-up event; and • Nicholas Foundation held graduation and celebration event over the weekend; congratulated all graduates. Councilmember Benavides: • Thanked all speakers; • Spoke of revenue generating ideas; and • Urged all to continue to support local economy. Mayor Pro Tem Martinez: • Reiterated comments on aligning budget with strategic plan; need to fulfill promises and commitment to the community; concerned with surplus funds and possible use one-time funds to balance the budget; request list of projects/commitments; • Noted that City of Tustin held discussion on tiny homes and use for homeless; proposed use of remnant parcels for tiny homes; CITY COUNCIL MINUTES 27 JUNE 6, 2017 1 OA -27 • Chepa Park had incident over the weekend; need more park rangers; use of cameras to assist with deterrence; • Opined that prevention and intervention programs for youth are needed; evaluate programs such as Project Kinship; • Flag Day is coming up; suggest empty polls fly City flag and also at school sites — demonstrate City pride; and • Wished all a Happy Father's Day. Mayor Pulido: • Happy Father's Day to all! ADJOURNED— 10:49 P.M. - The next meeting of the City Council is scheduled for Tuesday, June 20, 2017 at 5:00 p.m. for the Closed Session Meeting immediately followed by the Regular Open Business Meeting at 5:45 p.m. in the Council Chamber, 22 Civic Center Plaza, Santa Ana, California. Maria D. Huizar, Clerk of the Council FUTURE AGENDA ITEMS • Community Engagement Program • Labor Contracts CITY COUNCIL MINUTES 28 JUNE 6, 2017 1 OA -28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL TRACT MAP NO. 17982 BY CITY ENGINEER (1406 N. HARBOR BLVD) {STRA GIC PLAN NO. 3,21 CITY ANAGER RECOMMENDED ACTION Receive and file. DISCUSSION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER This action informs the City Council of the imminent approval of the subdivision based upon the Subdivision Map Act and meeting all of the conditions of approval set by the City. The City Engineer has received Final Tract Map No. 17982 (City Tract Map No. 2016-01) for 1406 North Harbor Boulevard (Exhibit 1), from the current owner, City Ventures Homebuilding, LLC, a Delaware Limited Liability Company, and is in the process of reviewing the map for final approval. This map approves subdividing an existing parcel into 38 condominium units for townhome residences located in the Harbor Mixed Use Transit Corridor Specific Plan (SP -2) zoning district. The Tentative Map No. 17982 was approved by the City Council on May 17, 2016. Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer shall approve or disapprove this map within 10 days after the City Council meeting of June 20, 2017. STRATEGIC PLAN ALIGNMENT Approval of this item supports ,the City's efforts to meet Goal No. 3 Economic Development, Objective No. 2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Executive Director Public Works Agency Exhibit: 1. Map 17A-1 17A-2 17A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: STRATEGIC PLAN MONTHLY REPORT FOR MAY 2017 (STRATEGIC PLAN NO. 5, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for May 2017. DISCUSSION The May 2017 monthly report provides departmental activity in alignment with the stated goals of the Strategic Plan. The report includes tasks, next steps, outcomes and percentage completed for each strategy. The Strategic Plan Monthly Reports are available on the City's website at: hftp://www.santa-ana.org/strategic-plannin.ci STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Exhibit 1: Fiscal Report 19C-1 l" I F— m W e€ Ee ➢ nE •% Td eii EFi^' ?_35 @E aY'¢ % ee{�iy %'� 69 ps 11 t s _.._. .._.. .-_.._. -. .. .._ -_- _.._.._ ._.._ ._.._ .._.._.. ----------- -.--._..----- ----- -.----. @ 8 $ y » � JI a FL �' k 'f ffi 1 gg 6 5 2 4 u r g3 F 3 a 19C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: APPROVAL OF AN APPROPRIATION ADJUSTMENT FOR AN IMMIGRATION LEGAL DEFENSE FUND CITY-MKNj<GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on ll" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment of $65,000 from the Clerk of the Council - Salaries Regular account and appropriate the same amount into the City Manager's Office - Contracts Services - Professional account for an immigration legal defense fund. DISCUSSION On May 16, 2017, the Santa Ana City Council, by a vote of 4-2, directed staff to further pursue five options relating to immigration legal defense options that were presented: • Partner with immigrant defenders or other established providers of legal services • Establish a joint powers authority • Establish a central location for referral of services • Provide funding for a legal defense fund, and • Pursue the Vera Institute of Justice (Vera) support grant. These options were developed as a result of a meeting hosted by the City Attorney on March 8, 2017 with legal service providers, private stakeholders, and City Staff, as well as subsequent information gathering. At the same City Council meeting on May 16, 2017, the City Council directed staff to agendize an appropriation adjustment of $65,000 of remaining voter outreach funds from the Clerk of the Council Fiscal Year 2016-17 budget to be utilized as seed money for a legal defense fund. Upon approval of the appropriation adjustment, the $65,000 will become available to support a legal defense fund, or to support any of the options listed above per City Council direction. Staff is continuing to evaluate all immigration legal defense options for consideration by the City Council. Regarding the Vera grant funding opportunity to join the SAFE Cities Network and provide universal legal representation, staff worked with partners from UC Irvine School of Law Immigrant Rights Clinic, Western State University Immigration Clinic, Resilience OC, and others, to prepare 20A-1 Approval of an Appropriation Adjustment for an Immigration Legal Defense Fund June 20, 2017 Page 2 a proposal in response to Vera's Request for Proposals (RFP). The proposal was due and submitted to Vera on Friday, June 9, 2017. Although the proposal has been submitted, Vera will allow applicants to modify their proposal during the review process. Attached is the proposal submitted to Vera (Exhibit 1). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 Focus projects and programs on improving the health and wellness of all residents. FISCAL IMPACT The appropriation adjustment will appropriate $65,000 from the Clerk of the Council's fiscal year 2016-17 Salaries -Regular account (no. 01107031-61000) into the City Manager's Office - Contract Services -Professional account (no. 01105015-62300). Robert C. Cortez Deputy City Manager City Manager's Office Mafia D. Huizar Clerk of the Council Exhibit 1: Vera Institute of Justice proposal APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Li Executive Director 'ice Finance and Management Services Agency 20A-2 City of Santa Ana, California: Proposal to Vera Institute of Justice SAFE Cities Network The City of Santa Ana (the "City") is pleased to respond to the Vera Institute of Justice's ("Vera") invitation to submit a proposal for the City to be included in the SAFE (Safety and Fairness for Everyone) Cities Network. The City previously set forth in its Letter of Interest the need for a legal representation program for immigrants facing deportation in Santa Ana and Orange County more generally. Given the strong community support for establishing such a program, on May 16, 2017, the Santa Ana City Council voted to further pursue several courses of action aimed at facilitating creation of such a program. The City Council's action included a directive for the City to pursue participation in the SAFE Cities Network through Vera as well as provide funding for a legal defense fund and partner with legal service providers such as the Immigrant Defenders Law Center in Los Angeles. The SAFE Cities Network will bring together jurisdictions across the country that are committed to providing legal representation to immigrants in removal (deportation) proceedings while keeping families together and communities safe. The City understands that Vera will review proposals through a competitive, nationwide process, and the criteria for selection includes the commitment of public dollars to support legal representation for immigrants in removal proceedings (and that public-private partnerships will also be considered); commitment to due process and fairness through representation of immigrants in removal proceedings, with a priority for those who are detained, and a "universal representation" model that does not prohibit services to any categories of immigrants in removal proceedings other than those based on income requirements; intent and pathway to dedicate funds after the first year; the ability to launch a program in a timely manner; the ability to ensure data collection for Vera to support program reporting and evaluation; the assignment of a high-level member of city staff to act as liaison to the network; the viability of local program operation plan, including partnerships with qualified legal services providers(s); and geographic diversity across the network. 1) Jurisdiction Contact Information Agency/Office Name: City of Santa Ana Address: 20 Civic Center Plaza, Santa Ana, CA 92701 Primary Contact Name and Title: Robert Cortez, Deputy City Manager Primary Contact Telephone: (714) 647-5200 Primary Contact Email: rcortezSC)santa-ana.org 2) Describe how your jurisdiction will fund immigration legal services. Be specific as to amounts, timing and certainty, and a description of the anticipated obstacles. Please specify whether your jurisdiction plans to use of public funds and/or public-private partnerships. For jurisdictions that have not yet pledged public funding, include the anticipated timeline and level of certainty of obtaining public funding this year. Describe what strategies you will employ to sustain funding for immigration legal services beyond the first year Immigration legal services will be funded through a public-private partnership. With respect to public funding, the City anticipates voting on whether to appropriate $65,000 towards the effort 20A-3 at a City Council meeting on June 20, 2017. Additional monies may become available throughout the fiscal year. With respect to private funding, a coalition of attorneys, community organizations, law school faculty and other supporters have been speaking with potential private funders (including bar associations, foundations and individual donors) and are poised to begin collecting pledges for remaining fands necessary so that the provision of legal representation can begin as soon as possible. The process of incorporating a separate nonprofit organization to accept contributions, called the Orange County Justice Fund ("OC Justice Fund"), has already began. The OC Justice Fund would provide both fundraising support and a vehicle for local community voices to have input into the implementation of a removal defense program to ensure maximum effectiveness through an independent Board of Directors. It is estimated that with a matching grant from Vera, private funds in the amount of $120,000 - $220,000 will be required (for total seed money of $250,000-$350,000). To sustain funding beyond the first year, a combined strategy of continued public funding from the City of Santa Ana (subject to City Council approval), potential funding from other jurisdictions and private funding will be employed. 3) Describe the type of immigration legal services that your jurisdiction will provide. Specify the amount of program resources that will be dedicated to representation in removal defense and whether that representation will be for detained or non -detained individuals. If you plan to serve both detained and non -detained immigrants, provide the anticipated breakdown of representation between the two populations. To the extent that you plan to provide services in addition to removal defense, please specify what amount of program resources will be allocated for these additional services, and what those services will include (e.g., affirmative applications with USCIS, citizenship drives, Know -Your -Rights presentations, etc.). It is anticipated that all (or virtually all) program resources will be dedicated to the representation of immigrants in removal defense, and priority will go to those who are detained. In recognition of the fact that detained immigrants may become eligible for release on bond, a small portion of the services are likely to go to the representation of non -detained clients facing removal after they are released from detention. Effort will be made to place clients who are released from detention with another attorney or provider for continued representation. However, this policy is intended to leave flexibility for the legal service provider to choose to continue providing representation to formerly detained clients on a case-by-case basis if that is determined to be in the best interests of the client. Other institutions and providers in Orange County such as the Public Law Center, Advancing Justice, Rep. Lou Correa's office, World Relief and Orange County Congregation Community Organization have been able to effectively offer citizenship drives, assistance with affirmative applications, and know -your -rights presentations, such that this program would not seek to provide services in these areas. 1 The first year seed money amount may depend on whether physical space and other needs can be secured on an in-kind basis. 20A-4 4) Estimate the number of clients your jurisdiction expects to provide representation for over a one-year period. Based on your anticipated breakdown of legal services described in Question 3 above, please specify the number of removal defense cases that you expect to provide representation for and the expected costper case. Assuming that private and public funds in the amount of $250,000-$350,000 are raised for the first year of the program, the City hopes that the OC Justice Fund will contract initially with an established legal service provider to staff a pilot universal representation program with two junior- to mid-level attorneys and necessary paralegal support. Those attorneys (and paralegal) would be employees of the legal service provider and dedicated to removal defense representation. The City has been advised by the UC Irvine Immigrant Rights Clinic and Western State College of Law Immigration Clinic that each attorney can be expected to handle approximately 30-35 cases per year, for a one-year case impact of approximately 60-70 cases. (This number is necessarily rough, given variables such as the experience of the attorney, complexity of any given case, the time required to complete a case, and potential release from detention, but it is roughly consistent with a per case cost estimate of $5,000-$6,000). The City also welcomes input from Vera on a realistic number of clients that can be served. 5) What legal services providers ("LSPs") are expected to provide the legal services under your program? Please speck whether you would like Vera's assistance in identifying local LSPs to provide these services. If more than one LSP will provide services, please describe the division of services/funding between the multiple LSPs. If you have not yet selected your LSPs, please describe your proposed process. If you have selected your LSPs, please include a letter of supportfrom the LSPs describing their qualifications. The long-term vision of the program would be to develop an independent, Orange County -based non-profit legal services provider dedicated to representation and advocacy for detained individuals facing deportation. The OC Justice Fund would facilitate the creation of — and potentially become — this new service provider. In the first year, services would be provided by an organization with sufficient expertise in removal defense and a commitment to due process in the immigration system. The City has tentatively identified the hntnigrant Defenders Law Center based on the recommendation of the UC Irvine School of Law Immigrant Rights Clinic and Western State University Immigration Clinic as a potential provider of those services. 6) What is your anticipated start date for providing immigrant legal representation in your jurisdiction? Please describe your program implementation timeline. Please indicate if you have already started providing legal services. The anticipated start date for providing legal services through the pilot program is Fall of 2017. The City is not currently providing services to detained immigrants, and there is no non-profit organization (or non-profit attorney) in Orange County currently dedicated to representing detained immigrants in removal defense. Accordingly, the staff for a new program would need to be hired or recruited to Orange County. However, several non-profit providers and law school clinics are providing limited support to detained immigrants in Orange County (including Santa Ana), and thus have meaningful expertise and familiarity with the detention facilities and with .97 20A-5 removal defense practice that can be leveraged to facilitate the establishment of the new program. 'n For representation of immigrants in removal proceedings, describe your plan for implementing a "universal representation model." By "universal representation" we mean that clients are of representation without a preliminary assessment for eligibility of relief, and that clients with criminal convictions are not excluded. Please specify any anticipated criteria for representation (e.g., income eligibility guidelines, geographic restrictions, etc.). a. Describe your plan for client intake. Be specific as to the population(s) that you propose serving and how you will come into contact with clients for the first time. For example, how will you intake detained immigrants and, where applicable, non -detained immigrants in removal proceedings? Will you receive referrals for clients? Will you meet clients initially at the detention facility, or at the court docket? Consistent with Vera's vision, the program would offer representation to clients without a preliminary assessment for eligibility for relief and would not seek to exclude clients on the basis of having criminal history. The anticipated criteria for representation include income eligibility (200% of federal poverty guidelines), and for those individuals who will be represented with funds from the City of Santa Ana, residency in Santa Ana. If additional funding becomes available from other jurisdictions or from private sources, then representation could be extended to detained individuals who are not Santa Ana residents. The City understands that attorneys in the program may reach capacity at some point during the first year, in which cases decisions regarding representation and prioritization will be left to the discretion of the legal service provider. Client intake would take place primarily through on-site visits at the two facilities where ICE detainees will be housed in Orange County: the James A. Musick facility in Irvine, and the Theo Lacy facility in Orange. Currently, a Legal Orientation Program (LOP) run by the Public Counsel Law Center takes place on a monthly basis at Musick, and it is possible that LOP may be initiated at Theo Lacy in the upcoming year through an initiative by the non-profit organization Asian Americans Advancing Justice. Assuming that LOP at either or both facilities operate, then attorneys could perform case intake through the LOP. Given that many deportation cases do not reach the immigration courts, intake at the detention facilities is critical and will enable attorneys to assist clients who would be otherwise subject to summary removal (e.g., expedited removal, reinstatement, stipulated removals). In addition to client intake at the detention facilities, intake may also take place in Santa Ana to permit family members and friends of detained individuals to bring cases to the attention of the program. The program would also receive referrals from other non-profit organizations in the area. 8) How would a one-time catalyst grant (e.g., of $100,000) augment your plan to provide removal defense services? How could such a grant help you build a program that will be sustainable over time? The one-time catalyst grant will provide a critical supplement to funding removal defense 20A-6 services in Orange County and facilitate the successful launch of the OC Justice Fund. Once launched, the OC Justice Fund in collaboration with its pilot project partner could continue to build momentum amongst community members, funders, and other jurisdictions. 9) Describe how you envision using Vera's in-kind support services to support your program. Which services seem the most pertinent/needed in your jurisdiction? Please include any additional relevant details. The menu of services includes: legal training for LSPs, assistance with stakeholder relationships such as staff at the detention facility and court, selection of LSPs, procurement, research and data reporting, and strategic communications support. The City appreciates the in-kind support services offered by Vera, and believes that collaboration through Vera's national network will lend legitimacy and stability to the provision of deportation defense services in Orange County. The most pertinent services appear to be assistance with stakeholder relationships (particularly staff at the detention facilities), research and data reporting, and strategic communications support. Vera's feedback with respect to the creation of an infrastructure that will create the most promising conditions for long-term sustainability, the promotion of due process and systemic reform in the immigration system will also be valuable. 10) Vera has created a secure online database and will be collecting data on the legal services performed by the LSPs for the purposes of program management and reporting. Please indicate your willingness and plan to ensure that the LSPs cooperate with Vera's data collection efforts. In addition, what does your jurisdiction hope to demonstrate through data in terms of measureable results? The collection of data will facilitate the evaluation of the universal representation program and provide a better picture of who is impacted by immigration enforcement and who/how they are being helped, which can then support future efforts to secure funding for the legal representation of detained immigrants at various levels. The City is willing to cooperate with Vera's data collection efforts and will work with the service providers to ensure that data collection takes place. (The budget numbers described in this proposal account for the hiring/staffing of a paralegal, whose responsibilities can include assisting with data collection). 11) Describe the role that local government staff is expected to play in the program. Please specify the amount of city staff time that will be committed to this program and the role that city staff will play in supporting and promoting the program. The City anticipates utilizing current staff and resources from the City Manager's Office, as well as staff from other offices as needed, for the pilot program. Staff will participate in Vera's required components of the program, including joining meetings and webinars, assisting with data collection, and using City communications to disseminate information related to the City's participation in the SAFE Cities network. Additionally, staff will liaise with the OC Justice Fund partners. 5 20A-7 12) Describe your jurisdiction's willingness to participate in public communications and media regarding the network. Please include any prior experience with similar communications efforts related to your jurisdiction's pro -immigrant policies. Please identify any organizations or individuals who you anticipate will be allies. Do you anticipate any backlash over these efforts? If so, please identify any organization or individuals who you anticipate will be vocal critics of the program. Since the 2016 elections, the City of Santa Ana has emerged as a local, regional, even national, leader in its efforts to embrace its diverse population and to promote the safety and security of its local residents irrespective of immigration status. Santa Ana's sanctuary policy—which received unanimous City Council support has been recognized as a national model. See Lawrence Downes, A "Sanctuary City" Seizes the Moment, and the Name, N.Y. TIMES (Mar. 3, 2017) (describing the Santa Ana, CA sanctuary ordinance as "one of the boldest and most far-reaching sanctuary ordinances in the state."). Notably, the Santa Ana ordinance applies to all residents, regardless of prior criminal history. See Jessica I-wong, Santa Ana's Status as Sanctuary City Made Official, O.C. REGISTER (Jan. 19, 2017) ("Heeding pleas from residents during public comment, council members on Dec. 20 removed the exceptions allowing the use of city resources in the cases of criminal defendants."). On February 23, 2017, the City was notified by the Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE) that the Intergovernmental Service Agreement between the two agencies, commonly referred to as the ICE contract, was to be terminated 90 days from receipt of the notice. This action followed prior action by the Santa Ana City Council on December 6, 2016 to reduce the maximum capacity of ICE detainees at the City's jail facility, which was in alignment with their plan to terminate the ICE contract by 2020. One consequence of the termination of the ICE contract has been a significant loss of revenue for the City. See Downes (describing cancellation of ICE contract for loss of $340,000 per month, noting that "[t]he city accepted the bit, realizing how inappropriate it would be to call itself a sanctuary while profiting from Mr. Trump's deportation policies"); City of Santa Ana, Press Release, U.S. Immigration and Customs Enforcement (ICE) Terminates Contract with City of Santa Ana, Feb. 23, 2017, available at https:Hlocal.nixle.com/alert/5858499/. A number of community-based organizations and several immigration law experts have worked as allies with the City to design a universal representation for its residents. These allies include Resilience Orange County; Orange County Immigrant Youth United; Asian Americans Advancing Justice; Public Law Center; the Orange County Hispanic Bar Association; UC Irvine School of Law Immigrants' Rights Clinic; and Western State College of Law Immigration Clinic. These are many of the same organizations the City worked successfully with on its sanctuary ordinance. Some backlash related to the City's immigrant -friendly initiatives is inevitable. At the County level, there exists a vocal movement of individuals who support the immigration enforcement policies of the current Administration. However, the City expects that through proactive communications and outreach efforts, it will be able to continue to build support for its more welcoming policies. 6 20A-8 13) Please provide anything additional relevant information that you would like to include in this RFP. The need for removal defense legal services in Orange County is tremendous. Currently, there is no non-profit organization — or even a single dedicated non-profit attorney — focusing exclusively on the needs of the detained immigrant population in Orange County, despite the existence of 838 ICE detention beds at two contracted facilities. Recently, the Orange County Board of Supervisors voted to expand its contract with Immigration and Customs Enforcement at the Theo Lacy facility, which is expected to result in an increase of 120 detention beds in the County (with the possibility of even higher numbers in the future). 20A-9 The following attachments are included with this proposal: City Council Materials 1. Request for Council Action, Immigration Legal Defense Options, May 16, 2017 (recommending that City pursue inclusion in Vera Institute SAFE Cities Network) — approved May 16, 2017 by majority Council vote Media 2. Jessica Kwong, Santa Ana Wants to Create Legal Defense Fund for Immigration Detainees Facing Deportation, O.C. REGISTER (May 17, 2017) 3. Erwin Chemerinsky, Create a Justice Fund for Universal Representation, O.C. REGISTER (March 15, 2017) Letters of Support 4. Letter of Support from Lindsay Toczylowski, Executive Director, Immigrant Defenders Law Center 5. Letter of Support from Sameer Ashar and Annie Lai, Clinical Professors of Law and Co - Directors, UC Irvine School of Law Immigrants' Rights Clinic 6. Letter of Support from Jennifer Lee Koh, Professor of Law & Director, Western State College of Law Immigration Clinic 7. Letter of Support from Julie Marzouk, Assistant Clinical Professor & Co -Director, Dale E. Fowler School of Law at Chapman University's Betty & Wylie Aitkin Family Protection Clinic 8. Letter of Support from Norma Garcia Guillen 9. Letter of Support from Sandy Chiang, Program Manager, The California Endowment 10. Letter of Support from Jorge A. Alvarado, Director of Litigation, Training and Advocacy, Public Law Center 11. Letter of Support from Eric Dominguez, President, Orange County Hispanic Bar Association 12. Letter of Support from Abraham Medina, Executive Director, and Roberto Herrera, Community Engagement Advocate, Resilience Orange County 13. Letter of Support from Faby Jacome, Program Coordinator & Deportation Defense Organizer, Orange County Immigrant Youth United 14. Letter of Support from Sameer Ahmed, Staff Attorney, and Jennifer Rojas, Community Engagement & Policy Advocate, American Civil Liberties Union of Southern California 15. Letter of Support from Sylvia Kim, Regional Director Asian Americans Advancing Justice - OC 16. Letter of Support from Laura Kanter, Director of Policy, Advocacy and Youth Services, LGBT Center OC 17. Letter of Support from Julio Perez, Executive Director, Orange County Labor Federation 20A-10 REQUEST FOR COUNCIL ACTION �.r CITY COUNCIL MEETING DATE: MAY 16, 2097 TITLE: IMMIGRATION LEGAL DEFENSE OPTIONS CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended As Amended Ordinance on 1" Reeding Ordinance on 2M Reading Implementing Resolullon ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Discuss the various options identified by staff to facilitate providing legal representation to those members of the community that are at risk for deportation and discuss whether to further pursue any of the following alternatives: a) Partner with Immigrant Defenders or Other Established Providers of Legal Services b) Establish a Joint Powers Authority c) Establish a Central Location for Referral of Services d) Provide Funding for a Legal Defense Fund e) Pursue Vera Institute Support Grant 2. Provide direction on a different option or 3. Decide not to take any further action. DISCUS§ION On February 21, 2017, a majority of the Santa Ana City Council voted to direct staff, in consultation with the City Attorney's Office, to collaborate with state and county government, as well as legal service providers and private stakeholders, to prepare to launch a coordinated Initiative to provide access to legal representation to Santa Ana residents currently at risk of removal and who cannot afford an attorney. A majority of the City Council also instructed that staff provide an analysis of all legal, fiscal and organizational issues presented and report back to the City Council with recommendations. The population of Orange County Is approximately 3,169,776.' California is home to an estimated 2.35 to 2.6 million undocumented immigrants. As of 2013, it was estimated that i July 1, 2015 US Comes Numbers, hitps:l/wwcw.census.govlquickfactsltabl&TST045215Po6059 66A-1 20A-11 Immigration Legal Defense Options May 16, 2017 Page 2 Orange County had 247,600 undocumented immigrants? In response to the City Council's direction of February 21, 2017, the law professors who direct the Wester State College of Law immigration Clinic and the UCI Law School Immigrant Rights Clinic provided the City Attorney's Office with a memo outlining Information on this subject and suggestions for follow-up. The professors pointed to statistics which indicate that 68% of immigrants are unrepresented In Immigration cases.3 Unrepresented detained immigrants are able to demonstrate their eligibility for relief from deportation only 6% of the time, while those with lawyers succeed more than five times as often.4 These statistics make It clear that there is a significant benefit to having an attorney during immigration proceedings. Currently, the law provides for guaranteed legal representation only In criminal cases where the defendant Is Indigent. While Immigration proceedings are administrative In nature, the consequences can be equally serious. In furtherance of the Council's direction, the City Attorney hosted a meeting on March 8, 2017 at the City with legal service providers, private stakeholders, and City Staff. The private stakeholders that participated In the meeting were from Resilience OC, Orange County Immigrant Youth United, and Asian Americans Advancing Justice Orange County. The legal service providers that participated In the meeting were from the Western State College of Law Immigration Clinic, the UGI Lawn School Immigrant Rights Clinic, the Public Law Center, and two lawyers from private law firms with particular knowledge of the legal services available to Indigent Individuals subject to removal. During the meeting, a valuable exchange of ideas and a fruitful discussion took place. As a result of the March 8P' meeting and subsequent information gathering, the following options and recommendations regarding the potential framework for providing access to legal representation as discussed in City Council Agenda Item 85A from February 21, 2017. 1. The City Should Take Actions That Will Reduce Fear in the Communi Community stakeholders In conjunction with City staff noted that the residents of Santa Ana have fear that often Inhibits them from seeking assistance for many Issues, not the least of which are immigration related matters. Some of this fear may be a result of misinformation about Immigration enforcement activities in the area and whether city police officers are extensions of federal immigration officers. Community members feel strongly that addressing these fears by way of education about an Individual's rights is important, Including the possibility of a "know your rights" clinic of the type sponsored by groups like the ACLU. Community members and City Staff noted that fear can have a broad effect on the community, Including lack of education for certain youth that are kept at home by their parents due to immigration related fears. A downturn in enrollment and/or attendance, affects the local school districts and community college districts and results In revenue loss, which can affect services. Fear can also cause undocumented 3 Public Policy Institute of California, Just the Facts, "Undoemnented immigrants in California," March 2017, kV,J/www.ppic.orgtmandpublicadon—shn masp?i=ll 18 5 See California Coati don for Universal Representation, Cal ornia's Due Process Crisis: Access to Legal Counsel for Detained Immigrants (June 2016), available at vtyw Hila oon8enss/upioadd2Q(6/QGJacress to counsel Cai({oalftton r�grt-201 b-06.odf 41d, note 3 at 7. 20A-12 Immigration Legal Defense Options May 16, 2017 Page 3 Individuals to seek assistance from inexperienced, unlicensed, or unqualifled professionals who often exploit them, causing additional fear and distrust. Some of these service providers, for example, hold themselves out to be lawyers when in fact they are not licensed to practice law. 2. The City Should Take Actions That Will Build Trust with the Community Community members also expressed that lack of trust, in conjunction with fear, prohibit individuals from coming forward to obtain assistance that they may need. Often trust in government is minimal due to preconceived notions brought with people from their place of birth or misinformation about the role of local government In relation to the federal government. Community members feel strongly that a partnership with grass roots organizations and/or religious organizations may go a long way In building trust with the community because these organizations have more day-to-day contact with residents than local or county government. 3. a) In Los Angeles, a pro bona law firm named Immigrant Defenders Law Center advocates for universal representation in immigration matters and functions as a type of public defender system for immigrants facing deportation. The Immigrant Defenders Law Centers is supported by the Vera institute for Justices, Georgetown University Law Center, USC Gould School of Law, Crittenton7, Skadden Foundations, MALDEF, California Community Foundation, and the Episcopal Church In the Diocese of Los Angeles. Several of the legal practitioners that attended the March 8th meeting advocated for a partnership with Immigrant Defenders Law Center and/or supporting an expansion of the Immigrant Defenders Law Center to the Orange County area. That option would likely require some monetary support from the City and/or non-profit entities but has the advantage of a faster start-up. b) Establish a Joint Powers Authority California Government Code section 6502 allows two or more public entities, if authorized by their governing boards or legislature, to enter into an agreement to jointly exercise any power common to the contracting parties. The parties may also create a separate entity entitled a joint powers authority. Government Code section 6503.5. A joint powers agreement or a joint powers www.bnmddors 6 bttp://www.vemorw ? bttp://crlttentomocal.org/wbut-we-do%omm city-based-saMces/ I haps://vnm.aksddtarollowsWps.oW 65A-3 20A-13 Immigration Legal Defense Options May 16, 2017 Page 4 authority may be one way for the City and another government agency, primarily, the County, to join forces to provide legal representation to local residents for immigration proceedings. However, this option would need further discussion, most notably, outreach to the County of Orange If use of County public defenders is contemplated. One example of this type of JPA Is the successful Tri -City Mental Health Center, a municipal Joint powers authority in Pomona to provide mental health care services for residents of those cities. c) Establlsh a Central Location for Referral of Services The City of San Jose has an Office of Immigrant Affairs which is housed In the City Manager's Office. The Officer of Immigrant Affairs provides resources and links to resources for community members. The resources include a list of information such as links to lawyers, refugee organizations, legal rights information, and Immigration information such as the DREAM Act. The City of Santa Ana could establish a similar office which would compile a list of available resources for individuals In the community and make them, available at the office and on the Internet. This option would require the City to hire or assign a current City employee to the position of project manager or community liaison. Funding for this position would have to be Identified. d) P%vide Funding for a Legal Defense Fun The participants in the March 8g' meeting all agreed that there is a need for greater coordination to increase the supply of qualified immigration attorneys in Orange County who are willing and available to provide deportation defense to Indigent Individuals. They advocated for training and leadership classes to develop a pool of competent immigration attorneys and legal staff that can assist the community. The legal practitioners and taw school professors also advocated for the creation of a dedicated unit with expertise and capacity for deportation defense; provision of high-quality, holistic representation including funding for interpreters and experts; flexibility to respond to enforcement practices; and eligibility restrictions limited to income only and not criminal record. This vision is akin to the Immigrant Defenders Law Center and/or New York Family immigrant Unity Project (NYFtUP) programs but would be started from the ground floor in Orange County using those projects as a model. The legal practitioners and law school professors envision a significant monetary contribution from the City of $1 million dollars and from non -profits of $1 million dollars. Given the City's current budget constraints, It may not be the most attainable option unless the funds came solely from non -profits. Furthermore, the Issue of whether a screening process for Income and criminal background requirements would be used and what that screening process would entail would need to be explored, The cities of New York, Chicago, San Francisco, and Los Angeles have all started legal defense funds. Chicago recently approved a $1.3 million dollar legal defense fund. The money In this fund will be split between two non-profits.s The City of Los Angeles and Los Angeles 9 hupJlbigswryap org(articleldl28do5tip6441ef8d327647843b322doides-counties-mull-imniigmut lent-fund-afteNWmps- VM 66A-4 20A-14 Immigration Legal Defense Options May 18, 2017 Page 5 County announced a $10 million dollar fund, with half coming from private donations and half from public funds.10 The fund, entitled the L.A. Justice Fund, is a partnership between the City of Los Angeles, the County of Los Angeles, the California Community Foundation, the Weingart Foundation and the California Endowment." In San Francisco, the Mayor's Office of Housing and Community Development funds the San Francisco Immigrant Legal Defense Collaborative. The Collaborative provides free, high quality, culturally competent legal services on behalf of immigrant children and families in the San Francisco area 12 The collaborative includes API Legal Outreach!, La Raza Community Outreach Center, La Raza Centro Legal, Carecen SF, Pangea Legal Services, the Bar Association of San Francisco, Immigrant Legal Resource Center, Legal Services for Children, Center for Gender & Refugee Studies, immigration Center for Women and Children, and Kids In Need of Defense (KIND). The Collaborative also works closely with two private taw firms which provide pro bono support. a) Pursue Vera institute Su000rt Grant Several participants in the March 81h meeting lead by the law professors have been working on a Vera institute grant. The Vera institute is a non-profit organization with offices In New York City, Los Angeles, Washington D.C. and New Orleans. Their website is www.vera.org. The Vera institute was one of the founding members of the NYFIIJP which is a project where the Vera Institute has partnered with several groups including the City of Now York to provide public defender services to immigrants In removal proceedings. The goal of the SAFE Network will be to replicate the success of the New York program. The SAFE Network will consist of 10-12 members with New York City, Los Angeles, San Francisco and Chicago as the core members. The Vera Institute expects to add 8-8 members through the letter of interest process. The City sent Its letter of interest on April 28, 2017 and has already been contacted. If the City Is selected to participate further It will have to submit a longer more detailed proposal. Members of the SAFE Network will receive a one-time catalyst grant and in kind support from the Vera Institute, The In kind support will include training for attorneys, assistance with the RFP process, assistance negotiating contracts, information about best practices, conference calls with the 10 http; /www upr.arglsecdondthetwo-way!2016/12/201$06256417/1a4agal-defense-fund-cmated-to-aid-immaigmats facing - deportation St httpsJ/www.lamayor orstmayor-gmetd-armou=es4agal-fund-light-immigrout-rights 11 hupl/diildc,org/ 20A-15 Immigration Legal Defense Options May 16, 2017 Page 6 Network, progress and performance monitoring, access to date about the program that will be collected, and participation for elected officials In media outreach and press releases. The Catalyst Grant Fund currently has $1.5 million In total and the Institute anticipates providing grants of varying amounts out of that money. The minimum grant per network member will be $100,000. To receive the support the City must make a commitment of public dollars and as written the current proposed commitment would be about $500,000 per year. FISCAL IMPACT None by this action. 4101 � City Attorney 40' Sonia R. Carvalho OF OWILU Autt WHIRS to create regal aerense runa roc immigration detainees facing deportation... Page I of 4 ORANGE COUNTY NEWS AM" Santa Ana wants to create legal immigration defense fund for unnugration detainees facing deportation Gurmukh Singh's family comforts earn other during a news conference before he is taken into custody after ICE hearing in Santa Ana, ICE's decision to take Mr. Singh into custody Monday. May, 8, 2017, was based on a deportation order handed down by an Immigration judge with the Department of Justice's Executive Office for Immigration Review in 1999 Santa Ana aims to be the first city to consider a legal defense fund for immigration detainees facing deportation, (Photo by Ken Steinhardt, Orange County Register/SCNG) http-llwww.ocregister.conV20171051171santa-aWAsrl-ycate-legal-defense-fund-for-im... 6/9/2017 awita rsna wants to create iegar cietense rung rot immigration detainees lacing deportation... Page 2 of 4 ByJESSICA KWONG I jkwong@scng.com I Orange 56 COMMENTS County Register PUBLISHED: May 17, 2017 at 5,34 pm I UPDATED: May 18, 20'17 at 8:31 am SANTAANA — Immigration detainees facing deportation have no right to government -appointed counsel, and Orange County lacks a nonprofit or attorney devoted exclusively to providing legal defense for people in that position, local law professors say. And unlike Los Angeles, San Francisco, New York and Chicago, no city in Orange County has started an Immigration legal defense fund. On Tuesday, May 16, Santa Ana took a leap to become the first. The city council on a 4-2 vote, with council members Jose Solorio and Juan Villegas dissenting and Mayor Miguel Pulido absent, directed staff to pursue providing money for a legal defense fund, partnering with immigrant defenders and legal service providers, establishing a central location for referral services, establishing a joint powers authority and seeking a support grant. "Santa Ana would be the first city in O.C. to provide public funds for Immigrant legal defense," said Sameer Asher, a clinical professor of law at UC Irvine School of Law. "Santa Ana as a city has been taking steps that really no other entity in the county has been courageous enough to take. Orange County's second-largest city in December became the first In the county p sanctuary p U.S. immigration coon to adopt t a sanctua ordinance, and hese,. out its..._,._., and t-ustoms Enforcement contract at Santa Ana Jall to the point that the federal agency terminated its detention agreement. In February, the council directed staff to collaborate with legal service providers and launch a coordinated imitative to provide access to legal representation to Santa Ana residents at risk of removal who cannot afford an attorney. Pursuing a legal defense fund "is certainly a natural outgrowth of other steps the city has taken," said Jennifer Koh, a law professor at the Western State College of Law, which has helped Santa Ana get to this stage. http://www,ocregister.com/2017/05/17/santa KIT8create-legal-defense-fund-for-im... 6/912017 aanta Lena wants to create legal defense tuna for immigration detainees facing deportation... Page 3 of 4 But Solorio raised concerns on how contributing to such a fund and the four other initiatives would affect the city's general fund. In a budget work study session earlier Tuesday, staff projected a deficit of $14.4 million for fiscal year 2017-18 and $19.5 million for fiscal year 2019.19. "It's still very unclear how much money is being requested for this entire endeavor,"Solorio said. Councilman Vincent Sarmlento said his initial proposal wasn't to create money over the long term for a legal defense fund, but to provide the catalyst for other organizations to do so. "This really wasn't intended for us to fund anything," he said. "Los Angeles is doing a multimillion -dollar effort. Unfortunately, as many of you saw through our budget situation, we are not In that position, but we can do some." Sarmiento also made a motion, which was approved, to put about $65,000 in the Clerk of the Council's budget that remains unused from a voter outreach program last year toward the legal defense fund. Appropriating that money requires another council vote. Another option staff is pursuing Is establishing a joint powers authority with Anaheim or other interested cities that may strengthen its eligibility for a support grant from the Vera Institute, which has partnered with New York City to provide public defender services to immigrants in removal proceedings. The Consulate of Mexico in Santa Ana signed a memorandum of understanding with the Hispanic Bar Association of Orange County in March, bolstering their capacity to provide free or low-cost counseling and legal representation. A solid network of pro bono attomeys exists, Koh said, but there a great need for lawyers focused on detained immigrants, "It is our hope that Anaheim, Costa Mesa, Orange mightjoin the effort (in Santa Ana) and kind of say to their own residents that they have their back," Ashar said. http://www,ocregister.coml20 l 7iO5l l 7fsanta-aLX&As,tbSVeate-legal-defense-fund-for-im... 6/9/2017 t;reate a Justice Lund for universal representation — Orange County Register Page 1 of S NEWS Create a justice fund for universal representation Molding signs that read "Protect Immigrants," pro -immigration demonstrators stand on the steps of the Kenneth Hahn Halt of Administration in downtown los Angeles on Tuesday, Dec. 20, 2016. By Orange ,,. 0a http:lfwvw.ocregister.com/2Ol7/O3/l6/created-for-universal-representation/ 6/9/2417 u:reate a,usuce tuntt for universal representation — Orange County Register Page 2 of S Orange County desperately needs a justice Fund to ensure that all who face possible deportation can be represented by an attorney, and it is time for local elected officials to exercise leadership by committing public monies to such an effort Indeed, universal representation is crucial to ensuring that everyone who faces deportation is treated fairly and in accord with the Constitution and federal laws. Before we allow any person to stand trial for a criminal offense, our system appoints counsel for anyone who cannot afford to hire an attorney. Deportation can be Just as, if not more, catastrophic for a person than criminal incarceration. Yet there is not a right to appointed counsel for most immigrants in removal proceedings. Immigration law and procedures are highly complex, yet the vast majority of individuals facing deportation must deal with them without legal assistance. The government, on the other hand, always Is represented by an attorney, ADVERTISING http://www.ocregister.com/2017/03/l6/create-gloAp. a-for-universal-representationl 6/9/2017 create a justice fund for universal representation Orange County Register Page 3 of Not surprisingly, providing counsel to indigent immigrants makes a huge difference In ensuring fair proceedings. Detained Immigrants are among the most vulnerable in the immigration system and the least likely to be represented. However, when detained immigrants are able to obtain a lawyer, they succeed in obtaining relief from deportation more than five times as often as those who are not represented. Detained immigrants who have legal representation are also able to succeed in securing their release from detention at a bond hearing four times more often than those who are unrepresented. Release permits immigrants to return home while they are fighting their cases, allowing them to earn money and gather the evidence they need to prove their claims. Free legal assistance should be provided to those who face deportation so long as they have the economic need for such help. All whose income does not exceed 200 percent of the federal poverty guidelines should be eligible for assistance. This is similar to how criminal defendants are determined to be eligible for an attorney at government expense. No one should be denied help because of a prior criminal record. Everyone facing deportation —with or without a criminal record — deserves a fair proceeding, which requires the assistance of a trained advocate. Under the Trump administration's approach, even very old or minor criminal charges can render longtime residents vulnerable to deportation. Moreover, recent studies have documented that there Is no benefit in decreasing crime by deporting residents with criminal records. Those who are unlawfully present and who pose a danger, of course, should be deported. But a criminal record, especially when it is for minor or long ago offenses, does not In and of Itself provide a basis for deeming a person dangerous. It is particularly important that universal representation be provided in Orange County, which is home to approximately 313,000 undocumented immigrants and three immigration detention facilities. The Trump administration has been emphatic in Its desire to increase immigration enforcement and deportations. The response must be to ensure that those at risk have legal representation. http://www.ocregister.coml2017/03ll6lcrea2O'Aj,9d-for-universal-representation! 6/9/2017 %AMR; aJusnCC cunu for unzversai represemanon- orange a:ounty 1ceglster Nage 4 ot'S Providing universal representation ultimately can save the government significant money. A study in New York concluded that a publicly funded representation system for all indigent detained New Yorkers in removal proceedings would ultimately save money for the state. When the familys wage earner is detained, the family may no longer be able to pay for food or shelter or medical care. Children, including U.S. citizen children, race serious harms when a parent is detained or deported. Eighty-nine percent of Santa Ana children — and 59 percent of Orange County children — have at least one Immigrant parent. The solution is to provide universal representation, starting with detained Immigrants. Late last month, the Santa Ana City Council directed its staff and the City Attorney's Office to work with other stakeholders to launch a universal representation pilot program for immigrants facing deportation. With seed funding for an OC justice Fund from Santa Ana, proponents hope to raise additional funds from other public entities, foundations, bar associations, and private donors, The UC Irvine Immigrant Rights Clinic and Western State College of Law Immigration Clinic will be available to offer mentorship and guidance to the attorneys providing deportation defense. Such a pilot program for universal representation then can grow into a more permanent effort to ensure that all who face deportation have legal representation, Cities across the country are embarking on universal representation and Orange County should be a leader in this regard. Some object to the government providing money to represent those who are alleged to be undocumented. But every person -- citizen and non -citizen, documented and undocumented — deserves fair and just proceedings when facing something as serious as deportation. The government never should be able to deport a person just because he or she was unable to afford a lawyer. fiwln Chemerinskyis dean of the UClrvrne School ofLaw.. EMMUTIMM33= n Erwin Chemerins4 Erwin Chemerinsky is dean of the UC Irvine School of Law. http:1'lwww.ocregister.com/2017/O3/l6/Create- Acai%for-universal-representation/ 6/4/2017 IMMIGRANT DEFENDERS Law Center Friday, June 09, 2017 Vera Institute of Justice 233 Broadway 12th Floor New York, NY 10279 RE: City of Santa Ana Proposal to Vera Institute of Justice SAFE Cities Network Dear Ms. Chen: Immigrant Defenders Law Center is a next -generation social justice law firm that defends our immigrant communities against systemic injustices in the legal system, principally through providing high-quality deportation defense to the most marginalized immigrants in Southern California. Our main office is in downtown Los Angeles, and we also have a satellite office in the Inland Empire city of Riverside. Our organization specializes in high-volume, universal representation programs serving immigrants in removal proceedings. Annually, our team of experienced attorneys and support staff handle approximately 650 deportation defense cases for clients living throughout Southern California, including a substantial number of clients who reside in Orange County. Immigrant Defenders strongly supports the City of Santa Ana's proposal for inclusion in the SAFE Cities Network. Immigrant Defenders is enthusiastic about expanding our programs to provide more substantial deportation defense services to Santa Ana residents who are detained by federal immigration authorities. We welcome the opportunity to help build capacity in Santa Ana, and potentially throughout Orange County, to meet the needs of residents who are impacted by the federal government's increased immigration enforcement. Immigrant Defender's leadership team not only has extensive experience in deportation defense and program management, but one of our Directing Attorneys, Meeth Soni, was previously an Orange County based immigration attorney for 7 years. She is eager, along with the rest of Immigrant Defenders leadership staff and Board of Directors, to work together with partners in Orange County to help launch a sustainable program to protect our immigrant communities. Immigrant Defenders understands that the plan would be for us to contract with the Orange County Justice Fund (the Fund), a non-profit entity that would consolidate funding from various sources, including the City of Santa Ana, the Vera Institute of Justice, and private funders. The Fund also intends to provide fundmising and other support for deportation defense programs in Orange County through an independent Board of Directors. A partnership with the Fund would enable Immigrant Defenders to 634 South Spring Street,10th Floor 4 Los Angeles, CA 9001.4 ♦ Tel: (213) 634-0999 4 Fax: (213) 282-3133 www.lmmDef.org 20A-24 launch a pilot project with at least 2 attorneys and a paralegal staffing an Immigrant Defenders Orange County satellite office. These attorneys would likely spend four days a week in the Orange County office, and one day a week in our Los Angeles office for case review, trainings and court hearings. This is the same model we successfully use with our Riverside office based attorney. We believe that we could launch a pilot program with seed funding of approximately $250,000-$350,000. We are thrilled to see this proposal moving forward and hope that the Vera Institute will recognize the need for inclusion of traditionally underserved areas like Orange County in the network. Should you have any questions, please do not hesitate to contact me regarding the City of Sana Ana's proposal. Respectfully Submitted, Lindsay Toczylowski Executive Director 20A-25 UCIUniversity of School of Law California, Irvine UCI Law Clinics June 9, 2027 RE: Support for City of Santa Inclusion in Vera Institute of Justice SAFE Cities Network and Universal Legal Representation for Detained immigrants To Whom It May Concern: The University of California, Irvine School of Law Immigrant Rights Clinic (IRC) is happy to submit this letter in support of the City of Santa Ana's proposal for membership In the SAFE Cities Network, a Vera Institute for Justice program designed to help establish and expand universal legal representation for detained immigrants facing deportation. Over the past several years, IRC students, working under close faculty supervision, have provided direct representation to immigrants on matters ranging from deportation defense and bond representation to workers' rights and civil and constitutional rights enforcement In addition to direct representation, the Clinic partners with community organizations on free legal clinics, outreach and education, and policy advocacy. Particularly through our work with our community organizational partners, IRC has developed expertise in representing some of the most vulnerable members of the immigrant community. We are one of the few providers in Orange County that handles complex deportation defense cases. Some of our cases Include: youth who were referred to ICE by the Orange County Probation Department; residents erroneously alleged to have gang ties, Immigrants needing post -conviction relief in criminal court; and LGBT Immigrants seeking asylum and other forms of protection. Over the past seven (7) semesters, we have also run a bond representation project, providing critical assistance detained immigrants in four area detention centers, many of whom were subject to prolonged mandatory detention, and securing release for over 20. Unfortunately, IRC is not a high-volume service provider. We rely on university funding and, consequently, devote a great amount of attention to the pedagogical benefits of the work that we do. We train law students to work on some of the most challenging cases in the field. An individual deportation defense case of the type that we handle can extend over multiple years. Bond cases can extend over multiple months. School of Law UCI Law Clinics PO Box 5479 Irvine, CA 92616-5479 20A-26 (949) 824-6257 P (949) 824-2747 F www.law.uci.edu There is currently no organization in Orange County dedicated to providing deportation defense services with any degree of regularity or volume. The limited resources that we have mobilized do not meet the magnitude of the need, heightened in an era of aggressive interior immigration enforcement. Indeed, bed space at the Adelanto and Theo Lacey detention facilities has been expanded to support ICE enforcement actions in Southern California. It is our hope that the inclusion of Santa Ana in the SAFE Cities Network will contribute to the growing momentum in Orange County for universal representation for detained immigrants. Key public and private sector actors have come together in support of this proposed program. In-kind support and matching funds from Vera will push the Initiative into existence. We have excellent service providers in the Southern California region, such as Immigrant Defenders Law Center, who have the track record and ability to provide these services in Orange County in the short term with additional resources. It is our goal that the Orange County Justice Fund and a universal representation pilot program would be established and begin serving detained immigrants within three months. IRC is committed to supporting the Santa Ana program in any way possible. We stand ready to offer mentorship, expertise and guidance in the start-up phase and beyond. Should you have any questions, please feel free to contact either of us at sashar(&Iaw.uci.edu.949-824-9868, or alaI0Imv.uci.edg 949-824-9896. Thank you for your consideration. Yours truly, m ,, J" -b tom'" ' Sameer M. Ashar, Clinical Professor of Law Annie Lai, Clinical Professor of Law 20A-27 June 9, 2017 WESTERN STATE COLLEGE OF LAW -- At ARMY HNRPFASITY ---- Vera Institute of Justice 233 Broadway 12th Floor New York, NY 10279 RE: City of Santa Ana Proposal to Vera Institute of Justice SAFE Cities Network Dear Sir or Madam: I Bsnting Nne,CA92618 sVn,wsulavr,edu I write to express the Western State College of Law immigration Clinic's enthusiastic support for the proposal submitted by the City of Santa Ana to the Vera institute of Justice SAFE Cities Network. I am a law professor at Western State College of Law, where I am the founding director of the law school's in-house Immigration Clinic, Together with Staff Attorney Sabrina Rivera and adjunct professor Andrew Knapp, the Immigration Clinic provides pro bono representation to noncitizens in a range of immigration matters. Many of our clients are long-term residents of Orange County and/or are survivors of abuse or persecution, and many of those same clients have had prior encounters with the criminal justice system. We have developed strong internal expertise in assisting individuals caught at the crossroads of the criminal and immigration laws, where the legal system is often extremely harsh and unforgiving. This past year, the Clinic expanded its work to include representation of indigent individuals before the Ninth Circuit Court of Appeals. The Clinic has also collaborated with various non-profit organizations and legal entities throughout Orange County to provide community outreach and education, free legal clinics, and policy advocacy. The Clinic has addressed issues such as expanding the capacity of the private immigration bar to better meet the immigration legal needs of modest -means individuals in Orange County; the need for immigrant families to plan for the care of their children in the event that deportation renders both parents unable to remain with them; and the diversion of noncitizens facing deportation away from the immigration courts. We have aspired to provide high-quality representation to extremely vulnerable members of our community while addressing systematic barriers to access to justice faced by immigrants. But the representation and advocacy that we provide is merely a drop in the bucket, compared to the need. As a law school clinic, we have two goals: first, to train law students in practical lawyering skills; and second, to protect and promote the human rights of immigrants. In the vast majority of cases, Western State College of Law students provide representation to our clients, under close faculty supervision. As a result, the Clinic is not equipped to absorb a caseload that could adequately meet the demand for legal representation. This is especially true with respect to immigrants in detention, where the needs are particularly acute, Over the past several months, I have participated in conversations with a number of individuals and community leaders — including Darren Aitken, Don Daucher, and Norma Garcia Guillen F- who share in the Clinic's commitment to building a "universal representation" program in Orange County, beginning with Santa Ana. I (along with others) 20A-28 am willing to devote energy to ensuring that the private funds to complement funding from the City of Santa Ana and Vera Institute of Justice can be raised, so that we can begin the process of bringing a modicum of due process and fairness to the federal deportation system. In light of the fact that there is no legal service provider in Orange County that regularly provides representation in removal defense, especially for detained immigrants, the Clinic is committed to supporting the creation of an OC Justice Fund. We are ready to offer mentoring, expertise and guidance in both the short- and long-term for the OC Justice Fund. Please do not hesitate to contact me at (714) 459-1136 or jk h@wsulaw.edu should you have any questions. Yours truly, Jennifer Lee Koh, Esq. Professor of Law & Director, Immigration Clinic Western State College of Law 20A-29 t5o W Vrcnmuw Avv. ANAWAIM, CATAFUnNIA 91805 Cn A 11MAN.F.1)1111 AW June 6, 2017 ttcoc & Wylie Aitkcn Family Proicetion Clinic (71 •t) 765-15'79 • Caa%: ( 714) 991-1776 PROr. WENDY M. $EDEN, CO-DwrcTOit PRMJUL1E NIARZOUK, CO-DutccTOR RE: Support for City of Santa Ana Inclusion in Vera Institute of Justice SAFE Cities Network and Universal Legal Representation for Detained immigrants To whom this may concern: The Betteand Wylie Aitken Family Protection Clinic at Chapman University Fowler School of Law is pleased to submit this letter supporting the City of Santa Ana's proposal for one-time matching funds and inclusion in the Vera Institute of Justice's SAFE Cities Network, a program designed to encourage localities to fund universal legal representation for detained immigrants facing deportation. The Aitken Family Protection Clinic is an academic program of Chapman University's Fowler School of Law, Each semester law students provide free legal advice and representation to low-income and indigent survivors of domestic violence in immigration and protective order matters, The Clinic specializes in the representation of individuals and families in petitions for immigration relief under the Violence Against Women Act and Victims of Trafficking Protection Act. We provide legal representation to 150 low-income and indigent survivors of family violence and related crimes on an annual basis. The Clinic also provides extensive legal training, to victim advocates, social workers, and lawyers who represent immigrant victims of crime. We routinely conduct know your rights presentations in the community and work in local collaborations to improve local, state, and national policies that affect immigrant victims of crime. The Aitken Family Protection Clinic and other current non-profit legal service providers in Orange County cannot currently meet the need for immigration removal defense. We routinely receive calls from Santa Ana residents seeking representation in removal proceedings. Our Clinic does not provide ANY representation to detained immigrants and does not routinely engage in removal defense. Most of our clients are mothers, and many are child victims of abuse or violence. These victims face uncertain futures and potential separation of their families due to deportation or because their abusers withhold immigration benefits, Our clients or their family members are routinely detained and deported and simply tack the funds to pay for counsel. Legal representation for these clients could mean the difference between separation or deportation and family unity and security. When an individual is detained or deported, the entire family suffers. We see families that are separated after decades of life together in the united States„ breadwinners who are forced to leave their families behind, and children who are traumatized without the love and support of a parent who has been detained or deported. The Santa Ana Universal Representation Fund would provide a critical first step in providing access to justice for immigrants who have been detained and face deportation. Current local legal nonprofits provide some legal representation in immigration, but do not have the capacity to provide detained removal defense. This gap in services devastates our local communities. The Aitken Family Protection Clinic enthusiastically 20A-30 supports the creation of an OC Justice Fund that will facilitate the creation of a nonprofit entity to provide that much-needed legal representation. Should you have any questions, please feel free to contact me, Thank you for your consideration, Sincerely, Julie Nlar/otuk Assistant Clinical llrofc%sor Dale P. Fender School of Lakti at Chapman Unicersiiy Co- Director Bette & Wylie Aitken Family Protection Clinic -Immigration marzoukcii>chapman,edu ( 714) 623-' 069 20A-31 'l.arARCIA., RAINEY BLANK(' &)W ERBANK. LLP June 8, 2017 Vera Institute of Justice 233 Broadway I2th Floor New York, NY 10279 695'rown Center Dr., Suite 700 Costa Mesa, CA 92626 Main: (714) 382.7000 roe: (714) 7$4-0031 Norma Garcia Guilldn (714)382-7002 nguciagtiitlei)@garciarainey.com RE: City of Santa Ana Prouosal to Vera Institute of Justice SAFE Cities Ne work I write to express my suppoit for the City of Santa Ana's proposal to be included in the Vera Institute of Justice's SAFE Cities Network. I am a commercial litigator and founding partner of the law firm Garcia Rainey Blank & Bowerbank, former president of the Orange County Hispanic Bar Association, and former chair of the Board of Directors of Vidworks, a Santa Ana -based nonprofit organization that serves at -risk youth and their families—and a native of Santa Ana. Over the past several months, I have been working with a coalition of individuals, including the directors of the immigration clinics at UC Irvine School of Law and Western State College of Law, to create the Orange County Justice Fund. We are in the process of incorporating the OC Justice Fund as an independent, 501(c)(3) organization that will consolidate public and private funds for the purpose of launching the provision of legal service for detained immigrants facing deportation. Financial seed money from the City of Santa Ana and the Vera Institute would provide the OC Justice Fund with critical funds and national expertise to address a deeply important due process and access to justice issue. I am compelled to underscore that selecting a municipality in Orange County will further promote equal access to justice in a community where resisting that movement has long been the norm and where anti -immigrant policies are often developed. For instance, one of the authors of Proposition 187, the anti -immigrant (and unconstitutional) measure that sought to defend education and other critical fundamental rights for immigrants, was an Orange County resident. The Minuteman project was also founded in Orange County. Thus, forming the Orange County Justice Fund and having the support of the Vera Institute in these critical times is not only long overdue in Orange County, but needed perhaps more than in any other county/city in California, 20A-32 June 8, 2017 Vera Institute of Justice Page 2 Please do not hesitate to contact me at (714) 382-7002, or nR_atcia uil� lenQgarciarainev.com with any questions regarding the City of Sana Ana's proposal. Respectfully Submitted, Norma Garcia Guillen, Esq. 20A-33 The California Endowment June 5, 2017 RE: Support for City of Santa Inclusion in Vera Institute of justice SAFE Cities Network and Universal Legal Representation for Detained Immigrants To whomever this may concern: The California Endowment is pleased to submit this letter supporting the City of Santa Ana's proposal for one-time matching funds and inclusion in the Vera 1000 North Institute of justice's SAFE Cities Network, a program designed to encourage Alameda Street localities to fund universal legal representation for detained immigrants facing Los Angeles deportation. CA 00012 213 929.0012 In 2015, The California Endowment reached the halfway point of our 10- PnM 213,928.8001 year Building Healthy Communities {BHC} strategic plan. This plan focuses on eo3'928.8801 improving the physical conditions and changing the systems that negatively Impact underserved communities and their ability to be healthy and thrive. A significant portion of the plan involves place -based attention on 14 communities across the state, of which Central Santa Ana is one site. Over the past 7 years, through our partnerships with local immigrants' rights and advocacy organizations, we are deeply aware of the harms caused by deportation and detention and have witnessed firsthand the detrimental impact such actions have on an individual, family and community health. There is a critical need in Orange County for an organization that provides legal representation to detained immigrants who cannot afford attorneys. The California Endowment is prepared to support the creation of an OC justice Fund that will facilitate the creation of a nonprofit entity that provides this much- needed legal representation. Should you have any questions, please feel free to contact me at c_chiangt:la alendaw.ore or 213-926-6727. Thank you for your consideration. Sincerely, Sandy Chiang Program Manager 20A-34 • PUBLIC LAWC ENTER PROVIDING ACCESS TO JUSTICE FOR ORANGE COUNTY'S LOW INCOME RESIDENTS June 5, 2017 RE: Support for City of Santa Inclusion in Vera Institute of Justice SAFE Cities Network and Universal Legal Representation for Detained Immigrants To whomever this may concern; The Public Law Center is pleased to submit this letter supporting the City of Santa Ana's proposal for one-time matching funds and inclusion in the Vera Institute of Justice's SAFE Cities Network, a program designed to encourage localities to fiord universal legal representation for detained immigrants facing deportation. Public Law Center is an organization that routinely works with immigrant communities in Orange County, as a result we are deeply aware of the barns caused by deportation and detention. Public Law Center's Immigration Unit was founded in 2004 to provide free legal services to immigrant trafficking and domestic violence victims. Since then, the Immigration unit has expanded its service to include asylum seekers, unaccompanied minors, immigrants seeking to naturalize, and undocumented immigrants who are eligible under the current DACA program. Our organization is regularly contacted by individuals whose family and friends have been detained or deported, and although we have provided representation where possible, we do not have the resources to serve everyone who contacts us for assistance. Thus, we strongly support the City of Santa Ana's effort to be included in the Vera Institute of Justice's SAFE Cities Network. We agree that in order to keep families together and communities strong, cities, such as the CIty of Santa Ana, should be funding counsel for immigrants facing deportation who cannot afford an attorney. Should you have any questions, please feel free to contact Jacquelyn Santos at (714) 541-1010 extension 230. Thank you for your consideration. 04 forgdlk Alvarado Director of Litigation, Training and Advocacy 601 Civic Center Drive West • Santa Ana, CA 42701-4002 � 1714) 541.1010 • Fax (714)541-5157 20A-35 *z f 140)* ®A 9970 — Proside"d Ede M. Domingum Prdidmt-Eleni: Dorrell P. Wider Vico Profde rd Yolanda Tmaa Crot Andre Do La Crux seeraum Bettina Yonez Immediate Past PraaldeaR Lyo Fieoeres 2417 Board of Wanton Kate BusNmame Jimmy CAW Ivan Cimoms Stein Goaedn Harm Jemima oarcia carelino Ginn" Diana Gomeolu Beverly Manmade Nicholas Myers Cluistim F, Peoria Leo Pmaiado Galulnla Ramirez Setba Tymkowicz Krision Ziedsut Post Presidents: Michael 1. silvan Frederick A Aguinn Gregory Munoz wnliace R. Davie Jest Amajo Albert Mercurio Frank L Valdez salvadorsannimto David A. Vallee Diana Nmlby Vaides Gilboet Mmmin, Maurice Sanchez Ricbard Asmnndariz Atacdo M.Ajoenun Anon M. Clsiwms Rubors&Smidr Gensga W. A" Roberta Jurado Jon0i L. Chains Cory Aguirre Dorsen o. Aitken Claudia Atvanx Jahn J.lmm Jn91de Dente Fabm Cabema Fededeosoym lead Leda Lisa D. Romimn Laren C Pension Nor oe0arda Guilidn Momma a Ltdoschik CadesxCdomda Gmoveva Maze, Tatima JasoGonzoiez Mayto sontame - Dim Lop" Rarad Ncnde4Floms HISPANIC BAR ASSOCIATION OF ORANGE COUNTY P.O. Box 6130, Newport Beach, CA 92658 Telephone: (949)478-1024 Fax: (949) 440-6710 E-mail: infoA&1ochba.crr Web: www.ochba.orn June 6, 2017 Vera Institute of Justice 233 Broadway 12th Floor New York, NY 10279 RE: City of Santa Ana proposal to Vera Institute of Justice SAFE Cities Network Dear Vera Institute Official: The Orange County Hispanic Bar Association is dedicated to promoting excellence in providing legal services with a social conscience; providing coordinated services to the general and local community; and to fostering goodwill within the community. For more than forty years, the Orange County Hispanic Bar Association has partnered with community organizations, including a recent Memorandum of Understanding with the Mexican Consulate, and served as a resource for the community to express its concerns regarding the state of legal services in Orange County. It is with this experience in hand that can attest to the drastic need for legal services to immigrants facing deportation in Orange County. Among the factors we hope the Institute will consider when considering the City of Santa Ana's proposal: • A recent study by the California Coalition for Universal Representation demonstrated, immigrants detained in California who have an attorney are five times more likely to succeed in their cases than those who do not, • Moreover, another study by the coalition found that thousands of children in California are at risk of ending in the broken foster care system upon the detention and/or deportation of a parent, causing trauma that can have long-term health consequences. • Nearly 70 percent of detained immigrants in California go unrepresented in their deportation cases because they cannot afford an attorney. • In November 2016, Homeland Security's Office of inspector General reported a list of problems with the Theo Lacy Facility (an Orange County Detention Center) including; spoiled lunch meat, moldy shower stalls, broken telephones, and detainees with low-level crimes or no criminal records housed with serious offenders. • Even after local communities demonstrated their support for pro -immigrant policies and the adoption of a"sanctuary city" ordinance in the City of Santa Ana, the Orange County Board of Supervisors unanimously approved a plan to rent 120 additional detention beds to ICE. Such policies have permanent and lasting effects on our communities that we must work together to prevent. We understand that the City of Santa Ana has an opportunity to seek a one-time, matching grant from the Vera Institute of Justice, to help fund a legal representation program for immigrants in detention who are facing deportation. As a bar association who works extensively with private practitioners and area non-profit organizations to participate in pro bono efforts, we can personally attest to the lack of qualified removal defense professionals with capacity to sustain the increased need for 20A-36 legal services. Further, the Orange County community entirely lacks a non-profit for serving detained immigrants facing deportation. This environment magnifies the tremendous value that the City Santa Ana inclusion in Vera's SAFE Cities Network would have on the delivery of legal services to underserved immigrant populations within our community. The Board of the Orange County Hispanic Bar Association as well a group of our past presidents, and several member firms have committed to being among the first fiscal sponsors to the OC Justice fund and are committed to ensuring the long-term support of the initiative. In supporting the City's efforts, we are also furthering the Vera Institute's goal to ensure that detained immigrants do not face deportation without legal representation. By funding counsel for immigrants facing deportation who do not possess the resources to retain adequate representation, we will strengthen immigrant communities while maintaining the social and economic stability of those communities. We stand firmly behind the efforts to create an OC Justice Fund and gladly offer our assistance to the fund and the Vera Institute to make Orange County part of the SAFE Cities Network. Respectfully Submi re!� Eric M. I7omi ez President 20A-37 go June 8th, 2017 RE: Support for City of Santa Inclusion in Vera Institute of Justice SAFE Cities Network and Universal Legal Representation for Detained Immigrants To whomever this may concern: Resilience OC is pleased to submit this letter supporting the City of Santa Ana's proposal for one-time matching funds and inclusion in the Vera Institute of Justice's SAFE Cities Network, a program designed to encourage localities to fund universal legal representation for detained immigrants facing deportation. Resilience OC is an organization that routinely works with immigrant communities in Orange County, we are deeply aware of the harms caused by deportation and detention. Our organization has hosted numerous know -your - rights and Sanctuary City presentations in Santa Ana. Our organization is regularly contacted by Santa Ana residents whose family and/or friends have been detained or deported, and we have provided advocacy or helped them find representation where possible, but do not have the resources to serve every low- income person who contacts us for assistance. There is a critical need in Orange County for an organization that provides legal representation to detained immigrants who cannot afford attorneys. Resilience OC is prepared to support the creation of an OC Justice Fund that will facilitate the creation of a nonprofit entity that provides this much-needed legal representation to Santa Ana and Orange County residents and families. Should you have any questions, please feel free to contact Roberto Herrera, Community Engagement Advocate, roberto@resilienceoc.org. Thank you for your consideration. Yours truly, Abraham Media Executive Director Resilience Orange County 20A-38 Roberto Herrera Community Engagement Advocate Resilience Orange County OCIYU Orange County Immigrant Youth United www.ociyu.org I (916) 936.2.496 11905 E. 17th St. #219 Santa Ana, CA 92705 June 06, 2017 RE: Support for City of Santa Inclusion in Vera Institute of Justice SAFE Cities Network and Universal Legal Representation for Detained Immigrants To whomever this may concern: Orange County Immigrant Youth United is pleased to submit this letter supporting the City of Santa Ana's proposal for one-time matching funds and inclusion in the Vera Institute of Justice's SAFE Cities Network, a program designed to encourage localities to fund universal legal representation for detained immigrants facing deportation. Orange County Immigrant Youth United is undocumented immigrant youth led organization that advocates for the rights of undocumented immigrants to live free from exploitation and persecution by organizing undocumented youth and providing a space in which they can grow as leaders. OCIYU has aided in deportation defense efforts for the last year by creating its Una x Uno program. With this program, we have been able to help over a dozen members of our community with their eases by seeking legal aid for detainees and other resources for their families. However, we do not have the resources to provide aid to every person that is in deportation proceedings in Orange County. There is a critical need in Orange County for an organization that provides legal representation to detained immigrants who cannot afford attorneys. Orange County Immigrant Youth United is prepared to support the creation of an OC Justice Fund that will facilitate the creation of a nonprofit entity that provides this much-needed legal representation. Orange County Immigrant Youth United is prepared to support in the creation of the Orange County Justice Fund which will facilitate the undergoing efforts to limit the collaboration between our local law enforcement and Immigration and Customs Enforcement (ICE) in addition to provide much needed representation to undocumented Orange County residents detained by ICE. Should you have any questions, please feel free to contact Orange County Immigrant Youth United's Program Coordinator and Deportation Defense Organizer, Faby Jacome at faby ca ociyu.or,* Yours truly, Fabiola Jacome-Avila 20A-39 STAND FOR JUSTICE June 8, 2017 RE: Support for City of Santa Ana Inclusion in Vera Institute of Justice SAFE Cities Network and Universal Legal Representation for Detained Immigrants To whom it may concern: The ACLU of Southern California is pleased to submit this letter supporting the City of Santa Ana's proposal for one-time matching funds and inclusion in the Vera Institute of Justice's SAFE Cities Network, a program designed to encourage localities to fund universal legal representation for detained immigrants facing deportation. The ACLU of Southern California is at the forefront of local, state and national efforts to protect all immigrants from unlawful imprisonment, discrimination and law enforcement abuses, and to ensure that they are afforded their due process rights to a fair hearing and access to legal assistance in immigration proceedings. As part of those efforts, the ACLU of Southern California has also been a leading advocate for state and local funding to provide universal legal representation for low-income immigrants facing deportation. The ACLU of Southern California has maintained a strong presence in Orange County, with one of its three offices based in Santa Ana. As an organization that routinely works with immigrant communities in Orange County, we are deeply aware of the harts caused by deportation and detention. Our organization is regularly contacted by Santa Ana residents whose family and/or friends have been detained or deported, and we have provided advocacy where possible, but do not have the resources to provide representation to every low-income person who contacts us for assistance. There is a critical need in Orange County for an organization that provides legal representation to detained immigrants who cannot afford attorneys. The ACLU of Southern California is prepared to fully support the creation of an OC Justice Fund that will facilitate the creation of a nonprofit entity that provides this much-needed legal representation. The ACLU of Southern California's strong commitment to the OC Justice Fund is demonstrated by its willingness to serve on the Board of Directors of the nonprofit entity to ensure that detained Chair Shari Leinwand 1st Vice Chair Richard Barry 2nd Vice Chair Susan Adelman Chairs Emeriti Canny Goldberg Attan K. Jonas' Burt Lancaster` Irving Lichtenstein, MC` Jarl Mohn Laurie Ostrow' Stanley K. Sheinbaum Stephen Rohde Executive Director Rector 0. Vittagra Chief counsel Mark D. Rosenbaum Deputy Executive Director James Glitiam Director at Philanthropy Julia Weinstein Director of Strategic Partnersships& Marketing Vicki Fox Legal Director & Manholes Family Attorney for First Amendment Rights Peter J. Etiasherg Deputy Legal Director Ahilan T. Arutanantham Director of Paticy Advocacy Clarissa Woo Diractercf community Engagement Elvia Meta Executive Director Emeritus Ramona Ripston 'deceased 1313 WEST EIGHTH STREET LOS ANGELES C90X? tbt3.977.9500 f 213.977.5299 ACLUSOCAL.ORG Page 2 immigrants in Orange County receive quality representation, and the financial resources provided to the OC Justice Fund are well spent. Should you have any questions, please feel free to contact ACLU of Southern California staff, Sameer Ahmed or Jennifer Rojas at SAhmedd aclusocal.ore or JRoiaviu,aclusocal.ora. Thank you for your consideration. Yours truly, Sameer Ahmed Staff Attorney ACLU of Southern California Jennifer Rojas Community Engagement & Policy Advocate ACLU of Southern California 0 0 r e*I SOVTHIR" Ca IRERN W,-NIOR a)SbUtNERM CUIPORRlS:...._.,„�.� STAND FOR JUSTICE 20A -41 1I ASIAN A,'ALRiCANS ADVANCING � jwSTICE ORANGE COUNTY June 6, 2017 RED Support for City of Santa Inclusion in Vera Institute of Justice SAFE Cities Network and Universal Legal Representation for Detained Immigrants To whom this may concern: Asian Americans Advancing Justice -Orange County (AAAJ-OC) is pleased to submit this letter supporting the City of Santa Ana's proposal for one-time matching funds and inclusion in the Vera Institute of Justice's SAFE Cities Network, a program designed to encourage localities to fund universal legal representation for detained immigrants facing deportation, AAAJ-OC's mission is to advocate for civil rights, provide legal services and education, and build coalitions to positively influence and impact Asian Americans, Nmivc Hawaiians, and Pacific Islanders (AANHPI). Immigration related services has been a cornerstone of our organization since its founding in 1983. We continue to be a leading advocate for immigrant right issues at the state level, championing bills that focus on immigrant integration, services, and language rights. AAAJ-OC is housed in Santa Ana, Orange County to strategically serve hard to reach AANHPI communities. With over a half million Asian Americans, Orange County is home to the nation's third-largest Asian American population. In Santa Ana, Asian Americans saw a population growth of 36,324 (14%) from 2000 to 2010. The Asian American population is more immigrant than any other racial group in Orange County. Currently, there is an estimated 250,000 undocumented immigrants in Orange County with 15% from Asia. The AAAJ-OC office has stopped up to meet the needs of the growing AANHPI immigrant community by increasing internal legal capacity. Our organization is currently holding weekly immigration clinics, has held citizenship fairs with partner organizations, has taught Know -Your -Rights presentations, as well as has spoken in forums hosted by community groups and local elected members. Currently, AAAI -OC in partnership with Resilience OC, is working together with Congressmember Alan Lowenthal's office to urge ICE to grant Mr. Ourmukh Singh, a resident of Garden Grove, a stay of removal. There is a critical need in Orange County for an organization that provides legal representation to detained immigrants who cannot afford attorneys. AAAJ-OC, an expert in cultural competence for AANHPI communities, supports die universal representation of a culturally and linguistically diverse population not only in Santa Ana but all of California. Should you have any questions, please feel free to contact Katelyn Ogawa, Policy Coordinator, kouawa@advancincjustico-oc.org. Thank you for your consideration. Yours truly, c If 'Lc� Sylvia Kim Regional Director, AAAJ-OC Building upon the legacy of the Asian Pacific American legal Center 1620 East 4- Street, Santa Ann, CA 92701 T 714.507.2050 mine advancingiustice-oc.org+OC 20A-42 June G, 2017 RE: Support for City of Santa Inclusion in Vera Institute of Justice SAFE Cities Network and Universal Legal Representation for Detained Immigrants Dcor Mayor Pulido and Santa Ana City Council Members. The LGST Center OC is pleased to submit this letter supporting the City of Santa Ana's proposal for one-time matobing funds and inclusion in the Vera Institute of Justice's SAFE Cities Network, a program designed to encourage localities to Rood universal legal representation for detained immigrants facing deportation. The LOST Center OC has been serving the Orange County lesbian, gay, bisexual, transgender, queer/questioning community for almost fifty years. Established in 1971 and incorporated in 1975, the LOST Center OC remains the only comprehensive health and social services organization specifically targeting Orange County's LGSTQ community and provides services to more than 11,000 individuals annually across a broad spectrum of culture, edudeity, age, and economic backgrounds. Out robust programs and services are conducted within the context of unconditional acceptance of sexual orientation, gender identity and expression, and cultural diversity. The LOST Center OC works closely with the local community to advocate for immigrant rights and provides services including outreach and education targeting the LGSTQ immigrant community. Our organization hosts and participates in numerous know -your -rights presentations, citizenship fairs, education and outreach events, and workshops preparing affirmativo applications for immigration relieff. We are an organization that routinely work, with immigrant communities and we can attest to the harm, caused by deportation and detention, particularly for LOST immigrants. Out organization is regularly contacted by residents of Santa Ana who have great concern of being detained or deported, and/or whose family and friends have been detained or deported, We have provided advocacy and support wherever possible but do not have the resources and capacity to serve every single low-income individual who contacts us for assistance. In particular, we have been able to provide supportive services for an often hidden and fearful population. At this time there is a critical need in Orange County for an organization that provides legal representation to detained immigrants who cannot afford attorneys. The LGST Center OC will continue to provide support for Orange County's underserved and hard -to reach immigrant residents through our expected DOJ Recognition & Accreditation in the fall of 2017. With increased resources, the LGDT Center OC will work with the community to support the creation of an OC Justice Fund to provide this much needed representation. Should you have any questions, please feet free to contact Luis Gomez, Immigration Resources Specialist at 714-953-5428. Thank you for your consideration. Yours trul Laura Kanter, M.S.W. Director of Policy, Advocacy and Youth Services The LOST Center OC 20A-43 June 8, 2017 range County LaborFederation, AFL-CIO ,Ial" 309 N. RAMPART STREET, SUITE A • ORANGE, CALIFORNIA 92968 (714)385.1531 • FAX. (714)385.1544 RE; Support for City of Santa Inclusion in Vera Institute of Justice SAFE Cities Network and Universal Legal Representation for Detained Immigrants To Whom It May Concern: I am pleased to submit this letter of support to the City of Santa Ana's proposal for one-time matching funds and inclusion in the Vera Institute of Justice's SAFE Cities Network, a program designed to encourage localities to fund universal legal representation for detained immigrants facing deportation. Thousands of immigrant and mixed -status families are in desperate need of legal representation during immigration proceedings. After this past presidential election, our immigrant and non-immigrant communities have been feeling anxious of what the Trump regime may hold for them. As a result, as director of the Orange County Labor Federation, l have continued my support to help immigrant families prepare and pian to protect themselves from deportation by providing educational materials, and organizing know your rights, power of attorney, and legal clinics. However, despite our efforts, there is a fundamental need to address the lack of pro bono legal representation for low-income immigrant detainees. Absent ad hoc fundraising efforts to pay for legal representation, detained immigrants are deported and families are ripped apart. These unfortunate yet common incidents can be avoided by providing universal legal representation. As a result, I fully support the efforts the City of Santa Ana's proposal for one-time matching funds, and inclusion in the Vera Institute of Justice's Safe Cities Network to facilitate legal representation to hard working immigrant families. I am prepared to support the creation of an OC Justice Fund that will facilitate the creation of nonprofit entity that provides this much-needed legal representation by providing logistical and financial support for this effort. Should you have any questions, feel free to contact me at (714) 385-1534. Thank you for your consideration. Sincerely, 1� R:_ Julio Perez Executive Director 20A-44 ,10 WCW,l6 A!{Cltl REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: APPROPRIATION ADJUSTMENT TO RECOGNIZE AND APPROPRIATE GRANT FUNDS FROM THE NATIONAL RECREATION AND PARK ASSOCIATION TO IMPLEMENT A HEALTHY EATING AND PHYSICAL ACTIVITY PROGRAM {STRATEGIC PLAN NO. 5, 6C} CI MANAGER RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve an appropriation adjustment to recognize $25,000 in grant revenue from the National Recreation and Park Association and appropriate $25,000 into the corresponding expenditure accounts to implement a Healthy Eating and Physical Activity Program. DISCUSSION In 2016, the National Recreation and Park Association (NRPA) received a $2.5 million grant to increase the number of meals served to youths through the Commit to Health Program. The purpose of the program is to: • Increase the number of healthy meals children in low-income communities receive through the Summer Food Service Program (SFSP) and the Child and Adult Care Food Program (CACFP) or the National School Lunch Program (NSLP) at park and recreation sites during out-of-school times. • Provide nutrition literacy to children and families that create behavior change by teaching the importance of healthy eating. • Implement nutrition and physical activity standards that increase access to healthier foods and increase opportunities for physical activity. • Implement meal and program efficiencies that increase community sustainability. The NRPA made this funding available to agencies that can provide services that meet the purpose of the grant. The City of Santa Ana, Parks, Recreation and Community Services Agency (PRCSA) applied to the NRPA for funding by proposing the City's Summer Day Camp program that is offered during the summer break period. The program consists of theme -based activities, health/fitness, excursions, recreation swim, games and sports, which is offered to youths from kindergarten to sixth grade. Also proposed in the application is the City's Afterschool Adventures 20B-1 Appropriation Adjustment to Recognize and Appropriate Grant Funds from the National Recreation and Park Association June 20, 2017 Page 2 program that is a recreation -based program offered during the traditional school year. This program provides services and activities such as homework assistance, arts & crafts, recreational games, chess instruction, and wellness exercises. The City was awarded $25,000 by the NRPA for its proposal. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents), Strategy C (Integrate a variety of health and wellness programs into existing programming at each of the city's community/recreation centers (e.g. Develop equitable health access points)). FUNDING The City has received $20,000 in advance upon providing the funding agency an executed agreement. The final $5,000 will be distributed at the end of the grant period, February 28, 2018, following the completion of all grant activities. FISCAL IMPACT The City has received $20,000 in FY 2016-2017 and the remaining $5,000 is anticipated to be received in FY 2017-2018. Upon receipt, funds will be deposited in the following accounts for the specified years: Accounting Unit FY 16/17 FY17/18 Liability Recreation Grants -Deferred Revenue Advances -(no. 16901001-25000) $20,000 Revenue Recreation Grants-PRCSA Health Grant (NRPA)-(no. 16913002-52040) $5,000 An appropriation adjustment to recognize revenue and appropriations to the respective accounts and fiscal year is shown below. Accounting Unit FY17/18 Revenue Recreation Grants-PRCSA Health Grant (NRPA)-(no. 16913002-52040) $25,000 Expenditure Recreation Grants-PRCSA Health Grant (NRPA)-(no. 16913265 -various) $25,000 20B-2 Appropriation Adjustment to Recognize and Appropriate Grant Funds from the National Recreation and Park Association June 20, 2017 Page 3 4 Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez�A► Executive Director Finance and Management Services Agency r�- REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: CONTRACT AWARD TO VERITIV OPERATING COMPANY FOR REPROGRAPHIC PAPER AND ENVELOPES (SPEC. NO. 17-028) (STRATEGIC PLAN NO. 7,5E) CITY,,MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: UT000TO)WO ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER Award a contract to Veritiv Operating Company for reprographic papers and envelopes for a one-year period expiring June 30 2018, with provision for three one-year renewals exercisable by the City Manager, in an annual amount not to exceed $80,000, subject to non -substantive changes approved by the City Manager and City Attorney. The Finance and Management Services Agency Central Services Division requires copier, laser, and specialty papers to provide copy paper and in-house duplicating services for departments throughout the City. In addition, the Police Department's Central Distribution Center stocks copy paper for the Police Department and Holding Facility. The notice inviting bids was advertised on April 20, 2017, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 27 Vendors were notified 1 Santa Ana vendor was notified 4 Vendors downloaded the bid packet 2 Bids received Two bids were received and opened on May 18, 2017 and evaluated. The results are as follows: Vendor Location Amount Liberty Paper Los Angeles $58,450 Veritiv Operating Co. La Palma $55,383 22A-1 Contract Award for Reprographic Paper & Envelopes June 20, 2017 Page 2 The bid from Veritiv Operating Company is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports efforts to meet Goal #7 — Team Santa Ana, Objective 5, (create a culture of innovation and efficiency within the organization) Strategy E (Identify best practices and opportunities for process improvement and automation across City departments in order to provide effective and efficient delivery of City services to the community). FISCAL IMPACT Funds in the amount of $80,000 are available in FY 2017-18 as follows: • $50,000 Finance & Management Central Services account (07110100-63001) • $30,000 Police Property & Facilities account (01114450-63001) Subsequent funding for three one-year renewal periods in the amount of $80,000 will be budgeted and made available in FY 2018-19, 2019-20 and 2020-21 as follows: • $50,000 Finance & Management Central Services account (07110100-63001) e $30,000 Police Property & Facilities account (01114450-63001) Acting Chief of Police Police Department Me APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez pp �"- Executive Director Finance and Mgmt. Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: CONTRACT AWARD TO CNC TRAILERS, INC. FOR TWO ENCLOSED CARGO TRAILERS (SPEC. NO. 17-036) {STRATEGIC PLAN NO. 1, 2 & 6} CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •I;• ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 � Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one-time purchase and payment of purchase order to CNC Trailers, Inc. for the purchase of two enclosed cargo trailers for Community Emergency Response Team use in an amount not to exceed $60,850 plus a $3,000 contingency amount for a total amount not to exceed $63,850, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The United States Department of Homeland Security, Office of Grants and Training has developed the Urban Areas Security Initiative (UASI) funding program. This initiative was designed to enhance the domestic preparedness of urban areas by ensuring that all emergency first responders have adequate and appropriate equipment and training to prevent, respond to, and recover from acts of terrorism. Santa Ana has been designated as an Urban Area Core City since 2003. As such, for certain grant years, Santa Ana is responsible for purchasing equipment and providing training for the 34 jurisdictions in Orange County. The US Department of Homeland Security has identified Community Preparedness, Participation, and Awareness as a priority for state and local jurisdictions. Community Emergency Response Teams (CERT) address the Anaheim/Santa Ana Urban Area's (ASAUA) "whole community" approach to hazard risk mitigation, response & protection capabilities. To date, there are several jurisdictions within the ASAUA which lack CERT teams and/or the necessary equipment to sustain themselves in the event of a disaster of any sort. This investment will address some of these preparedness gaps by increasing the level of equipped CERT teams. One trailer will be issued for the City of Santa Ana CERT program, and the other for the City of Orange CERT program. The interior of the trailers are designed to allow for personnel to help manage volunteers and resources during an event. CERT teams are not just equipped to aid their community members in disaster relief, but can provide valuable data and information to first responders off -scene via radio or other modes of communication. This enhances efficiency and response during disasters, as well as increases community resiliency. 2213-1 Contract Award for Enclosed Cargo Trailers June 20, 2017 Page 2 The notice inviting bids was advertised on March 15, 2017, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 25 Vendors were notified 5 Vendors downloaded the bid packet 1 Bid received 0 Bid received from a Santa Ana Vendor The bid was opened on April 13, 2017 and evaluated. The bid received from CNC Trailers, Inc., is responsive to the specifications and meets the City's requirements. The amount of $3,000 has been included in the award amount to allow for any unanticipated charges. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Objective #2 (broaden communications, information sharing and community awareness of public safety activities), and Objective #6 (enhance Public Safety integration, communications and community outreach). FISCAL IMPACT Funds are available in the FY 2015 UASI Cal OES Santa Ana fund (12514407-66400- 16423001182-3492). Funding is available in FY 2017-18. The cities of Santa Ana and Anaheim alternate the administration of the UASI grant on behalf of the other cities in the County. This year Santa Ana is serving in this capacity and funds are expended through the City grant account. APPROVED AS TO FUNDS AND ACCOUNTS: Ja es Schnab] Francisco Gutierrez Acting Chief of Police Executive Director Police Department Finance and Management Services Agency DS/OL/sp 228-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: CONTRACTS AWARD FOR AMMUNITION (SPEC. NO. 17-044) (STRATEGIC PLAN NO.1, 5) CITY NANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one-time purchase and payment of purchase order for ammunition for a total aggregate amount not to exceed $98,901, subject to non -substantive changes approved by the City Manager and City Attorney, with the following vendors below: Vendor: Amount: Dooley Enterprises, Inc. $5,891 LC Action Police Supply $69,098 San Diego Police Equipment $23,912 DISCUSSION The Santa Ana Police Department provides ammunition to its sworn officers, primarily for use during training and range qualification testing. Officers are required to re -qualify regularly to maintain proficiency in the use of firearms. Duty ammunition aides in community safety. The annual order for training and duty ammunition is designed to provide quality products at a significant savings based on quantity pricing. The notice inviting bids was advertised on April 27, 2017 and offers were solicited. A summary of the bids and offers received is as follows: 78 Vendors were notified 14 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 4 Bids received Bids were received and opened on May 10, 2017. The bids received from Dooley Enterprises, Inc., LC Action Police Supply and San Diego Police Equipment are all responsive to the specifications and meets the City's requirements. Staff recommends awarding orders to all three vendors for a total contract amount not to exceed $98,901 (Exhibit 1). 22C-1 Contract Award for Ammunition June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal # 1 Community Safety; Objective # 5 (provide high quality Police and Fire/Emergency Medical Services response within the City of Santa Ana). FISCAL IMPACT Funds for FY 2017-18 were requested in the amount of $98,901 in the Police Department Training Services account (01114410-63001) budget. r —-- APPROVED AS TO FUNDS AND ACCOUNTS: XJCILY J mes Schnabl Francisco Gutierrez VJL(��.� Acting Chief of Police Executive Director Police Department Finance and Management Services Agency EG Exhibit: Abstract of Bids 22Ci-2 ABSTRACT OF BIDS CONTRACT AWARD FOR AMMUNITION SPEC 17-044 Vendor Dooley LC Action San Diego Enterprises, Inc. Police Supply Police Equipment Location Anaheim, CA San Jose, CA San Diego, CA Category A — Training Ammo # of Items awarded 1 8 1 Category B — Duty Ammo # of items awarded 3 0 3 Vendor Total $5,891 $69,098 $8,450 Contract Total: $98,901 EXHIBIT 1 22C-3 22C-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: CONTRACT AWARD TO GOLDEN STAR TECHNOLOGY, INC. FOR HEWLETT PACKARD SERVERS, FIBER SWITCHES AND STORAGE (SPEC. NO. 17-058) {STRATEGIC PLAN NO. 6,21 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance.on 1s' Reading ❑ Ordinance on 2 I Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize a one-time purchase and payment of purchase order to Golden Star Technology, Inc. for the purchase of Hewlett Packard servers, fiber switches and storage in the total amount of $154,740, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City Hall Data Center houses 40 physical computer servers and over 250 virtual computer servers. These servers host a number of enterprise and department applications such as the financial management system, payroll system, utility billing system, business tax system, IT service management system, content management system, the City web site, and Email system. A key component of the City Hall computing environment is a specialized shared storage system called a Storage Area Network (SAN). This system utilizes a number of high capacity individual disk drives linked together by specialized software. The system allows the SAN to act as the data storage for the virtual and physical host servers concurrently. The SAN allows flexible allocation of data storage to the connected host servers along with sophisticated protection to prevent data loss. Currently, six servers have reached their end of life and no longer meet the City's operational capacity. In addition, two fiber switches are obsolete and are no longer supported. To meet the ever increasing amount of data and computing requirements, staff recommends the replacement of six servers, two fiber switches and additional data storage capacity to improve the performance of the applications critical to the City's.operational needs. 22D-1 Contract Award for HP Servers & Storage June 20, 2017 Page 2 The notice inviting bids was advertised on May 15, 2017 and offers were solicited. A summary of the bid invitations and bids received is as follows: 245 Vendors were notified 24 Vendors downloaded the bid 0 Bids received from a Santa Ana vendor 2 Bids received Bids were received and opened on May 30, 2017. The bid received from Golden Star Technology, Inc. is responsive to the specifications and meets the City's requirements. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $154,740 are available in FY 2016-17 Council Special Projects — Information Systems Data Center equipment account (no. 05010024-66400). APPROVED AS TO FUNDS AND ACCOUNTS: Jack iulla Francisco Gutierrez 93 Chie echnology Innovations Officer Executive Director Infor ation Technology Department Finance & Management Services Agency 22D-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: CONTRACT AWARD TO ALL AMERICAN MECHANICAL CONTRACTORS, INC. FOR REPLACEMENT OF WATER HEATERS (SPEC. NO. 17-039) {STRATEGIC PLAN NO. 6, 11B} RECOMMENDED ACTION MIII =11:cd;U119I11lei L 111.147,IAii ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject the bid from R. T. Contractor Corp. as nonresponsive. Vendor did not include all required documents in the bid. 2. Authorize a one-time purchase and payment of purchase order to All American Mechanical Contractors, Inc. for replacement of two water heaters at the Salgado Community Center in an amount not to exceed $37,357 plus a 5% contingency of $1,868 for a total amount of $39,225, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency, Facilities Maintenance Section is responsible for the maintenance and repair of various park sites and facilities in the City. At Salgado Center, the two water heaters that provide hot water for the facility, including the pool and gym showers, have been non -operational due to leaks. The Center is used daily for various activities. This project will replace the two heaters with new, more efficient heaters to provide hot water for the Center's patrons. The notice inviting bids was advertised on March 29, 2017, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 17 Vendors were notified 12 Vendors downloaded the bid packet 3 Bids received 0 Bids received from a Santa Ana Vendor 22E-1 Contract Award for Replacement of Water Heaters June 20, 2017 Page 2 Two bids were received and opened on April 26, 2017 and evaluated. The results are as follows: Vendor Location Amount All American Mechanical Contractors, Inc. Brea $37,357 Verne's Plumbing, Inc. Buena Park $41,225 The bid received from All American Mechanical Contractors, Inc. is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, a five percent contingency has been included in the award amount. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users). FISCAL IMPACT Funds in the amount of $39,225 are available in FY 2016-17 Park Improvements account (05113263-62320). Gerardo Mouet Executive Director Parks, Recreation & Community Services Agency FA/ds/sp APPROVED AS TO FUNDS AND ACCOUNT: �cNNT�_4�CaZ1� Francisco Gutierrez (p, Executive Director Finance and Management Services Agency 22E-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AWARD CONTRACT TO LOS ANGELES ENGINEERING, INC., FOR CONSTRUCTION OF BRISTOL STREET IMPROVEMENTS, WATER MAIN AND SEWER MAIN IMPROVEMENTS FROM WASHINGTON TO SEVENTEENTH (PROJECT NOS. 11-6740, 17-6472, & 17-6473) (STRATEGIC PLAN NOS. 6, 113; 1C; 1G) CITY M A ER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1b' Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Award a contract and authorize the City Manager and the Clerk of the Council to execute a construction contract with Los Angeles Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $4,871,476, for the term beginning upon execution of the contract and ending upon project completion, for construction of the Bristol Street Improvements, Water Main, and Sewer Main Improvements projects; subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $6,135,644, which includes the contract bid amount, administration, inspection and testing, and an authorized contingency of $777,190. DISCUSSION Bristol Street is a 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. Two phases have already been completed, and three more phases, including this one, will be constructed to complete the improvements. This phase will improve Bristol Street from Washington Avenue to Seventeenth Street, as shown in Exhibit 1. The 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, water and sewer main improvements, and storm drain improvements to assure adequate drainage. Once completed, 23A-1 Award Contract for Bristol Improvements From Washington to Seventeenth June 20, 2017 Page 2 these improvements will enhance the ride quality, surface drainage, and visual appearance of the Bristol Street corridor. A Notice Inviting Bids was advertised on April 25 and 27, 2017, and bids were opened on May 16, 2017. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 24 Contractors requesting bidding documents 23 Bids received 6 Bids received from Santa Ana contractors 1 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Los Angeles Engineering, Inc. Covina $4,871,476.00 2 The R.J. Noble Co. Santa Ana $4,964,699.10 3 Excel Paving Company Long Beach $5,047,043.30 4 All American Asphalt Corona $5,063,681.00 5 Griffith Company Santa Fe Spring $5,171,420.50 6 Sully -Miller Contracting Co. Brea $5,401,813.25 A total of six bids were received and all bids were deemed responsive. Los Angeles Engineering, Inc., submitted the lowest responsive bid in the amount of $4,871,476 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to Los Angeles Engineering, Inc., in the amount of $4,871,476 (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users); Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). 23A-2 Award Contract for Bristol Improvements From Washington to Seventeenth June 20, 2017 Page 3 ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/ Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 3B, which encompasses the area between Washington Avenue and Seventeenth Street, an Addendum to the FEIS/EIR was prepared and adopted by City Council on June 3, 2014, pursuant to the California Environmental Quality Act. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $6,135,644, which includes construction, contract administration, inspection, testing, surveying, and contingencies. Funds are available for the contract award in the following accounts for expenditure in Fiscal Year 2017-18: Project Number Account Number Account Description Amount 11-6740 03217662-66220 Measure M2 Street Construction $2,616,432 11-6740 05917661-66220 Select Street Construction $2,467,866 17-6472 06617647-66301 Water Utility Capital Projects $906,686 17-6473 05517660-66220 Sewer Connection Projects $144,660 TOTAL $6,135,644 re Mousavipour Executive Director Public Works Agency FM/EWG/TC Exhibits: 1. Location Map/Typical Section 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 23A-3 23A-4 oil we « -- • ^ t • • SANTA AP • •.' Lhw, TYPICAL STREET SECTION M iAM s ! Wtrtalt 94+ Das mie 0�/eat Oe �r.e PanlkS`IO 9+rci}�= Om d.�e 81+1.�=: a cnnwal! 8 8 6 4' Y2 10 1P 14' 1P v 12' 4' 8 8 8 PROPOSED (128') SANTA ANA Ctr1P COUNM 2W AmeA DAm &M20.2017 wale awas atv • •.c1 A", 23A-6 '�Jewakl e1. 12 12 1 B,slare DrlveJane Dr r<an. Lente Wm lane Dr.2 a,a eus�ane EXISTING (100') M iAM s ! Wtrtalt 94+ Das mie 0�/eat Oe �r.e PanlkS`IO 9+rci}�= Om d.�e 81+1.�=: a cnnwal! 8 8 6 4' Y2 10 1P 14' 1P v 12' 4' 8 8 8 PROPOSED (128') SANTA ANA Ctr1P COUNM 2W AmeA DAm &M20.2017 wale awas atv • •.c1 A", 23A-6 MAYOR Miguel A. Pultdo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P, Oavld Benavides VMoonta 5arrniento Jose Solorlo Sal Tinajera Juan Villegas May 4, 2017 ADDENDUM ONE CITY OF SANTA ANA 20 Civic Center Plaza + P.O. Box 1998 Santa Ana, California 92702 VWm aanta-ATIA.0rfl EXHIBIT 2 ACTINO CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia R, Carvalho CLERK OP THE COUNCIL Maria 0. Hutmr SUBJECT: 1111-6740,17-6472,17-6473: BRISTOL ST WIDENING, WATER MAIN, AND SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVE TO 17TH ST The following changeslolarifications have been made to the SPECIFICATIONS of the subject project: 1. BID PROPOSAL.; Pages P-1 to P-7 REPLACE with: Revised BID PROPOSAL; Pages P•1 to P•8 (attached) Description of changes: Reduced Quantity of "8' High Sound Wall (including footing) Added bid items 86a, 96a, 96b and 102 Changed Quantity of bid item 93 from 1 t0 2 Added "ADD Alternate A" to Bid Proposal Revised Working Days Revised Liquidated Damages 2, SECTION 3,02 PROJECT PHASING AND LANE REQUIREMENTS; pg. 46 REPLACE with; Revised SECTION 3,02 PROJECT PHASING AND LANE REQUIREMENTS; pg, 46 (attached) 0- SANTA ANA CITY COUNCIL Miguel A. P.M. Michele Afartinez Vicente Sarmiento ,lose 5010110 P. David Benavides I Juan Vlllepas I Sal Tlnapr^ Mayor Mar Rro Tom, Wald2 Wardf Ward Ward4 Ward5 WarclB MPulidgp�ya-eBg,�g MM�linnztasnnlmm�o,pry VSnn 'antaCdsanla�ann.cra ,L�gl.d w• l PB"nav dnn�uannie�earn oru J�Illa� s s '•enn urn ;ztip�ef.Q(3SAO.t�.:d^...@�f9 23A-7 MAYOR Miguel A. Puildo MAYOR PRO TEM Michele Martinez COUNCILMEM13ERS P. Davld Soravldes Vicente Sarmlento Jose Solorlo Sal TlnaJero Juan vlllegas May 11, 2017 ADDENDUM TWO CITY OF SANTA ANA 20 Civlo Center Plaza o P.O. aox'I W sante Ana, Callfpmla QV02 wvovsantn•ana ora ACTINO CITY MANAGER Cynthia J, Kurtz OITYAITORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar SUBJECT: 11-6740,17-6472,17-6473: BRISTOL ST WIDENING, WATER MAIN, AND SEWER MAW IMPROVEMENTS FROM WASHINGTON AVE TO 17T11 ST The following changos/clarifications have boon made to the SPECIFICATIONS AND CONSTRUCTION PLANS of the subject project: QUESTIONS AND ANSWERS 1. What Is the internal lining for Ductile Iron Pipe $ Fittings? There is no call out for this In the spec. Answer: The Internal lining of the ductile iron pipe it's unknown 2. Can you confirm If you require Restraint Pipe Harness's at Pipe to Pipe Bell end connections? Answer: Yes, all pipe bell end connections tied to a fitting shall be restrained 3. 1 see a call out for Roma Grip Restraints in Spec 7.10 are ALL fitting to be restrained? Also is an equal Manufacturer allowed? Answer: Yes, Roma Grip Restraints shall be used as stated on Section 7,10 of the Standard Specifications. No equal products shall be allowed //'�� SANTA ANA CITY COUNCIL a'"1C% MIBu4I A. pulida MlGhala Mtllllnaz moantas.dwranla dose Solorlo P. eavid eenauldea Juan Alood. Sal Tlnalerd Mayor Mayor Pm Tem. Ward 2 Ward 1 Ward a WaH4 WwYd u word 9 Maul= MNwrlineN(@sanls-and•ofp ,ySy,LfmlOn�,g@pta;,a9a.a[y aAargft teaneodg Q ,yfdQ@(�.ba_nteang_arp ,f/,¶A{115,(Ql.6.A41tF'��9.&.954 SCInF1Pro(�;aplgprJg,Q[g 23A-8 Joseah Havaood From: You, Mike <myou@santa-ana.org> Sent: Friday, May 12, 2017 926 AM Cc: Thomas, Sear; Arias, Jaime Subject: NIB 11-6740, 17-6472, and 17-6473 Bristol Street Improvements, Widening, Sewer Main, and Water Main Improvements from Washington Avenue to 17th Street Good morning, For your consideration, a 6 page Addendum Two for Project Nos. 11-6740, 17-6472, and 17-6473 is available on the City website and via the link below. Please note the Bid Opening date has not changed. PLEASE ACKNOWLEDGE RECEIPT OF ADDENDUM ONE AND E-MAILTO SEAN THOMAS. His e-mail address is sthomasS@santa-a na.org Thank you very much for your cooperation. httn://www.ci,santa-ana ca.us/bids-rfps/documents/Addendum2NIB11-6740 17-6472and17- 6473BristolStreetlmprovements Widening, SewerMainandWaterMai.pdf Thanks! Mike You Design Engineering Intern Serving the City of Santa Ana myoijZsanta-ana,org I 23A-9 Joseph Haygood From: Joseph Haygood Sent: Friday, May 12, 2017 12:40 PM To: 'sthomas5psanta-ana.org' Subject: Acknowledging Addendums 1 and 2 for Bristol Street Improvements Project Sean, Los Angeles Engineering, Inc. is acknowledging both addendums issued for the above project. Please let me know if there is anything else we need to acknowledge in the bid package. Thanks, Joseph Haygood IT Manager Los Angeles Engineering, Inc. 633 N. 6arranca Ave., Covina, CA 91723 626.454.5222 phone 626.454.5226 fax oseabod aeno.net www.laenn.net An Employee -Owned Company Thie email message is for the sole use of the intended real plant (s) and may contaln confidential and privileged Information, Any unauthorized use, clisolosure or dIshibutlon is prohibited. If you received this emall message by error, please notify the sander by reply small and delete the orlginal email. Thank you. 23A-10 CITY OF SANTA ANA ADDENDUM ONE PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17"' STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17" STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET BID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Los Angeles Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location Of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty I Unit Unit Price Amount PROJECT 11-6740 STREET IMPROVEMENTS AND WIDENING 1. Unclassified Excavation 6,540 CY $ $ a "aa�a " 2, Clearing and Grubbing 1 LS $ $ 3. AC Pavement 9„310 TN $ $ 4. Cold Mill (P') 16,200 SF $ $ V�U c7v S. Cold Mill (Y) 51,700 SF $ $ 6. Asphalt Rubber Hot Mix (ARHM 2,100 TN $ $ 7. PCC Sidewalk IV) 24,400 SF $ $ 8. PCC Driveway Approach (Commercial = 8") 1,500 SF $ $ jipD'D 9. PCC Curb Ramp 1.,400 SF $ $ 10. PCC Curb and Gutter (Type A-2-8) 1,900 LF $ $ W i 3)laoo 11. PCC Curb and Gutter (Type B-1) 3,600 LP $ $ P-1 of P-22 23A-11 CITY OF SANTA ANA ADDENDUM ONE PROPOSAL PROJECT NO. 11-6740: BRISTOL S'T'REET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17"" STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAID IMPROVEMENTS FROM WASHINGTON AVENUE TO 17"r STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET Item Description Qty Unit Unit Price Amount 12. Cross -Gutter (Arterial Street) 2,000 SF $ $ l,;?, / z 13. Concrete Bus Pad 2,400 SF $ $ 14. PCC Protected Bike Lane (6") 1,800 LF $ 31 $ 0 ow 15. Decorative PCC Plaza 1,700 SF $ $ �2-7aoo 16. PCC Bile Lane at Driveways (8") 3,100 SF $ $ sX 17. Adjust Manhole Frame and Cover to Finished 12 EA S $ Grade !oma' 2i 18. Furnish and Install New Water Valve Frame 12 EA $ $ ,aid Cover q0b- 14goo 19. Adjust Sewer and Drainage Manhole to 23 EA $ $ Finished Grade'�.,.- 20. Landscaping l LS $ $ 7b0 qC1 � TPOGC� 21. ILrigation 1 LS $ $ -0334)m 23.3 660 22. I -Year Landscaping Maintenance Period 1 LS $ $ 23. Construction Signs 4 EA $ $ _, 24. Three 4" conduit on west side of Bristol 1,500 LF $ , $ 25. Stamped Concrete at Median Island 100 SF $ $ /00- /vppp.. 26. Trench, Shoring and Plating 1 LS $ $ 27. 12" Reinforced Concrete Pipe (2500-D) per 6 LF $ $ City Standard Plan I150J l TCO' 28. 18" Reinforced Concrete Pipe (2500-D) per 249 LF $ $ City Standard Plan 1150- li17� 29. 30" Reinforced Concrete Pipe (2500-D) per 862 LF $ $ City Standard Plan 1150 og,�q J - <;i 3 ei,5 0 30, Reinforced Concrete Collar (D=12") per City 1 EA $ $ Standard Plan 320 "' 4j' — P-2 of P-22 23A-12 CITY OF SANTA. ANA ADDENDUM ONE PROPOSAL PROJECT NO. '11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17TI{ STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17 T11 STREET Item Description Qty Unit Unit Price Amount 31. Reinforced Concrete Collar (13=18") per City 3 EA $ $ Standard Plan 320 6-6p - 32. Reinforced Concrete Collar (D=30") per City 4 EA $ $ Standard Plan 320 G ora " ,�4OD 33. Junction Chamber Type 'A' (D=30") per City 2 EA $ $ Standard Plan 306 -7owo J4bc)O 34, Modified Junction Chamber Type `D' 1 EA $ $ (D1=18", D2=30", B1=32=18", C1=C2=3') per City Standard Plans 308A and 308B 35. Pipe -to -RCB Junction Structure (B=30", 1 EA $ $ C=3') per SPPWC Standard Plan 333-2 'OL'C7 -- 36. Pipe -to -Pipe Tratlsition Stnacture (D1=18", 1 EA $ $ 172=24", L-3') per SPPWC Standard Plan 4,voc) 6,00c) 340-2 37. Catch Basin Type 'B' (W=7') including Local 1 EA $ $ Depression per City Standard Plans 302. and / t76t,7G /0000— 305 3& Catch Basin Type 'B' (W=14') including 3 EA $ $ Local Depression per City Standard Plans 302 �I� v and 305 /0&,, 39. 8' High Sound Wall (including footing) 640 LF $ $ 40. Prestressed Concrete Light Pole Assembly 23 EA $ $ and Laminahe Per CSA STD. Plan 1126H I"7 �iiJv 400 HPS, 207 LED 41. Street Lighting Conduit 3,000 LF $ $ go- &� 42, Wire (8 Gauge) 3,000 LP $ $ 27 oW 43. Traffic Signal Modification at Bristol St & 1 LS $ $ Washington Ave 1 Lf0z.6#, - I v Ca ✓ 44. Traffic Signal Modification at Bristol St & 1 LS $ $ 17th St P � 060 -' fi'i -) C)50 45. Video Detection System at Bristol St & I LS $ $ Washington Ave qJ(:L-�.,- q 4 3 ooe-,- 46. Video Detection System at Bristol St & 17th 1 LS $ St q.vJ'G'tit7� 47. OTT Opticom EVP System at Bristol St & I LS $ $ Washington Ave iloff�(a� 48. Install 2" PVC Conduit Per Plan " 130 LF $ $ P-3 of P-22 23A-13 CITY OF SANTA ANA ADDENDUM ONE PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17TH STREET PROJECT NO. 17.6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17"' STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET Itmn Description Qty Unit Unit Price Amount 49, Install 3" PVC Conduit Per Plan * 1,000 LF $ $ �{J ✓ !� �CaZ>C7�J r 50. Install 4" PVC Conduit Per Plan* 2,630 LF $ $ c CI 50 & 51. Install No. 6 Pall Box * 16 EA $ $ 52. Install 6E Pull Box* 8 EA $ $ 53. Install SCE Pull box _ 3 EA $ $ 55 64. Install Traffic Signal Loop Detector (Type E 9 EA $ $ Loop) 7U q,5 55. 24 Strand SMFO Cable 2,300 LF $ $ 56. 48 Strand SMFO Cable 200 LF $ $ .,15'0 600' 57. Fusion Splice I Strand SMFO 144 EA $,/� $ r 58. -Fiber Optie Splice Closure I EA $ $ .^� r 7o -o I -7b� r 59. IP Communication System at Bristol St& I LS S $ Washington Ave /,,V ' /C;2.W0 60. IP Communication System at Bristol St &. 1. LS $ 17th St v2 61. Pothole Traffic Signal Pole Location for 7 EA $ Utility Conflicts '7t>U� 62. Temporary Overhead Wiring at Bristol St & I LS $ S.7 Washington Ave �NXO .,- C7L� 63. Temporary Overhead Wiring at Bristol St & 1 LS $ $ 17th St -7 5&z.> 7 50V 64, Install White Lane Line per City of SA Std. 7740 $ Plan No. 1.12513-1, Detail "1". .357 „-- ,,,2 "70 � 65. Install White Turn Lane Line per City of S.A 2500 $ Std. Plan No. 112513-1, Detail 2".66. Install Lane prop Line per City of S.A. Sid. �SS0 4F$ Plan No.1125B-1,Detail"T". 5(7 �-75 67. Install Double Yellow per City of S.A Std l00 $PlanNo. 112513-1, Detail "4". / (/ (j P-4 of P-22 23A-14 CITY OF SANTA ANA ADDENDUM ONE PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17TH STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET PROJECT NO, 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET Item Description Qty Unit Unit Price Amount 68. Install 4" Yellow Left Edge Line per Caltrans 2660 LF $$ Std. Plan A20B, Detail "24". D' Z.55 "T '- 69. Install 4" White Right Edge Line per Caltrans 1300 LF $ $ Std. Plan A20B, Detail "271311. 065 -715 � 70. Install 6" White Lines or Chevron at 45 400 LF $ $ degrees at spaced per plan. l , (,Cj Q 71. Install Lane Line Extension per City of S.A 500 LF $ $ Std. Plan No. 11258.2, Detail "8". o' 72. Install 6" Bike Line per Caltrans Std. Plan 2330 LF $ $ A20B, Detail "39", 5,75 1-747,50 73. Install 6' Bike Line per Caltrans Std. Plan 800 LF $ $ A20B, Detail "39A". (7„,7f( 74. Install 12” White Thermoplastic Strop Bar 50 LF $ $ 75. Install 12" White Thermoplastic Crosswalk 1553 LF $ $ 76. Install or Refresh Thermoplastic Street 40 EA $ $ Legends, Arrows 77. Install Bike Lane Legend Complete per 6 EA $ $ Detail "A". (White Thermo Legend on Green•— 7 MMA) 78. Install Green Merging Area per Detail "R". 1500 SF $ $ (Green MMA) l "' 15 rjbo ^" 79, Install Median Nose Treatment Per Detail per 4 EA $ $ Detail 'B" or "C" zi `U?t7 -' 16"3o, 80. Remove Conflicting Striping or Legend by 480 SF $ $ Grinding. 41— 15do 81. Install New Pole and Sign per per City of S.A 17 EA $ $ Std. Plan No. 1504. 34,5 ( '� 82. Install New Sign. 21 EA $ $ iso 83. Install New R5 -IB and R9-3CP Signs Back- 6 EA $ $ to -Back on Existing Pole. '3!�" 84. SWPPP (Risk Level 2) 1 LS S $ 00UD I J'bUOIa' P-5 of P-22 23A-15 CITY OF SANTA ANA ADDENDUM ONE PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUETO 17TH STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO I7H STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17tH STREET Item Description Qty Unit I Unit Price Amount PROJECT 17-6472 WATER MAIN IMPROVEYIENTS 85. 12" AWWA C900 (DR14) LF 1735 $ $ P.V.C. Water Main 2$0. q 86. Construct. i" Water Service per City Std. Plan EA 3 $ $ 1401 %qty f .c.c;`I 00 r 86a Temporary Water Service EA 3 $ $ 87. 6" Fine Line Connection Including 6" RWGV EA I $ $ 88. 8" Fire Line Connection Including 8" RWGV EA I $ $ 14700 %'q'700- 89. New Fire Hydrant Assembly, ,Including Gate EA 5 $ $ '7 i,. 000 Valve and Lateral Pipe ogw - 90. 12" Resilient Wedge Gate Valve EA 8 $ $ 91. CCTV Inspection of Existing Sewer Main (to. LF 1500 $ $ be left in place) Adjacent to New Water Main 92. CCTV Inspection of Existing Sewer Laterals EA. 10 $ $ (to be left in place) Adjacent 50 �- to Water Main 93. Vertical Offset* EA 2 $ $ 94. Remove Existing Water Main* LF 1000 $ irk $ $ ac> 95.. Combination Air Valves* EA 3 $ $ (As Needed) ,� �M y (:0 of 0o 96. Imported Backfill Material* CY 200 $ $ (As Needed) 301 -' -7Sc)O'"- 96a. Potholing(As Needed) * EA 40 $ $ 1¢n5" i(>aGv" 96b. Additional Trenching Costs to Install Water LF 200 $ $ Pipeline I8"30" Deeper (Total 54" to 66" + .,. I QL) cover)(As-Needed)* PROJECT 17-6473 SEWER MAIN IMPROVEMENTS 97. Construct 8" PVC Sewer Main LF 452 $ $ 98. Construct 48" Concrete Manhole EA 3 $ $ C) aou 99. Bypass Pumping Existing Sewer Flow LS 1 $ $ 90W 7 CiU P-6 of P-22 23A-16 In CITY OF SANTA. ANA ADDENDUM ONE PROPOSAL PROJECT N0. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17T"STREET PROJECT NO, 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17 T11 STREET Item Description Qty Unit Unit Price Amount 100, CCTV Inspection of New Sewer Main LF 452 $ $ $ 2. Modular Wetland System (MWS L•4.8 -C)* 3 EA $ 101. imported Backfill Material* CY 200 $ $ (AsNeeded) 39 - 7TC�t7- 102. Abandon Existing Sewer Lateral* EA 18 $ $ �©�y I050D TOTAL BASE BID $ Item Description Qty Unit Unit Price Amount ADD ALTERNATE A 1. Bus Shelter Installation*LL 2. _ EA $ $ 2. Modular Wetland System (MWS L•4.8 -C)* 3 EA $ $ TOTAL ADD ALTERNATE A BID $ c�'3 `7 000 ' P-7 of P-22 23A-17 CITY OF MANTA ANA ADDENDUM ONE PROPOSAL PROJECTNO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17T"STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENT'S FROM WASHINGTON AVENUE TO 17TH STREET PROJECT NO. 17-61473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17Tu STREET TOTAL BASE BID $ 4S 7 4-11b TOTAL ADD ALTERNATE A BID $ 1 C)OO The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only, This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used; and the Agency reserves the right to increase or decrease the quantity of this item accordingly. 'i This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within 190 working days (not including the one-year landscape maintenance period) after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,500 per calendar day. Name of Firm Signature of BIDDER Title Aaron O'Brien, Secretary (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Los Angeles Engineering, Inc. - Corporation Angus O'Brien - President Aaron O'Brien - Secretary Beth Ballard CFO P-8 of P-22 23A-18 CITY OF SANTA ANA PROPOSAL PROJECTNO. 1.1-6740; BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 177t"' STREET PROJECT NO, 17-64.72: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17r" STREET PROJECT NO. 17.6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17rt-t STREE`l' BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER, or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the esthnated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that initial compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028,15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Narne of Firm Los Angeles Engineering, Inc. Signature of BIDDER Title Aaron O'Brien, Secretary (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co -Partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Los Angeles Engineering, Inc. - Corporation Angus O'Brien - President Aaron O'Brien - Secretary Beth Ballard - CFO P-8 of P-21 23A-19 CITY OF SANTA ANA PROPOSAL PROJECT NO 11-6740: BRISTOL STREET IMPROVEMENT'S AND WIDENING FROM WASHINGTON AVENUE TO 17" STREET PROJECTN'0. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO I7"' STREET PROJECT NO. 17-6473: BRISTOL ST'REE'T SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17 T11 STREET CQNTRACTOR' LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Narne: Los Angeles Engineering, Inc. Business Address: 633 N. Barranca Ave, Covina, CA 91723 Business E -Mail Address: aaronQlaeng.net Telephone: 626-454-5222 State Contractor's License No. and Class: License Expiration Date: 0 313 1/20 1 8 State Dept. of hadustrial Relations (DIR) Registration No.: State Dept, of Industrial Relations (DIR) Registration Expon Date: Signed: Title: Aaron O'Brien Secretary 591176-A,B,C10,C27,HAZ 1000002848 06/30/2017 P-9 of P-2.1 23A-20 CITY OF SANTA. ANA PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17 T14 STREET PROJECT NO, 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17 I'll STREET PROJECT NO, 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET PREVAILING WAGE COMPLINCF,, AND MONITORIIVG_STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, or seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diene wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and, at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Pirra Los Angeles Signature of BIDDER Title Aaron O'Brien, Secretary (if an individual, so state) no. P-10 of P-21 23A-21 CITY OF SANTA ANA PROPOSAL, PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17Tf1 STREET PROJECT NA 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHING'T'ON AVENUE TO 17Th STREET PROJECT NO, 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET OWNERSHIP AFFIDAVIT STATE Or CALIFORNIA, COUNTY OF ORANGE ) SS; CITY OP SANTA ANA ) Aaron O'Brien � , being duly sworn, deposes and says; Ej INDIVIDUAL That Pte/she is dra party making the foregoing proposah El PARTNIMli That he/she is a member of the co•partnerslrip firm designated as: and who has been and is duly vested with the authorlry ko make and cascara instmm�ents for the co -para ership by: who constitute the other mcrobers of the co -partnership. CORPORATION That he is of: Los Angeles Engineering, Inc. a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That lie is of: one of the parties making the foregoing proposal as a joint. vonture, and the he/she htta been and is duty vested with the authority, to execute instruments for an on behalf of the parties making said bid wlro are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the propose contract, for himself or any other person. Signature of Bidder Aaron O'Brien, Secretary Subscribed and sword to before me this _— day of 20 ,, See Attached Notary Acknowledgement Signature of officer Administering Oath (Notary Public) Rll of P-21 23A-22 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 05/16/2017 before me, Joseph Haygood, Notary Public (insert name and title of the officer) personally appeared Aaron O'Brien who proved to me on the basis of satisfactory evidence to be the person(s)`"whose names/are' subscribed to the within instrument and acknowledged to me that he/Al-re-/tbie5 executed the same in his/h�thh authorized capacity(I and that by his/Hail thdr signature(s' on the instrument the person or the entity upon behalf of which the person(<acted, executed the instrument. I certify tinder PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 23A-23 Ify.%01 1 11101 CITY OF SANTA ANA PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17n{ STREET PROJECT NO, 17-6472: BRISTOL STREET WATER MAN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17rHSTREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET BID BOND KNOW ALL PRESENT that, Los Angeles Engineering, Inc. , as BIDDER, and. h bettyy utual Insuran cmm�any as SURETY, are held and fit-mly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of_ _ Ten Percent of Amount Bid Dollars ($_ Lo ), which is ten percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sum, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seal this 12th day of May 12017, BIDDER* Los Angeles Engineering, Inc, 633 N Barranca Avenue, Covina, CA 91723\626-454-5222 Liberty Mutual. Insurance Company SURETY* 790 The City Drive South, Orange, CA92868/714-634-3311 Subscribed Signature: •ia Pena, Attorney -in -Pact swain to before me this day of 120— SEE ATTACHED ACKNOWLEDGMENT Notary Public in and for the County of , State of Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-12 of P-21 23A-24 a t, A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles On 05/16/2017 before me, Joseph Haygood, Notary Public (insert name and title of the officer) personally appeared Aaron O'Brien who proved to me on the basis of satisfactory evidence to be the subscribed o the within instrument and acknowledged to me that his/h0'r/t it authorized capacity(# ), and that by his/heAWp r sigi person ) or the entity upon behalf of which the persogg) acted, whose he/OiVt executed the same in ature on the instrument the executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 23A-25 f CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1188 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, accuracy2r validity of that document. State of California ) ss County of Los Angeles j MAY I? Z01 On before me, Natalie K. Trofimoff, Notary Public, personally appeared Maria Pena who proved to me on the basis of satisfactory evidence to be the person{)whose name44 is/are subscribed to the within instrument and acknowledged to me that ke/she4l4ey executed the same in ki,;/herA.",e. authorized capacity4e4, and that by h4s�her#he4F signature4s on the instrument the person4s), or the entity upon behalf of which the person4s 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. I NATALIE K. "OFIMOFF NOTARY PUBLIC' CALIFORNIA LOSANGELfSCgUNTY ice.... ;.: 'x COMh4S5tON k 2127869 '� MY COMM. EXPIRES OCT, 22, 2019 F (Seal) Signature:i �� 5 Natalie K. Trofimoff, Notary Pu I c 23A-26 N � r sp U a O N d� a 08 O d a C 12 a t. M d Ca O C E „[ R TNISPOVVER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, end they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7542251 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company ra"evivWNS I.. 4 1._. KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that. Liberty Mutual Insurance Company is a. corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana therein collectively called the,'Companies"j, pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Arena; Tim M. Tomko all of the city of Los Angeles state of -CA - each individually if there be mora than one named, its true and lawful attorney-in-fact to make, execute; seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed any and all undertakings, bonds, recognizances and other surety obligations, In pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this loth day of November ,- 2016 SKY 1NSp y1Ni114 en lNsup�n The Ohlo Casualty Insurance Company o ,g,g o $ Tviz 9g1 ° Liberty Mutual Insurance Company West erican Insurance Company O� mN'H M%IPAxD g}/Sin H,r+�F� YF iy /' STATE OF PENNSYLVANIA ss David M. Carey; Assistant Secretary COUNTY OF MONTGOMERY On this 10th dayof November 2016 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first abovewritten. gaiAlhority COMMtlNWEALTHOF PENNSYLVANIANotareallo, 5aalTd ase. Pa9tslla Notary Public By;Upper Merlon Twp., Montgomery County Teresa Postpile, Notary Public My Commission Expires March 2%2017 Memi er Pe nsylvania Asaocial',gn or Netades This Power of Attorney Is made and executed y of the following 8y -laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS -Section 12, Power of Attomey.Any officer or other official of the Corporation authorized forthat purpose In writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shallappoint such attorneys -In -fact,. as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and collect as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -In -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed, such Instruments shall be. as binding as if signed by the President and attested to by the Secretary, Any power or authority granted to any representative or attorney -In -fact under the provisions of this article may be revoked at time by the Board, the Chairman,. the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts -SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind The Company by their signature andexecutionof any such Instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as if signed by the president and arrested by, the secretary. Certificate of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M Carey, Assistant Secretary to appoint such attorneys-im fact as may be necessary to act on behalf of the Company to. make execute, seal acknowledge and deliver as surety any and all undertakings,. bonds, recognizances and other surety obligations. Authorization— By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, Wherever appearing upon a cerbfi'ed 'copy of any power of attorney Issued by the Company In connection with surety bonds shall be valid and binding upon the Company with the same force and effect as though manually affixed — I, Renee C. Llewellyn, the undersigned Assistant Secretary, The Ohio -Casualty Insurance Company, Liberty -Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Cc is is In full force and effect and has not been revoked "Al 1 i, IN TESTIMONY WHEREOF, I have hereunto salary hand and affixed the seals of said Companies this dayof ,,,, , 20 By: (000 �Renee oCt.' °L,wew assisantlSecretary LMS 12673_902018 23A-27 417 of 500 CITY OF SANTA ANA PROPOSAL, PROJECT NO. t 1-6740: BRISTOL. STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17th STREET PROJECT NO. t7-6472: BRISTOL STREET WATERMAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 171 11 STREET PROJECT NO, 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE "fO 17 1H STREET LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subeontraot work exceeding the following amount: o Streets, highways including bridge projects: '/% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: Y % of die bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Nurse 6,VYt9 ?J t4J,tet-1 Name License #/Exp. t�- 13-117 513(1a. License #/E \ DI DTR Reg. #/Exp. l bbvt2? 16;11 GA(3o l DIRK : x . /e6010ci 7 4 (3t>� 1 Location AUX, (-o,,ae Gk\ Loatio Phone G gyp ti{53 Ph o / Type Of Work�tanmc • �rrureya� Type Of Work Amount $ i`% Amount $ (1� Name t.-'1fuw, s-i7lr' Y (/Y(ii rn� 4 Name fit License ft/Exp. _ C;- 6 lCf dot 3 CO2 i #/Exp, DIRK : x . /e6010ci 7 4 (3t>� 1 DSR Reg. #/Exp. Licens # 60 `1 b� License # Location Ivxd _ Looati t Phone I G� 3: -'—?T Phan 9 Type Of Work ("tAAOO e L ra Type ork Amount S (�I 1i f Amount $ Name 0✓an (70�ron 11i d Name License #/Exp. ' igtJ „r 3j 1'j License DIR Reg. #/Exp. %aC ( O 6,11oll7 DIR Rel License # -o4 5 License Location Oirs , G=et- Locatior Phone!�jjj 11{5550 Phone Type Of Werk &a 4) Type Of Amount$ LI-) r W Amount Signature of Bidder Aaron O'Brien, Secretary P-13 of P-21 23A-28 M CITY OF SANTA ANA PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17711 STREET PROJECT NO. 17.6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17Th STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17Ni STREET LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %x% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: ''/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the frons listed below: Name License #/Exp. DIR Reg, 4/Exp. Location Phone Type Of Work i - Amount $ Nance License #/Exp, DIR Reg. #/Exp. License # Location Phone Type Of V Amount $ Name License #/Exp. DIR Reg, 4/Exp. License # Location Phone _ Type Of Work Amount $ _ P Signature of Bidder Aaron O'Brien, Secretary Name License #/Exp. DIR Reg, P./Exp. Location Phone _ Type Of Work Amount $ Name License #/Exp, DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp, DIR Reg. #/Exp. License # Location. Phone Type Of Work Amount $ P- 13 of P-21 23A-29 CITY Or SANTA ANA PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17 T11 STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17 T11 STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17 � H STREET LIST OF SUB -CONTRACTORS Section 4100 et, seq. of the Public Contract Cade requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: %a% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State DepaLtmaut of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name Name License #/Exp. _ License #/Exp. DIR Reg, 4/Exp. DIR Reg. #/Exp. Location Location Phone Phone Type Of Work Type Of Work Amount $ Amount $ NameName License #/Exp. _ License#/Exp. DIR Reg.#/Exp. DIR Reg.#/Exp. License # License ft LocationLocation Phone Phone Type Of Work Type Of Work Amount $ Amount $ License #/Exp. DIR Reg. #/Exp. License # _ Location Phone Type Of Work Amount $ 4> Signature of Bidder Aaron O'Brien, Secretary Name _ License #/Exp, DIR Reg.#/.Exp. License # Location Phone Type Of Amount $ P-13 of P-21 23A-30 CITY OF SANTA ANA PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17 T11 STREET PROJECT NO, 17-6472: BRISTOL STREET WATER MAN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17 r STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17tH STREET LIST OF SUB -CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: V2% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: /z% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the farms listed below: Name Name, License #/Exp. License#/Exp. DIR Reg.#/Exp. DIR Reg.#/Exp. Location. Phone Type Of Work Amount $ Name License #/Exp, DIR Reg. #/Exp. License # Location Phone Type Of ti Amount $ Name License #/_Exp7 DIR Reg. 4/Exp. License Location Plione Type Of Work Amount $ P Signature of Bidder Aaron O'Brien, Secretary Location Phone Type Of G Amount $ Name License #/Exp. NR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work. Amount $ P-13 of P-21 23A-31 CITY OF SANTA ANA PROPOSAL, PROJECT NO, 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17TH STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET PROJECT NO, 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 1711H STREET LIST OF SUB -CONTRACTORS Section 4100 et, seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: A% of the bid or $10,000, whichever is greater o Buildings, parks, or other projects; /2% of the bid Section 17255 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR), BIDDER proposes to subcontract certain portions of the work to the Timis listed below: Nance License #/Exp. DIR Reg. #/Exp Location. Phone _ Type Of Work Amount $ Name License #/Exp, DIR. Reg. #/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount S 6 Signature of Bidder Aaron O'Brien, Secretary Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Name _ License #/Exp. w DIR Reg.#/Exp. _ License # Location Phone Type Of Work Amount $ P-13 oCP-21 23A-32 CITY OF SANTA ANA PROPOSAL PROJECT NO, 11.6740; BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17"" STREET PROJECT NO. 17.6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17 T11 STREET PROJECT NO. 17-6473; BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 177" STREET REFERENCES The following are the names, addresses, and telephone numbers for TFIREE public agencies for which the BIDDER has performed similar work within the past three years. City of Temple City - 9701 Las Tunas Drive, Temple City, CA 91780 - Rosemead Blvd Beautification Name and Address of Owner. All Cayir - 714.883-8677 Name and Telephone Number of person familiar with project. 15,773,914.50 Street Beautification Project September 2014 Contract Amount Type of Work Date Completed 2 City of Westlake Village - 31200 Oak Crest Dr, Westlake Village, CA - Lindero Canyon Road Bridge Widening Name and Address of owner. John Knipe Name and Telephone Number of person familiar with project. 5,798,090.00 Widening Road over Freeway January 2015 Contract Anlotnit Type of Work Date Completed 3, City of Dana Point- 33282 Golden Lantern, Dana Point, CA 92629 - PCH / Del Prada Streetscape Name and Address of owner. — Matt Sinacori - Name and Tell 6,472,946.80 Contract Amount tarnitiar with Street Beautification Type of Work June 2015 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and, bonds. Liberty Mutual Insurance Company - 790 The City Drive, Orange, CA 92868 - 714.634.3311 (Surety) Allied Insurance Services - 333 S. Hope St, Ste 3750, Los Angeles, CA 90071 - 213-443-2476 (Broker) P-14 of P-21 23A-33 CITY OF SANTA ANA PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17rrt STREET PROJECT NO. I7-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AV'EN'UE TO 17rn STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17"" STREET ADDPfTC7NAL R�FEI2ENCES The following are the names, addresses, and telephone nurttbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. City of Buena Park - 6650 Beach Blvd, Buena Park, CA 90622 - Beach Blvd Streetscape Improvements Projects W& "B" Name and Address of Owner. Leah rormanes - 714-562-3750 Name and Telephone Number of person familiar with project 1,188,166.00 Beautify and Renovate On/Off Ramps July 2016 Contract Amount Type of Work Date Completed 2, City of Los Angeles - 200 N. Spring St., Los Angeles, CA 90012 - Temescal Canyon Park Stormwater BMP Nan7e and Address of owner. Hector Arias - 310-872.8396 Name and Telephone Number of person familiar with project. 7,019,800.00_ Storm draiNBMP/CIPStorage Tank/Park _ November2014 Contract Amount Type of Work Date Completed 3. City of Carlsbad - 1635 Faraday Ave, Carlsbad, CA 92008 - EI Camino Real Widening Name and Address of owner. Dave Carlin - 858-705-0755 Name and Telephone Number of person familiar with project. 8,930,590.00 Street Widening June 2016 Contract Amount _ Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom. BIDDER intends to procure instwance and bonds. Liberty Mutual Insurance Company - 790 The City Drive, Orange, CA 92868 714-634-$311 (Surety) Alliant Insurance Servlces - 333 S. Hope St, Ste 3750, Los Angeles, CA 90071 213-443-2476 (Broker) P-15 of P-21 23A-34 CITY OF SANTA ANA PROPOSAL PROJECC'NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17Tri STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17"' STREET PROJECT NO, 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contact Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other .BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contact of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham. bid. Note: The above Noncollusion Affidavit is part of the Proposal. BIDDERS are cautioned that malting a false certification may subject the certifier to criminal pposeQutioli. Signed _.._. _.._ Aaron 0 Brien, Secretary State of California County of Subscribed and sworn to (or affinned) 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 See Attached Notary Acknowledgement Notary Public Signature Notary Public Seal P-16 of P-21 23A-35 FTITULTOMMINERME A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Los Angeles before efore me, 05/16/2017 Joseph Haygood, Notary Public �_ (insert name and title of the officer) personally appeared _Aaron O'Brien who proved to me on the basis of satisfactory evidence to be the personf whose names ljTd ^ subsc��r,,Ci.bed o the within instrument d acknowledged to ne that he/ (th�executed the same in his/dh�r/t tir authorized caparity(i�), and that by his/her/torr sfgnatureWon the instrument the persons , or the entity upon behalf of which the person Kacted, 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. officialWITNESS my hand and NO �a Myc 23A-36 CITY OF SANTA ANA PROPOSAL PROJECT NO. 11-6740; BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17Ttr STREET PROTECT NO. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17"' STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17 T11 STREET NON-DISCRIMINATION UMU AIL The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows; 1. The Contractor shall not discriminate against any employee or applicant for employment because of rare, color, religion, sex, or national origin. The Contractor shall tape affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, The Contractor agrees to post in conspiouous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause, 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor anion or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for ernployment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5, The Contractor shall. furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will pen -nit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of .investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Goverrinent 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 involved 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, P-17 of P-21 23A-37 CITY OF SANTA ANA PROPOSAL PROJECT NO. 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING ]FROM WASHINGTON AVENUE TO 17"" STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS .FROM WASHINGTON AVENUE TO 171t{ STREET PROJECT NO. 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17" STREET 7. The Contractor shall include the portion of the sentence irtunediawly preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. S. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination sball be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital stairs, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the, Chapter. Signed: Title: Aaron O'Brien Secretary Firm: Los Angeles Engineering, Inc. Date: 05/1612017 P-18 of P-21 23A-38 CITY OF SANTA ANA PROPOSAL PROJECT N0, 11-6740: BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17 T11 STREET PROJECT N0, 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET PROJECT NO, 17-6473: BRISTOL STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET STATEMFNTRFGARDNG APPRENTICESHIP REQUIREMENTS The undersigned BIDDER. is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 worldng days shall: 1. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeyraan stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same ntatmer as the other contractors, except contractors not signatory to the hast agreement shall pay alike amoPpt to the California Apprenticesl-dp Council, Signed: �'IICI�� Title: Aaron O'Sden, Secretary Firm: Los Angeles Engineering, Inc. Date: 05116/2017 P-19 of P-21 23A-39 CITY OF SANTA ANA PROPOSAL PROJECT N0, 11-674.0; BRISTOL STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17"" STREET PROJECT NO. 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17Tn STREET PROJECT NO, 17-6473; BRISTOL STREETSEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO I7'" STREET STATEMENT REGARTJING "ANTI -„KICKBACK” REOUIRE[yIENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed .in the construction or repair of public work, to give up any part of the compensation to which he/she is e erwise entitled. Signed: Title; Aaron O'Brien, Secretary Firm: Las Angeles Engineering, Inc Date: 05/16/2017 P-20 of P-21 23A-40 CITY OF SAN'T'A ANA PROPOSAL PROTECT NO, 11-6740; BRISTOL, STREET IMPROVEMENTS AND WIDENING FROM WASHINGTON AVENUE TO 17 TI STREET PROJECT NO, 17-6472: BRISTOL STREET WATER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET PROJECT NO. 17-6473: BRISTOL, STREET SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17T STREET PUBLIC E In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire; Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, over been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the fallowing space P-21 of P-291 23A-41 MINUTES OF SPECIAL MEETING OF THE BOARD OF DIRECTORS OF LOS ANGELES ENGINEERING, INC. A California Corporation The Directors of LOS ANGELES ENGINEERING, INC., A California Corporation, held the special Meeting of the Board of Directors at 633 N. Barranca, Covina, California, on December 28, 2012 at the hour of 2:00 p.m. for the purpose of passing on any business which might be brought before the meeting. There were present at said meeting the following Directors, constituting a quorum of the full Board: ANGUS O'BRIEN AND AARON O'BRIEN ANGUS O'BRIEN acted as Chairman of the meeting and ANGUS O'BRIEN acted as Secretary of the meeting. RESOLVED - Aaron O'Brien as Chief Estimator and Secretary is authorized and directed to sign all bid documents and contracts concerning the corporation business and thereby bind the corporation to the contract and is authorized to do all things necessary and properly to carry out negotiations and execution of contracts with a public agency. RESOLVED - The following persons are confirmed as the duly elected officers, serving in their said capacity until their successors are elected and qualified: Angus O'Brien President Aaron O'Brien Secretary Angus O'Brien Chief Financial Officer Aaron O'Brien Chief Estimator There being no further business to come before the meeting and upon motion duly made, seconded and unanimously carried, the meeting was adjourned. AARON O'BRIEN,Secretary ATTEST: This Corporate Resolution is' force. Signed this � I day of, 2017 ANGUS O'BRIEN, Chairman and � President Aaron O'Brien, Secretary 23A-42 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NOS. 11-6740, 17-6472, & 17-6473 BRISTOL STREET WIDENING, WATER MAIN, AND SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET This CONSTRUCTION CONTRACT is made and entered into this 20"' day of June, 2017 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 Los Angeles Engineering, Inc. (hereinafter "CONTRACTOR"). The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 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 Bristol Street Widening, Water Main, and Sewer Main Improvements from Washingtom Avenue to 17th Street 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 • 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 Four Million Eight Hundred Seventy -One Thousand Four Hundred Seventy -Six Dollars and No Cents ($4,871,476.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 12/20/2016 23A-43 Page 1 of 3 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 constriction 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. 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. 7. 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. 8. 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. H 23A-44 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D, HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: JQTJN M. FUNIC Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA J. KURTZ Acting City Manager CONTRACTOR: Los Angeles Engineering, Inc, ANGUS O'BRIEN President 23A-45 Page 3 of 3 COST ANALYSIS CONSTRUCTION OF THE PROJECT NO. 11-6740,17-6472, & 17-6473: BRISTOL STREET STREET WIDENING, WATER MAIN, AND SEWER MAIN IMPROVEMENTS FROM WASHINGTON AVENUE TO 17TH STREET Construction Contract $ 4,871,476.00 Contract Administration $ 240,000.00 Inspection and Testing $ 246,978.00 Contingencies $ 777,190.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 6,135,644.00 EXHIBIT 4 23A-46 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AWARD CONTRACT TO PAVEMENT COATINGS CO. FOR CONSTRUCTION OF LOCAL STREET SLURRY SEAL FY 2016-2017 (PROJECT NO. 17-6882) (STRATEGIC PLAN NOS. 6, 1B; 1C; 1G) CITY NAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"' Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a construction contract and authorize the City Manager and Clerk of the Council to execute a contract with Pavement Coatings Co., the lowest responsible bidder, in accordance with the base bid in the amount of $862,862, for the term beginning upon execution of the contract and ending upon project completion, for the construction of Local Street Slurry Seal FY 2016-2017 project, subject to nonsubstantive changes approved by the City Manager and the City Attorney. 2. Approve the Project Cost Analysis for a total estimated construction delivery cost of $962,862, which includes the contract bid amount, administration, inspection, testing, and an authorized contingency of $50,000. Amend the Fiscal Year 2014-15 Capital Improvement Program and approve the reallocation of $412,862 in Measure M2 Local Fairshare funds from Project No. 15-6839 to Project 17- 6882. DISCUSSION The City's Pavement Management Program has been developed to identify the preventive maintenance requirements for the City's street network. The recommended local street segments (Exhibit 1) have been identified as high priorities for slurry seal. The recommended work consists of preparing the roadway by performing minor pavement repairs, including localized replacement of asphalt concrete pavement, followed by slurry seal resurfacing, striping, and signage. Once completed, these improvements will enhance the ride quality, surface drainage, appearance of the neighborhood, and extend the life of the pavement. A Notice Inviting Bids was advertised on May 2 and 9, 2017, and bids were opened May 23, 2017. The following is a summary of the bid invitations made and the bids received: 2313-1 Award Construction Contract for Local Street Slurry Seal FY 2016-2017 June 20, 2017 Page 2 Contractor Participation Data Santa Ana contractors receiving notices 9 Contractors requesting bidding documents 9 Bids received 2 Bids received from Santa Ana contractors 0 Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 Pavement Coatings Co. Mira Loma, CA $862,862 2 All American Asphalt Corona, CA $873,177 Two bids were received and both were considered responsive. Pavement Coatings Co. submitted the lowest responsive bid in the amount of $862,862 (Exhibit 2) and is comparable to the Engineer's Estimate of $800,000. Based on a bid analysis, the contractor's past performance, and a reference check, staff recommends award of this contract to Pavement Coatings Co. (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe, and aesthetically pleasing for all users); Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard); and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. 2017-43 was filed for this project. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of this project is $962,862, which includes construction, contract administration, inspection, testing, and a contingency of $50,000. Upon approval of the requested amendment to the FY 2014-15 Capital 23B-2 Award Construction Contract for Local Street Slurry Seal FY 2016-2017 June 20, 2017 Page 3 Improvement Program, $412,862 will be available in the Measure M2 Street Construction Fund (Account No. 03217662-66220, Project No. 17-6882) for expenditure. The remaining funds in the amount of $550,000 are budgeted and available in the Measure M2 Street Construction Fund (Account No. 03217662-66220, Project No. 17-6882). All funds are to be expended in Fiscal Year 2017-2018. Freq Mou a ipo r Exe utive Director Public Works Agency FM/EWG/TC/MO Exhibits: 1. Location Map 2. Bid 3. Construction Contract 4. Cost Analysis APPROVED AS TO FUNDS & ACCOUNTS: C�\nMn% A r .) '�N - 1Ad � y Francisco Gutierrez Executive Director Finance & Management Services Agency 23B-3 23B-4 SANTA ANA Me. PWA' ACrrY c O DATE CONTRACT AWARD FOR �, .a A AT LOCAL STREET SLURRY SEAL 2016-17 C . S .aK. (PROJECT NO: 176882) — s y.i£.�•.. w6snal •v ^ ••• iR ZZ l Liltti }� 'WARD 3 — _— lit FT Doi i \ -i • -. -� i S E 9 f 1 I i i e - ! a IF �- _ tr _ Li. °-. t!.L1-! t, tu'lI Iii --il4A ...r:. I At i 1 s of ARD 6 Riverview West (N.ft 5.n.al Schools ® Parks EXHIBIT 1 IaCLI EU I!1 SLURRY PROJECT 0 260 520 Fal S,_ e � T - Ii illii 11 C - - 'u 1 l 1 U1ila tl i._. -u. 14 _.: FIIJ I11 }fL _._iJ •.J 1'a�_iJ i. i,�ho L u_LtJ t I Lt;a' i t e 1 . 1, f �- 11 1 _,.L -.}J I i i_! :.I I 1 �l I At i 1 s of ARD 6 Riverview West (N.ft 5.n.al Schools ® Parks EXHIBIT 1 IaCLI EU I!1 SLURRY PROJECT 0 260 520 Fal � T - :. - •. III 4 Y l i 'u 1 l 1 U1ila tl i._. -u. 14 _.: FIIJ I11 -._� _._iJ •.J 1'a�_iJ i. i,�ho l� ulfi 1 �l :IIT I! III 10 I lit :: It ll llE I At i 1 s of ARD 6 Riverview West (N.ft 5.n.al Schools ® Parks EXHIBIT 1 IaCLI EU I!1 SLURRY PROJECT 0 260 520 Fal ARD 3 JA _ _-c.... r r r wR n1WO�-3. IJ � � rirtr ji �JS. vn� GS�es� vt�:l.t�t�l.j� s:l .- Riverview West (SouN Sectlnn) Schools = Parks EXHIBIT 1 23B-7 INCLUDED IN SLURRY PROJECT 0 350 ]M Fttl r(�IrOT�[ p w t�'�1,' i ccTDPSx v �, 7al G y�rq i'I�l1 M 1 - MrFeLJ� p WARD 6 1c-- II SI I.L I9, ji �JS. vn� GS�es� vt�:l.t�t�l.j� s:l .- Riverview West (SouN Sectlnn) Schools = Parks EXHIBIT 1 23B-7 INCLUDED IN SLURRY PROJECT 0 350 ]M Fttl CITY OF SANTA ANA EXHIBIT 2 PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 RID PROPOSAL. TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: Pavement Coatings Co, REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit prices) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount I Unclassified Excavation 6o CY $ $ 385,00 23,100.00 2 Cold Mill (2") 53,000 SF $ $ .26 13,780.00 3 AC Pavement 780 TN $ $ 83.60 65,208 4 Rubberized Emulsion Aggregate Slurry 1,050 TN $ $ (REAS), Type 1I 644.50 676,725.00 5 Adjust Manhole Frame & Cover to 4 EA $ $ FinisbedGrade 1,650.00 6,600.00 6 Furnish and Install New Water Valve 4 EA $ $ Frame & Cover to Finished Grade 1,100,00 4,400.00 7 Temporary Constntction Sign 6 EA $ $ 366.00 2,196.00 B Crack Sealing _ 1 LS $ $ 42,900.00 42,900.00 9 Protection of Surface Utility Frames & 1 LS $ $ Covers 4,200.00 4,200.00 10 Signing and Striping 1 LS $ $ 23,753.00 23,753.00 P-1 of P-16 23B-8 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 TOTAL BASE BID The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, by October 31, 2017, or within thirty (30) )ygrking days after the commencement date stated in the Notice to Proceed, whichever occurs earlier. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $3,800 per calendar day. Name of Firm Pavement Coatings Co. Signature of BIDDER Title President (I£ an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation; state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) P-2 of P-16 23B-9 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish. AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the fiords, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and correct. Name of Firm, avem n urngs Co. Signature of"BIDDER Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) Tom Mucenski, Secretary Nathan Beyler, Treasurer P-3 of P-16 23B-10 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: Pavement Coatings Co. Business Address: 10240 San Sevaine Way, Jurupa Valley, Ca 91752 Business E -Mail Address: dford@pavementcoatings.com Telephone: 714-826-3011 State Contractor's License No. and Class: 303609, A & C32 License Expiration Date: State Dept. of Industrial Relations (DIR) Registration No,: 1000003382 State Dept. of Industrial Relations (DIR)6/30/18 6/30f 1 Registration Expira at Signed: Title: President P-4 of P-16 23B-11 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and bold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm Pavement_QAetings Co. Signature of BIDDER Title President _ (if an individual, so state) P-5 of P-16 23B-12 CITE' OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAs. STREET SLURRY SEAL 2016-17 OWNERSHIP AFFIDAVIT STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS: CITY OF SANTA ANA ) D.ua F.,d , being duly sworn, deposes and says: ❑ INDIVIDUAL That helshe is the party making the foregoing proposal: ❑ PARTNERSHIP That he/she is a member ofthe co -partnership firm designated as: and who has been and is duly vested with the authority to snake and execute instruments for the co -partnership by: who constitute the other members of the co -partnership. XCORPORATION That he is of: Pavement cedogs ca. -- a corporation which is making the foregoing proposal: ❑ JOINT VENTURE That he is of one of the parties making the foregoing proposal as a joint venture, and the he/she has been and is duly vested with the authority to execute instruments for an on behalf of the patties making said bid who are: that such a bid is genuine and not collusive or sham, and has not in any manner sought by collusion to secure any advantage against the City of Santa Ana or any person interested in the propos ontr ct, for himself or any other person. Signature of Bider Subscribed and sworn to before me this day of 20 Signature of officer Administering Oath (Notary Public) P-6 of P-16 23B-13 a• „r a :.i iF A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of T)l\1R Irm ou, ) On a (r before me, Sh Lne, A -f iY) ' r n . Nc?+A ro , !Jae , Here Insert Name and Title qtkhe Officer personally appeared Name(of who proved to me on the basis of satisfactory evidence to be the person whose name() Is/ate subscribed to the within instrument and acknowledged to me that he/stieft� executed the same in his/hdritheJr authorized capacity(ig�, and that by his/hor/tht(eir signature(O on the instrument the person, or the entity upon behalf of which the person((acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. nWITNESS n +sraoNa Notary public- California z ;:w e' �. e. Rrvafside Coeety Commission # 2169350Signature M Comm. Expires Oct 24, 2020+ and official seal. Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document, Description of Attached Document Title or "type of Document: i7 'i&Q -1Document Date: Number of Pages: _ Signer(s) Other Th n Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _ 0 Corporate Officer — Title(s): Partner— Limited � General I Individual I:J Attorney in Fact Ci Trustee C Guardian or Conservator Ct Other: Signer Is Representing: Signer's Name: Corporate Officer -- Title(s): i -t Partner -• C7 Limited P General L:i Individual 0 Attorney in Fact C Trustee Cl Guardian or Conservator C'. Other: Signer Is Representing: 02014 National Notary Association - www.Nationa[Notary.org - 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23B-14 KNOW ALL PRESENT that, Pavement Coatings Company as BIDDER, and The Chin C:asnalty Insurance cDmp ryas SURETY, are held and firmly bound unto the CITY OF SANTA ANA, as AGENCY, in the penal sum of _ .Ten Percent of Amount Bid Dollars ($_L00/6 of Amount Bid ), which is tort percent (10%) of the total amount bid by BIDDER to AGENCY for the above -stated project, for the payment of which sutra, BIDDER and SURETY agree to be bound, jointly and severally, firmly by these presents. THE CONDITIONS OF THIS OBLIGATION ARE SUCH that, whereas BIDDER is about to submit a bid to AGENCY for the above -stated project, if said bid is rejected, or if said bid is accepted and a contract is awarded and entered into by BIDDER in the manner and time specified, then this obligation shall be null and void, otherwise it shall remain in full force and effect in favor of AGENCY. IN WITNESS WHEREOF the parties hereto have set their names, titles, hands, and seat this 19 day of May , 20J 7 . BIDDER* Pavement Coatings_,(lexnpany 10240 San Sevaine Way, Jurupa Valley, CA 91752 951-682-1091 SURETY* The Ohio �&aU nsur fic Company 625 Maple Avenue Keene NH 03431 800-763-9268 gy; , ff f 1800 East Lambert Rd., Suite 225, Brea, CA 92821 714-257-9644 Richard L. Wells (Attbfliey-In-Fact) Subscribed and sworn to before the .20 Signature; Notary Public in and for the County of , State of this day of * Provide BIDDER/ SURETY name, address, and telephone number and the name, title, address, and telephone number of authorized representative. P-7 of P-16 23B-15 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney Ilmits rho acts of those named herein, and they have tic authority to Wild the Company except in the manner and to the extent herein stated. Cedtficate No. 7666886 Liberty Mutual Insurance Company m The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company Is a -corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company Is a corporation duly organized under the latus of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein colleotively called the ,`Companles ), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Frank Moroney Lynn A. Slone; Richard L Wells all of the city of BREA , slate of CA each individually if there be more than one named, Its true and Itav l attorney-tilfecCto make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as Its actand deed, any -and all undertakings, bonds, recognlzances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies In their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has dean subscribed by air authorized off fear or official of the Companies and the col poste seals of the Companies have been affixed thereto this lath dayof March 2017 LSv v$; tuuvt owes - ,,V"�, The Ohio Casualty Insurance Company Liberty Mutual Insurance Company o U a '1472 a 7901 West P,mericanInsurance Company STATE OF PENNSYLVANIA as - OawdM Carey, Assistant Secretary +_ COUNTY OF MONTGOMERY _ pT Ort Utis 13th day of March, 2017 ,before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance U to Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes >. p 7 -therein contained: by Signing on behalf or the corporations by himself as a duly authorized officer. oY �. IN WITNESS WHEREOF, have fiereuntasrihacribed my name and affixed my notarial seal at King of Prussia, Pennsylvania on the day and yearflrst sieve written 0 'ey p PRSY OOMMONWEALTN OF PENNSYLVANIA f /1�0- o �,. ew .._ y i LC.Cn�R/ 'II 24 sax ear �� ' NOVIql seal .Jhh @,N h u i %' 1 Ta Ova Posalla Natty Public By. ..,._ U 0 fV °F r upon bt pea Twp Montgo very Cornly Teresa Pastella,Notary Public y a My (,omndss cn Expir s M�,¢h 2a 2021 9 an5'YIVb C 9F9F1y P1�� Marius Pf,msylv,6o AllGehnr ut Miaros 0 D. C as This Power of Attorney Is made and executed pursuant to and by authority of the following By-laws and Authorizations ofThe Ohio Casualty Insurance Company, Liberty Mutant _� 01 Insurance. Company, and West American Insurance Company which resolutions ate now in full force and effort reading as follows: w so do ARTICLEIV- OFFICERS -Section 12 Power ofAttorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or- the President, aodsubject O > Y. to such limitation as the Chairman or the President may prescribe, shall appoint such raorneys hi -fang as may be necessary to act inbehalf or me Corporation to make, execute, seat, O,S acknowledgeand deliver as surety any and all undertakings, bonds recognizaneis and other surety obligations, Such aflorneys-tn-fact, subject to the imitations set forth intheir respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seat of the Corporation. When so rp as executed such instruments. shell be as binding as If signed by the President and attested to by the Secretary. Anypower or authority granted to any representative or attorney-m-factunder > ,2 the provisions of this article maybe revoked at any tine by the Board, the Chairman, the President or by the officer or officers granting such power or authority. .� U ARTICLEXIII -Execution of Contracts - SECTION 5. Surety Bonds and. Undertakings. Any officerof the Company authorized for that purpose in writing by the chairman or the president, > w and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -m feet, as may be facassary'to actin behalf of the Company to make, execute, b seal, acknowledge. and deliver as surety any and all undertakings bonds, recognizences and other surety obligations. Stich attorneys in -fact subject to the limitations set forth in their Z 47 respectivepowers of attorney, shall have full power to Bund the Company by their signature and execution of any such instruments and to attach thereto the sea of the. Company. When so 0 executed such Instruments shall be as binding as if signed by the president and attested by the secretary. 0 Certificate of Designation—The President of the Company, acting pursuant to the Bylaws of Company, authorizes GaAs M, Carey Assistant Secretaryto appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to _make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognlzences and other surety obligations. " Authorization By unanimous consent of the Company's Board of Directors,. the Company consents that facsimile or mechanically reproduced sigrodure of anyassistant secretary of the Company, wherever appearing upon a certified copy of any power of attpmey Issued by the Company In connection wild surety bonds, shall be valid and binding upon. the Company with the same force and effect as though manually at➢zed. - - I, Renee C. Llewellyn, the undersigned Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby sanity that the original power of attorney of which the foregoing is a full, has and correct copy of the Power of Attorney, executed by said Companies, is in full force and affect and .has not been revoked, IN TESTIMONY WILL EREOF I have Laotian to set my hand and affixed the seals of said Companies this 19 day of May 20 17 �(Y IMSp0E., BYICRet1 zee of sob 114312873 022017 23B-1 6 CALIFORNIA ALL -Dot RPOSS A0KNOWLEDGMENT CIVIL CODE § 1189 FAnotarNy public or otherofficer complexing this certificate vanillas only the identity of the individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Orange ) ,on May 19, 2017 before me, Lynn A. Slone, Notary Public Date Here insert Name and Title of the Offloer personally appeared Richard L. Wells Namo(s) of Signer(s) who proved to ma on the basis of satisfactory evidence to be the perscn(� whose narnew is/are subscribed to the within instrument and acknowledged to me tl iat heAW4bay executed the name in his/herlthoir authorized capaolty(ias), and that byhIs/heft*rsIgnature(!4on the instrumentthe person(, or the entity upon behalf of which the parson(N acted, executed the instrument, LYNN A. $LONE t Orange County Commission ja MOO ;(DM;COMM, Ex ires Deo 10, 2019 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 sea]. Signature—,Z/ 9 &'��igclnattJ6 6fary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can dater alteration of the document of Fraudulent reattachment of this form to an unintended document Description all Attach4ad Document Title or Type of Document: — Number of Ii — Signer(s) Document Date: Other Than Named Above: Caleacity(les) Claimed by Signer(s) Signer's Name: Cl Corporate Officer — Title(s): El Partner ... I Limited EI General 1-1 Individual El Attorney in Fact .3 Trustee El Guardian or Conservator I'") Other: Signer Is Representing: Signer's Name! E.) Corporate Officer — I itle(s): 1'.1 Partner — ("I Limited El General El Individual G Attorney in Fact El Trustee D Guardian or Conservator M Other: Signer Is Representing; 020,14 National Notary Association - www.NationalNotai,y.org - 1 -800 -US NOTARY (1-800-876-6827) Item#6907 23B-17 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verities 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 gailfornia ) County of )W,(Sid_ !.. �the On _ �� l before m�t Here Insert Name and Ti fficer personally appeared of Signel who proved to me on the basis of satisfactory evidence to be the person(s/whose name(§) is/ane subscribed to the within Instrument and acknowledged to me that he/stip/tf by executed the same in his/hqr/th4r authorized capacity(lq), and that by his/Inpr/their signatureO on the instrumentthe person{, or the entity upon behalf of which the person(�f 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. waa�n WITNESS ., SUNSHINE ARMSTR0N6 Notary Politic - California Riverside County Commission # 2169350Signature My Comm. Expires Oct 24, 2020) hand and official seal. Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Do meat Title or Type of Document: I 1 Document Date: �y 5 �"f • jj I� Number of Pages: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: -I Corporate Officer — Title(s): 0 Partner — 1-1 Limited ❑ General [.1 Individual ❑ Attorney in Fact D Trustee [a Guardian or Conservator C7 Other: Signer Is Representing: Signer's Name: t5 Corporate Officer — Title(s): 1 Partner — 111 Limited tI General CI individual D Attorney in Fact D Trustee tJ Guardian or Conservator I__ Other: Signer Is Representing: ©2014 National Notary Association ^ www.Nationa[Notary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23B-18 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: o Streets, highways including bridge projects: '/M of the bid or $10,000, whichever is greater o Buildings, parks, or other projects: '/2% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name I.l�trr$eG4 f Iwt(° . Name _ g, S _ 6 ° License Exv 9l= F-4, Q. 12141 i q License #/Exp. DIR Reg. #/Exp, 1 e62 rap � I DIR Reg: #/Exp.. I Location Location Phone "11t4 -t JASt Phone Itq - cnt4 g tic)0 Type Of Work ` —1 a to Type Of Work VtA - `Z Amount $ u7 �oo6 . tSt � Amount $ CO Name License #/Exp. DIR Reg.#/Exp. License # Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ Signature of Bidder Name License #/Exp. DTR Reg, #/Exp, License # Location Phone Type Of Work Amount $ Name License#/Exp. DIR Reg. #/Exp. _N License # Location Phone Type Of Work Amount $ P-8 of P-16 23B-19 M CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. City of Buena Park 6650 Beach Blvd.. Buena Park, CA 90822 (2014.15 Slurry Seal. Project 4558 Bid No.. 2014-11) Name and Address of Owner. Wood Nousome, wnousome@buenapark.com, (714) 562-3678 Name and Telephone Number of person familiar with project. $541,920.00 Install Type I REAS 4/2/2015 Contract Amount Type of Work Date Completed 2, City of Santa Monlcal Sully -Miller Contracting Co. 1685 Main St., Santa Monlca 90404 ( Annual Paving & Sldev alk Repair Project) Name and Address of owner. Hany Yanni Demitrim, RE, Hanny.Demitri@SMGOV. NET (310)458-2201 ext 5385 Name and Telephone Number of person familiar with project. $493,220.00 Install Type II REAS 4/21/2015 Contract Amount Type of Work Date Completed 3. San Diego Gas & Electric/ A.&M. Ortega Construction, Inc. 8326 Century Park Ct., San Diego, CA 92123 Name and Address of owner. Junior, (619) 820-8017 Name and Telephone Number of person familiar with project. $158,494.00 Install Type II REAS Contract Amount Type of Work 4/2/2014 Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. The Ohio Casualtv Insurance Co. 790 The City Drive South, Suite 200 CA. 92868 714-634-3311 P-9 of P-16 23B-20 Adamson & McGoldrick 1800 E. Lambert Rd. Suite 225 Brea, CA 92821 714-257-9644 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for TIIRER public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1. City of Cathedral Name and A& 68700 Avenida Lalo Guerrero, Cathedral City, CA 92234 ( East Palm Dr. Slurr, 770-0349 Name and Telephone Number of person familiar with project. $165,400.00 Type II REAS 11/17/2015 Contract Amount Type of Work Date Completed 2. City of Culver Name and J J. ChristoO 9700 Culver Blvd. Culver City CA 90232 of owner. 101253-5621 Name and Telephone Number of person familiar with project. $376,668.00 REAS Application 8/3/2012 Contract Amount Type of Work Date Completed City of Palm Desert 73510 Fred Waring Drive, Palm Desert, CA. 92250 (2014 Slurry Seal Project No. 75114, Contract 033230 Name and Address of owner. Ryan Gayler, 760-776-6450, rgayler@citypalmdesert.org Name and Telephone Number of person familiar with project. $1,608,780.00 PRMS Slurry Seal -Type II 8/28/2014 Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. The Ohio Casualty Insurance Co. Adamson & McGoldrick 790 The City Drive South, Suite 200 1800 E. Lambert Rd. Suite 225 Orange, CA. 92868 Brea, CA 92821 714-634-3311 714-257-9644 P-10 ofP-16 23B-21 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any other BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. BIDDERS are cautioned that making a false certification may subject the certifier to criminal Signed State of California County of Riverside 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 P-11 ofP-16 23B-22 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County 0ibl i up rR I cL ) j j On t 1 before me, a itI I v Data Mere Insert Name and Title of � Officer personally appeared Name of Signer who proved to me on the basis of satisfactory evidence to be the person,O whose name) is(aA subscribed to the within instrument and acknowledged to me that he/sOlti)ey executed the same in his/hlr/thbir authorized capacity(iV and that by his/hir/tolr signature(Von the instrument the persorLK, or the entity upon behalf of which the person(9acted, 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. Ah SUNSHINE ApMSTgoile WITNESS an hand and official seal. Notary Public • California Riverside County Commission $1 2169350 Signature M COMM. Ex ire$ 0e 24.2620 9'igharttfe of Notary Public Place Notary Seal Above OPTff7NAA. Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 0,(I US1 Qj Document Date: `Z Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): J Partner — ❑ Limited EI General CJ Individual D Attorney in Fact EI Trustee ❑ Guardian or Conservator fl ntharr, Signer Is Representing: Signer's Name: C Corporate Officer — Title(s): C] Partner — ❑ Limited ❑ General 0Individual r Attorney in Fact ❑ Trustee C:; Guardian or Conservator EJ Other: Signer Is Representing: 02014 National Notary Association • www,NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5907 23B-23 CITY OF SANTA ANA PROPOSAL PROJECT NO,: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4, The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall famish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders, 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said riles, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. P-12 of P-16 23B-24 CITY QR SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 7. The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made, in the employment of persons upon public works because of race, 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 contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Cha Signed: Title: President Firm: Pavement Coatings Co. Date: 5/22/17 P-13 of P-16 23B-25 CITE' OF SANTA EBNA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: I. Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amour California Apprenticeship Council. Signed: Title: President Pavement 1r Coatings Date: 5/22/17 P-14 of P-16 23B-26 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 STATEMENT RECrAR]]INCi "ANTI-KICLCBACK" REOUSREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otbe ' e e 'tied. Signed:, Title: President Firth: Pavement Coatings Co. Date: 5/22/17 P-15 of P-16 23B-27 CITY OF SANTA ANA PROPOSAL PROJECT NO.: 17-6882 LOCAL STREET SLURRY SEAL 2016-17 PUBLIC CONTRACT CODE SECTION 10162 OUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire; Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No X If the answer is yes, explain the circumstances in the following space. P-16 of P-16 23B-28 PAVEMENT COATINGS CO. 10240 San Sevaine Way Mira Loma, CA 91752 Contractor's License #303609 City of Santa Ana Public Works Agency. Receptionist Third Floor, located in City Hall TTO Ross Annex, 2.0 Civic Center Pla2a,11-22, Santa Ana,CA 92701 Bid Proposal: Project No, 17-6882, Local Street Slurry Seal 2016-2017 Bids: Tuesday the 23rd day of May,2017 2:00 PM 23B-29 CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NO. 17-6882 LOCAL STREET SLURRY SEAL 2016-17 This CONSTRUCTION CONTRACT is made and entered into this 20th day of June, 2017 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 Pavement Coatings Co. (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 Local Street Slurry Seal 2016-17 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 • 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 Hundred Sixty -Two Thousand Eight Hundred Sixty -Two Dollars ($862,862.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 12i20i2ot6 238-30 Page I of 3 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. 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 famished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. 7. 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. 8. 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. H 238-31 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: _ t JObW FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA CYNTHIA KURTZ Interim City Manager CONTRACTOR: Pavement Coatings Co. DOUGFORD President 23B-32 Page 3 of 3 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 17-6882: LOCAL STREET SLURRY SEAL 2016-17 Construction Contract $ 862,862.00 Contract Administration $ 16,700.00 Inspection and Testing $ 33,300.00 Contingencies $ 50,000.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 962,862.00 EXHIBIT 4 23B-33 23B-34 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AMENDMENT TO AGREEMENTS FOR FEDERAL AND STATE GOVERNMENT LIAISON SERVICES {STRATEGIC PLAN NOS. 1-7} if4TERIM CIT9 MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r327-091TAE ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Holland and Knight of Washington, D.C. for federal government liaison services, extending the term of the agreement to a month-to-month basis, beginning July 1, 2017, for a period of up to 12 months for a total amount not to exceed $117,600, exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. 2. Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Townsend Public Affairs, Inc. for state government liaison services, extending the term of the agreement to a month-to-month basis, beginning July 1, 2017, for a period of up to 12 months, for a total amount not to exceed $60,000, exercisable by the City Manager, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Local government agencies rely upon the expertise of state and federal government consultants to represent their respective government agencies in Sacramento and Washington DC. This service includes legislative monitoring and analysis, state budget advocacy, and grant coordination and advocacy. Government consultants further provide monitoring of executive proposals and legislation as well as administrative rules and regulations that may affect cities. Government liaison services are also essential in identifying funding opportunities, grant applications and other special programs for which the City may qualify. Holland & Knight serves as the federal representative, and Townsend Public Affairs serves as the City's state representative, both consultants have been in good standing with the City. The government liaison services contracts with Holland & Knight and Townsend Public Affiars will expire on June 30, 2017, staff recommends continuing services with both consultants on a month-to-month 25A-1 Amendment to Agreements for Federal and State Government Liaison Services June 20, 2017 Page 2 basis up to 12 months (Exhibits 1 and 2). A procurement for federal and state government liaison services will be released by the fall of 2017. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet all seven goals and objectives of the strategic plan which include: Community Safety; Youth, Education, Recreation; Economic Development; City Financial Stability; Community Health, Livability, Engagement and Sustainability; Community Facilities and Infrastructure; and Team Santa Ana. FISCAL IMPACT Funds are anticipated to be available in the following accounts for FY 17/18: Department Account Holland & Knight Townsend Public Affairs Public Works Administrative Services 10117601 - 62300 $ 39,200 $20,000 Office of the Chief of Police Contract Services - Professional 01114400 - 62300 $ 39,200 $20,000 General Fund Legislative Affairs 01104012 - 62300 $ 39,200 $20,000 TOTAL $117,600 $60,000 James Schnabl Acting Chief of Police Santa Ana Police Department Executive Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: � (\CO.A-k\1:s,�, ;1 � . Francisco Gutierrez Executive Director 4 Finance & Management Services Agency EXHIBITS: 1. Holland & Knight Proposed Fourth Amendment 2. Townsend Public Affairs Proposed Third Amendment 25A-2 FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH HOLLAND & HIVIGHT LLP TIIIS FOURTH AMENDMENT to the above -referenced agreement is entered into on . 2017 by and between Holland & Knight LLP, with its principal place of business at 800 17th Street N.W., Washington, D.C. 20006 ("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 parties entered into Agreement #A-2014-193, effective July 1, 2014 ("Agreement"), by which Consultant agreed to provide federal legislative advocacy and liaison services to City. B. The term of the Agreement was for an initial period of one year, from July 1, 2014 through July 1, 2015, with two one-year options exercisable by the City, C. The parties executed a First Amendment No. A-2014-193-01 to exercise the first option and extend the term of the Agreement for an additional one-year period, from July 1, 2015 through June 30, 2016. D. On May 9, 2016, the parties executed a Second Amendment No. A-2016-081 by which the annual compensation payable to Consultant was increased from $100,800 (or $8,400 monthly) to $117,600 (or $9,800 monthly). E. The parties executed a Third Amendment No. A-2014-193-02 to exercise the second option and extend the term of the Agreement for an additional one-year period, from .fuly 1, 2016 through June 30, 2017. F. The parties now wish to amend the Agreement to further adjust the term of the Agreement effective July 1, 2017, The Parties therefore agree: 1. Section 3.1.2., Term, is amended to extend the term of the Agreement on a month-to-month basis beginning July 1, 2017, for a period of up to twelve months. 2. Except as modified by this Fourth Amendment, and all prior Amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Fourth Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager -- signatures continue on next page -- Page 1 of 2 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: JO�UNK As ant City Attorney RECOMMENDED FOR APPROVAL Mark Lawrence Assistant to the City Manager Page 2 of 2 EXHIBIT 1 25A-4 CONSULTANT ]HOLLAND & KNIGHT LLP Name: Title: THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITII TOWNSEND PUBLIC AFFAIRS INC. THIS THIRD AMENDMENT to the above -referenced agreement is entered into on 2017, by and between Townsend Public Affairs, Inc. ("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 parties entered into Agreement #A-2014-192, effective July 1, 2014 ("Agreement"), by which Consultant agreed to provide state legislative advocacy and liaison services to City. B. The term of the Agreement was for an initial period of one year, from July 1, 2014 through July 1, 2015, with two one-year options exercisable by the City. C. The parties executed a First Amendment No. A-2014-192-01 to exercise the first option and extend the term of the Agreement for an additional one-year period, from July 1, 2015 through June 30, 2016. D. The parties executed a Second Amendment No. A-2014-192-02 to exercise the second option and extend the tern of the Agreement for an additional one-year period, from July 1, 2016 through June 30, 2017. E. The parties now wish to amend the Agreement to further adjust the term of the Agreement effective July 1, 2017. The Parties therefore agree; 1, Section 3, Term, is amended to extend the tern of the Agreement on a month-to-month basis beginning July 1, 2017, for a period of up to twelve months. 2. Except as modified by this Third Amendment, and all prior Amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Cleric of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: 014 - A JOHFUNK Asst nt City Attorney CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager CONSULTANT Townsend Public Affairs, Inc. Name: Title: Signatures continue on next page -- Page 1 of 2 EXHIBIT 2 25A-5 R, COMMENDED FOR APPROVAL Mark Lawrence Assistant to the City Manager Page 2 of 2 EXHIBIT 2 25A-6 O REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AGREEMENT WITH CESAR VARGAS AND ASSOCIATES FOR TRANSLATION SERVICES {STRATEGIC PLAN NO. 5, 1} h c CITY MIANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Cesar Vargas and Associates for a three-year period terminating on June 30, 2020 in the total amount not to exceed $75,000 subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Since 2005, the City has had an agreement with Cesar Vargas and Associates for translation services at City Council meetings and other City Council related materials including the Five -Year Strategic Plan, Sunshine and Sanctuary Ordinances amongst other notices. The consultant has agreed to renew their agreement for the next three years and maintain their current rate which has not been increased since 2014. The current rate continues to be very competitive and will allow for continuity of institutional knowledge by Dr. Vargas and his professional team of translators. In 2011, the City did an informal request for proposal process. A review of proposals received determined that the rate by current provider was within a few dollars of other bids received. It is staffs recommendation that the City continue with current provider who has performed with a high degree of professionalism for the past 12 years. STRATEGIC PLAN Approval of this agreement allows us to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Priority #1, Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities. 2513-1 Agreement for Translation Services June 20, 2017 Page 2 of 2 FISCAL IMPACT Funds in the amount of $75,000 are available in the Clerk of the Council Office fund (account no. 01107031-62300). Maria D. Huizar, Clerk of the Council Exhibit: Proposed Agreement Fiscal Year Amount 2017-2018 $25,000 2018-2019 $25,000 2019-2020 $25,000 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, 3+^^ Executive Director Finance & Mgmt. Services Agency 25B-2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 20th day of June, 2017 by and between Cesar Vargas (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of professional interpretation and translation services of City Council meetings. 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 he is knowledgeable in his 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 those services as set forth in Exhibit A, and incorporated by reference to this Agreement. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total sum to be expended under this Agreement shall not exceed $75,000.00 for the term of the Agreement. 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. TERM This Agreement shall commence on the date first written above and terminate on Junc 30, 2020, unless terminated earlier in accordance with Section 13, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 25B-3 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire teen 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 marmer 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. S. 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 injruy, 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, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or self-insurance programs maintained by the CITY; and (c) contain standard separation of insureds provisions, b. If applicable, business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance ,,hall include coverage for owned, hired and non -owned automobiles. c. Worker's Compensation Insurance. In accordance with the California 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 Linder 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. 25B-4 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) 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. 6. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns 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. 25B-5 7. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 8. CONFIDENTIALITY If Consultant receives fi-om the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be doomed 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 r Santa Ana, CA 92702-1988 Fax 714-647-6956 With courtesy copies to: 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 Consultant: Dr. Cesar Vargas 8502 E. Chapman Ave. #302 Orange, California 92869 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If seat by mail, conununication 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 fi•ames, 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 Consultant regarding the subject matter herein, 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 terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 25B-7 13. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 14. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement, Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16, PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder Said 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 writhes of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for tennination of this Agreement. 17, 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 r attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fust above written. CITY OF SANTA ANA CESAR VARGAS CYNTHIA J. KURTZ DR. CESAR VARGAS Interim City Manager ATTEST: MARIA D. IIUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney Ey: YoluiM. Funk Assistant City Attorney 25B-9 EXHIBIT A SCOPE OF SERVICES In consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES a. Consultant shall provide English - Spanish translation/interpretation of the City Council meeting on an ongoing basis, as requested by City and subject to the availability of Consultant(s). b. The City shall provide Consultant sufficient preparatory and background materials (such as meeting agendas and pertinent memos and reports) no later than 48 hours prior to an assignment so that Consultant may be familiarized and kept abreast of the possible items, terminology, concepts, and direction to be discussed, which may be broached during said assignment. As these assigrnnents are meant to be public, live meetings, the City cannot guarantee that items not presented, implied or hinted to in these preparatory materials will not be brought up during said assignment. o. The City shall do its best to provide a working environment conducive to simultaneous interpretation, which includes, but is not limited to, interpretation equipment, sound booth with full visual access to Chambers or other meeting venue (as available), and other items that may be applicable, reasonable and feasible for each interpreting assignment, d. The City shall set up the interpretation equipment, video/audio feeds to the booth, hand out and retrieve interpretation receivers to members of the public, and provide other services incidental and necessary to the interpretation services provided by Consultant. 25B-10 [UNCITRINIP. COMPENSATION COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services, the hourly rate of $95.00, with a two-hour minimum, which includes up to thirty (30) minutes of preparation, familiarization and review time. The total compensation to be paid pursuant to this Agreement shall not exceed $75,000.00 during the term of this Agreement. Page 9 of 9 25B-11 25B-12 REQUEST FOR COUNCIL ACTION Di III Cgeelll LIN 14Jd=[=III [lJ_%li=i JUNE 20, 2017 TITLE: RENEWAL TO THE ACTUARIAL VALUATION SERVICES FOR OTHER POST -EMPLOYMENT BENEFITS (OPEB) AGREEMENT WITH BICKMORE (STRATEGIC PLAN N0.4, 1) h CITY 16AWAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the renewal of the existing one- year agreement, extending the period from June 20, 2017 through June 30, 2019, and increasing the contract amount to $15,950 with Bickmore, , for a not to exceed agreement of $29,497, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The City issued a Request for Proposal (RFP) on April 15, 2016 seeking qualified firms to provide actuarial valuation services for other post -employment benefits ("OPEB"). As a result of the RFP the City received three (3) proposals reviewed and approved by the Finance and Management Services Agency — Accounting Division. After completing its analysis of the submitted proposals, Bickmore was selected as the most qualified entity to provide the City the above -referenced services, specifically due to its overall ability in providing the services; technical qualifications and experience of key members of the engagement team; along with costs in providing the service. On June 21, 2016, the City entered into a one-year contract agreement with Bickmore to provide actuarial valuation services for OPEB for a total not to exceed amount of $13,547, with the option to renew annually for two additional one-year periods. The actuarial valuation is required to be performed every two years to determine the City's total retirement health benefits liability as of each fiscal year end. Approval of the recommended action allows for the City to consolidate its two one-year renewal options into one contract amendment allowing for an extension of the said two years. As a result the preparation of the report and subsequent financial reporting will be performed by one actuarial and allow for uninterrupted service during the upcoming fiscal years. Additionally, the liability and related information are presented in the City's Comprehensive Annual Financial Report (CAFR) for FY 2015-16. 25C-1 First Amendment to Actuarial Valuation Services for Other Post -Employment Benefits (OPEB) Agreement June 20, 2017 Page 2 In June 2015, the Governmental Accounting Standards Board (GASB) issued a Statement No. 75(GASB 75), Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions (OPER), which reflects an overhaul in the standards for accounting and financial reporting for OPEB. The most significant impact of the new standard is the reporting of the OPEB liability on the face of the financial statements rather than in the footnotes. The standard also requires more extensive disclosure in the notes to the CAFR. The City is required to implement GASB 75 for the fiscal year ending June 30, 2018. Bickmore's knowledge and expertise related to the new OPEB reporting requirements will assist the City to successfully implement the new standard and ensure true, current, and accurate reporting. Therefore, staff recommends extending Bickmore's contract for two additional years to provide actuarial valuation services required under the new guidance for fiscal years 2017-18 and 2018-19. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 City Financial Stability, Objective #1 (Maintain a Stable, Efficient, and Transparent Financial Environment). FISCAL IMPACT Funds in the amount of $15,950 will be budgeted and available for FY 2017-18 and FY2018-19 as follows: Accounting Unit FY2017-18 FY2018-19 01110110-62300 $12,980 $2,970 APPROVED AS TO FUNDS AND ACCOUNTS: %'N ` Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. First Amendment to Professional Services Agreement with Bickmore 25C-2 EXHIBIT 1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH BICHIVIORE THIS FIRST AMENDMENT TO AGREEMENT is entered into this day of June 2017, by and between Bickmore ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On 21 June 2016, the City entered into Agreement # N-2016-102 with Consultant to provide actuarial valuation services for other post -employment benefits (OPEB) and related matters for the term of one (1) year with an expiration date of June 20, 2017. B. hi accordance with the terns and conditions of the Agreement, the parties desire to amend the scope of services, compensation and term of the Agreement. THE PARTIES THEREFORE AGREE: 1. Section 1. SCOPE OF SERVICES, shall be amended to include the additional services outlined in the Proposal from Bickmore dated May 16, 2017 and described and set forth in Exhibit A attached hereto, and incorporated by reference to this Agreement. 2. Section 2. COMPENSATION, is amendedto include an additional $15,950 for services to be performed by the Consultant as follows: Fi�20i-7=j�-irramarnount-nut�e�ed-$12;g80�vhi�lriercludesOrth . $1.1,800 and (2) a 10% contingency of up to $1,180; b, for FY 2018-19 in an amount not to exceed $2,970 which includes (1) the sum of $2,700 and (2) a 10% contingency of up to $270; The total "not to exceed" amount for the Agreement, including the costs detailed in this amendment, shall not exceed $29,497. 3. Section 3. TERM, shall be amended to extend the tern of said Agreement for an additional two (2) year period from June 20, 2017 through June 30, 2019. This includes Fiscal Year (FY) 2017-18 for the first year, and additional services through FY 2018-19 for the second year. Except as hereinabove modified, the terns and conditions of said Agreement remain unchanged and in full force and effect. Signature page to follow on page 2 25C-3 Signature page: First Amendment to Bickmore Services Agreement (N-2016-102) IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR CYNTHIA J. KURTZ Clerk of the Council Interim City Manager APPROVED AS TO FORM: Sonia R.. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT Francisco Gutierrez Executive Director, Finance and Management Services Agency By: Title: Page 2 of 2 25C-4 Exhibit A: First Amendment to ffickmore Consultant Agreement with Bickmore May 16, 2017 Ms. Sarah Ro Supervising Accountant City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Re: Engagement Letter for OPEB Actuarial Valuation Services for the City of Santa Ana Dear Sarah: We are sending this letter at your request proposing Bickmore's engagement to complete an updated actuarial valuation of other postemployment benefits (OPEB) liabilities under GASB 75 for the City of Santa Ana (the City). The valuation date will tentatively be July 1, 2017. We anticipate that this valuation will develop OPEB disclosure Information for financial reporting purposes under GASB 75 for the fiscal year ending June 30, 2016 and will be the basis for financial reporting under GASB 75 for the fiscal year ending June 30, 2019. if the City wishes to see illustrations of results for one or more "prefunding" scenarios, those calculations would be separate from those prepared for GASB 75 purposes. • The data request will be similar to what we have requested for prior valuations, with an employee data request, a questionnaire about benefits and copies of some documentation. • Much of the valuation process will be similar to that followed in prior years. However, the presentation of results will materially different than in prior valuations, reflecting the revised information needed for GASB 75 reporting. Please also note that additional calculations will be required one year after the valuation to provide the information for FYE 2019 reporting. • Timing: We are prepared to begin the valuation at your convenience. We anticipate completing the draft report within 50-60 days following receipt of complete data. • The last page summarizes include the fees we propose for this project. Our quote reflects the time required far the additional GASB 75 information for the interim year between valuations, Our quote is also based on the assumptions that retiree medical benefits remain largely the same as they were in the City's previous valuation. If you are comfortable with the project as outlined and the fees quoted, please return a signed dated copy back to us by email. If you have any questions, please contact me at (503) 419-0462 or at cmacleod@bickmore.net. We appreciate the opportunity to work with you and the City on this assignment and look forward to hearing back from you. Cordially, Catherine L. MacLeod. FSA, FCA, MAAA, EA Director, Post -Employment Benefit Actuarial Services Enclosure 5200 SW Macadam Ave, Suite 310,�Portland, OR 97239 • 860,541 4591 - f. 855.242.8919 wv .bckmore.net 25C-5 Bickmore is a leading independent risk management, insurance, and actuarial consulting firm with clients in 33 states. Formed in 1984, Bickmore is headquartered in California and has a staff of more than 100. over 60% of our staff holds advanced degrees and professional designations in risk management, law, workers' compensation, accounting, actuarial, and loss and risk control. our professionals work together to provide clients with traditional risk management services such as coverage reviews, self-insured retention analysis, and claims consulting and non-traditional services such as data collection, self-insured group administration, program structure evaluation, and underwriting. Commitment to Service Bickmore performs more than 250 consulting assignments annually. Our greatest mark of client satisfaction is repeat business, with 95% of clients engaging us for additional projects after completion of initial assignments. Bickmore does not sell insurance, nor are we affiliated with any such organization, This independence allows us to perform consulting activities free from actual or perceived conflicts of interest. We are recognized for; Our technical expertise Our availability to our clients Our assistance is identifying and resolving issues Helping our clients understand our analysis and presenting our results In a meaningful way 25C-6 Bckmore City of Santa Ana OPEB Overview as of June 30, 2016 OPEB provided: The City reported the following OPER: retiree medical, dental, and vision coverage. Access to coverage: Medical coverage is currently provided through CaIPERS as permitted under the Public Employees' Medical and Hospital Care Act (PEMHCA). This coverage requires the employee to satisfy the requirements for retirement under CaIPERS, which requires attainment of age 50 (age 52, if a new to PERS on or after January 1, 2013) with 5 years of State or public agency service or approved disability retirement. If an eligible employee is not already enrolled in the medical plan, he or she may enroll within 60 days of retirement or during any future open enrollment period. Coverage may be continued at the retiree's option for his or her lifetime. A surviving spouse and other eligible dependents may also continue coverage. The employee must begin his or her retirement warrant (CaIPERS pension benefit) within 120 days of terminating employment with the City to be eligible to continue medical coverage through the City and be entitled to the employer subsidy described below. PEMHCA Benefits provided: As a PEMHCA employer, the City is obligated to contribute toward the cost of medical coverage for a retired employee's lifetime or until coverage is discontinued. The City maintains "unequal contribution" resolutions with CaIPERS (effective in 1998 for the Fire employees and City Council, and in 1999 for all other employee groups). The resolution covering retired City Council members does not provide for a City contribution, but allows the retiree Council members to continue coverage at their own expense. The resolutions covering City employees define the City's contribution toward the active empioyee medical plan premiums to be the PEMHCA minimum employer contribution (MEC). The MEC is $128 per month in 2017. Under the unequal resolutions, the City's contribution toward retiree medical benefits is determined by multiplying together the following three items: 5% times The number of prior years the employer has been contracted with PEMHCA times • The contribution the employer makes towards active employee health benefits (i.e., the MEC). PEMHCA contributions for active and retired employees will become equal in 2018 or 2019. 25C-7 r \'■ r. r. Application of this valuation report and implications of GASB 75 It Is our understanding that the City will be required to Implement GASB Statement 75 for its fiscal year ending June 30, 2018. Four key changes under GASB 75, among others, are: (1) GASB 75 introduces the concept of a "Measurement Date" for each fiscal year; this date may or may not be the same as the valuation date. In addition, the Measurement Date should be a date consistently applied from year to year, not later than the last day of the current fiscal year and not earlier than the last day of the prior fiscal year. Note: It is often easier to choose the 12 month prior date because this allows the actuary to develop the calculations in plenty of time prior to fiscal year end. As you know, CaiPERS takes this approach for GASB 68. if using the last day of the period, there are more agencies needing to get the work completed by in a narrower window of time. (2) The Net OPEB Liability (a.k.a. unfunded OPEB liability) will be reported in the statement of net position, rather than in a footnote. (3) The period for recognizing certain deferrals (amortization items) will be considerably shorter than the maximum 30 year period permitted under GASB 45, (4) The discount rate used to value the OPEB liability under GASB 75 is determined differently than under GASB 45; this rate and the resulting plan liability must be reviewed and potentially updated every year, not every other year. However, we anticipate that the underlying actuarial calculations from the July 2017 valuation may be used to make these updates and additional calculations, without need to gather and analyze new employee or premium data during the interim (FYE 2019) year, just as was allowed under GASB 45. Please note that where GASB 45 typically served as the valuation basis for both financial reporting and funding (contribution) development, it is expected that GASB 75 will serve only for financial reporting purposes; separate calculations would be required to support the development of future prefunding contributions, if any, based on the City's long term funding policy and current funded position. Assuming the City does select a "12 month prior" Measurement Date for GASB 75 reporting, the July 1, 2017 valuation would likely produce the following outputs at these times: • The July 1 (or June 30), 2017 Measurement Date information to be reported in financial statements under GASB 75 for the fiscal year ending June 30, 2018. Estimated completlow on or before April 30, 2018. • The July 1, 2018 (roll forward and re -measurement from the July 2017 valuation) would review the discount rate for continued suitability, gather updated contribution information and develop the GASB 75 information to be reported by the City for the fiscal year ending June 30, 2019. Estimated completion: on or before April 30, 2019. • The process would repeat with the next valuation as of July 1, 2019. One other option would be to choose a "January 1" Measurement Date (i.e., 1/1/2018 for FYE 2018, 1/1/2019 for FYE 2019, etc.) The 12 month prior appears to be more common, but we wanted to mention this as another date used in some instances. Please let us know if you have any questions about these components or the timelines. 25C-8 • Professional Service Fees for This Project July 2017 Actuarial Valuation Report and GASB 75 results for FYE 2018: $11,800 GASB 75 compliant results will be presented based on a Measurement Date of July 1, 2017 for the fiscal year ending June 30, 2018. Exhibits will provide information separately and in total for the explicit and implicit subsidy OPER liability for active and retired employees. The fee above also includes and all telephone conferences, as needed, to review report results with the City. Results will be presented separately for 6 groups. Results will not he provided for the POA Benefit Trust (see Out -Of -Scope Services). GASB 75 information for FYE 2019 (measured as of July 1, 2018): $ 2,700 The July 2017 valuation results will be applied, discount rate reviewed and/or updated as needed, and the current value of OPEB trust assets reflected as of each Measurement Date to develop the information required for GASB 75 financial reporting purposes for each fiscal year end. Results will be presented separately for 6 groups. The "not -to -exceed" fees for the services described for the two years above are summarized here: Staff Position 2017 Hourly Rates Estimated Hours Fee for FYE 2018 GA5875 2018 Hourly Rates Estimated Hours Fee for FYE 2019 GASS 75 Actuarial Manager/Director $ _310 15 $ 4,650 $ 325 4 $ 1,300 5enlorActuarialAnalyst 185 16 2,960 195. 3 585 Actuarial Analyst 140 26 3,640 145 4.5 653 Administrative Support 95 5.8 550 100 1.6 162 Total Fee for in -scope services' 62.8 $ 11,800 13.1 $ 2,700 *These not to exceed fees exclude items specifically described in Optional Services and Out -Of -Scope Services Optional Services: Preliminary total results at alternate discount rates $350 each Actuarial forms required for CENT filing (if applicable) $ 750 Additional meetings in person (1 is included above) $900 each Out -of -Scope Services: We do not anticipate any out -of -scope work related to the valuation which could result in additional charges, with the possible exception of the following: • Data: The basic fee above includes 16 hours for analysis and organization of employee and plan data to prepare it for our actuarial coding. If additional time is needed before we can begin our valuation, we reserve the right to charge for this time at the hourly rates shown below, • If benefits or eligibility are significantly different than described to us for this proposal. • Development of prior period results under GASB 75. • OPEB liability calculations relating to the POA Benefit Trust. • Consulting or actuarial projections relating to possible plan redesign or "experience studies". Should they be needed, our 2017 hourly rates are: Consultant 2017 Hourly Rates Senior Actuarial Staff $285-330 Actuarial Analysts 145-185 Adminsitrative Staff 95 25C-9 25C-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AGREEMENT AMENDMENT WITH NORA SANCHEZ TO PROVIDE RECREATIONAL CLASS INSTRUCTION (STRATEGIC PLAN NO. 2,2A) -71 CITY MOAAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Nora Sanchez to provide recreational class instruction by increasing the agreement amount by $5,000 for a total agreement amount not -to -exceed $30,000 for the term of the agreement, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Parks, Recreation and Community Services Agency (PRCSA) Recreational Classes Program offers low-cost courses and activities to Santa Ana residents in the areas of Music and Dance, Arts, Nature and Science, Equestrian, Aquatics, Sports, and other special interests. The quarterly leisure class brochure has been instrumental in increasing the number of students registering for many classes. The Recreational Classes Program is a revenue -generating program that uses registration fees to pay for instructors and supplies. Nora Sanchez has been providing "Tiny Tots" instruction for the City's Recreational Classes Program. The current agreement provides that the City retain 20 percent and provide the instructor 80 percent of the revenue. The number of class registrations has increased this fiscal year. Due to the popularity of the class, city staff is anticipating the instructor's compensation of the total revenue to exceed the $25,000 per fiscal year, per vendor threshold. Therefore the City is requesting increasing the not -to -exceed amount to $30,000. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 — Youth, Education, Recreation, Objective #2 (Expand youth programming), Strategy A (Focus resources on quality youth engagement, civic awareness, enrichment and educational programs (i.e. youth camping trips) and expand after- school programs during out-of-school hours at the library and community centers.). 25D-1 Agreement Amendment with Nora Sanchez to Provide Recreational Class Instruction June 20, 2017 Page 2 FISCAL IMPACT Anticipated revenue of $1,000 thru December 31, 2017. Funds are available in the following account for the specified year: Unit PRCSA-Recreation (no. 01113230-62300) FY 17/18 APPROVED AS TO FUNDS AND ACCOUNT: Gerardo Moue Francisco Gutierrez Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement Amendment Executive Director 1-�%& Finance and Management Services Agency 25D-2 FIRST AMENDMENT TO RECREATION SERVICES AGREEMENT WITH NORA SANCHEZ THIS FIRST AMENDMENT to the above -referenced agreement is entered into on June 20, 2017, by and between Nora Sanchez ('Provider"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), RECITALS A. The parties entered into Agreement #N-2016-189, dated November 23, 2016 ("said Agreement"), by which Provider agreed to provide "Tiny Tots" classes in its leisure class program. B. Per the compensation clause in said Agreement, the City agreed to pay the Provider eighty percent (80%) of all gross revenue received from program participants. Total revenue to Provider was not to exceed $25,000.00 annually. C. The parties wish to amend said Agreement to include additional funds due to an increase in registration for classes offered by the Provider during the current term of said Agreement, which will expire on December 31, 2017. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to said Agreement, the parties agree as follows: 1. Section 3, "Compensation", is hereby amended to include an additional $5,000 for services to be performed by the Provider. The total sum of the revenue to Provider shall not exceed $30,000 during the term of said Agreement. Except as modified by this First Amendment, all terms and conditions of said Agreement shall remain in full force and effect. {Signatures on Following Pagej 25D-3 Signature Page — First Amendment Recreation Services Agreement with Nora Sanchez IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager NORA SANCHEZ GERARDO MOUET Executive Director, Parks, Recreation and Community Services Agency Page 2 of 2 25D-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 CLERK OF COUNCIL USE ONLY: TITLE: APPROVED AGREEMENT WITH COMMUNITY ❑ As Recommended SENIORSERV INC. FOR SENIOR MEALS E] El ElOOrrdinance on 1"Reading PROGRAMS ❑ Ordinance on 2"' Reading (STRATEGIC PLAN NO. 5, 6E) ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY NAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute an agreement with Community SeniorServ, Inc. for Senior Meals Programs in the amount of $90,290 for the period July 1, 2017 through June 30, 2018, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Community SeniorServ, Inc. provides two programs which they have labeled, Meals on Wheels and Senior Lunch. The Meals on Wheels program prepares and delivers three meals daily directly to the homes of homebound, frail, and socially isolated seniors in the City. A registered dietician plans the meals to assure 100% of the U. S. Nutritional Recommended Daily Allowance - consisting of breakfast, a cold lunch, and a frozen dinner. In addition to meals, clients benefit from daily contact with delivery staff as well as the calls and/or visits from case workers who regularly check on their well-being. The Senior Lunch Program will be offered at two sites in Santa Ana (Santa Ana Senior Center and Southwest Senior Center) to help alleviate poor nutrition among the elderly population, especially prevalent among those who live alone and/or on a limited income. This nutrition program seeks to enhance the physical and mental well-being of the elderly population by: Encouraging a sense of dignity; Providing stimulating activities and volunteer opportunities; and Augmenting participants' financial resources by providing donation -based meals. 25E-1 Agreement with Community SeniorServ, Inc. for Senior Meals Program June 20, 2017 Page 2 The Senior Lunch Program meals are also planned and certified by a dietician to meet one third of each person's daily nutritional needs based on Food and Drug Administration (FDA) guidelines. As part of the fiscal year 2017/2018 budget process, $90,290 in general fund monies was proposed to be included in the Parks, Recreation and Community Services Agency's account to have Community SeniorServ, Inc. provide these programs to Santa Ana residents. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents), Strategy E (Expand Senior Center programming to provide greater enrichment and explore activities in art, culture and health). FISCAL IMPACT Funds are anticipated to be available in the FY 17/18 budget in the following account: Unit Recreation (no. 0111 Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement FY 17/18 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez Executive Director Finance and Management Services Agency 25E-2 AGREEMENT BETWEEN THE CITY OF SANTA ANA AND COMMUNITY SENIORSERV, INC. FOR THE PROVISION OF SENIOR MEALS PROGRAM SERVICES THIS AGREEMENT is hereby made and entered into this Ist day of July, 2017,.by and between 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"), and Community SeniorServ, Inc., a California nonprofit corporation ("Provider"). RECITALS A. The City desires to retain Provider to participate in the Home Delivered and Congregate Meals Program in the City. B. In undertaking the performance of this Agreement, Provider represents that it is knowledgeable in its field and that any services performed by Provider under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional 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 Provider shall perform those services as set forth in Exhibit A and incorporated by reference to this Agreement. 2. COMPENSATION a. City agrees to pay, and Provider agrees to accept as total payment for its services, the sum of $90,290.00. The total sum to be expended under this Agreement shall not exceed this amount during the term of this Agreement. b. Quarterly payments by City shall be made within thirty (30) 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 The term of this Agreement shall commence on the date first written above and terminate on June 30, 2018, unless terminated earlier in accordance with Section 13, below, 4. INDEPENDENT CONTRACTOR Provider 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 Page 1 of 8 25E-3 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 Provider performs the services which are the subject matter of this Agreement; however, the services to be provided by Provider shall be provided in a manner consistent with all applicable standards and regulations governing such services. Provider shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Provider shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Provider shall maintain commercial general liability insurance which 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 Provider's negligent 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 and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers 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 insured 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 California State law, Provider, if Provider has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the perfonnance of the work under this Agreement, Provider agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Provider 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 Provider pursuant to this section: (i) Provider 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 in form by the City. Page 2 of 8 25E-4 (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. (iv) Provider shall supply City with fully executed additional insured endorsement, f. If Provider fails or refuses to produce or maintain the insurance required by this section or fails or refuses to fumish 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 terminate this Agreement. Such termination shall not affect Provider's right to be paid for its time and materials expended prior to notification of termination. Provider waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Provider agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, Providers, 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 Provider or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns 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 Provider 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 terns 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 Provider's services are subject to Civil Code §2782.8, the above indemnity shall be limited, to the extent required by Civil Code §2782.8, to claims that arise of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Provider. 7. RECORDS Provider shall keep records and invoices in connection with the work to be performed under this Agreement. Provider 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 Provider under this Agreement. All such records and invoices shall be clearly identifiable. Provider shall allow a representative of the City to examine, audit, Page 3 0£ 8 25E-5 and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Provider shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years fiom the date of final payment to Provider under this Agreement. 8. CONFIDENTIALITY If Provider received from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Provider agrees that it shall not use or disclose such information except in the performance of this Agreement, and farther 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 Provider disclosed in a publicly available source; (c) is in rightful possession of the Provider and disclosed without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Provider without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Provider covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 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, sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: City of Santa Ana Community Development Agency (M-25) 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 With copy to: Executive' Director of Parks, Recreation and Community Services City of Santa Ana 26 Civic Center Plaza (M-23) P.O. Box 1988 Santa Ana, California 92702 Page 4 of 8 25E-6 Fax (714)571-4211 To Provider: Community SeniorServ, Inc. 1200 N. ICnollwood Circle Anaheim, CA 92801 Fax(714)220-1374 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 ar 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 facsimile, 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 Provider regarding the subject matter herein, 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 attaclunents hereto, the terms of this Agreement shall prevail and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Provider. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terns or conditions hereof, shall not bind or obligate Provider nor 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 parties which are not embodied herein. 12. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Provider, Provider 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 Providers retained by City. 13. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice of termination to the Provider. a. As a condition of such payment, the City may require Provider to deliver to the City all the work product completed as of such date, and in such case such work product shall be the Page 5 of 8 25E-7 property of the City unless prohibited by law, and Provider consents to the City's use thereof for such purposes as the City deems appropriate, b. Payment need not be made for work that fails to meet the standard of perfonnance specified in the Recitals of this Agreement. 14. NON DISCRIMINATION Provider shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities under this Agreement. Provider affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 13. 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 detennined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 16, PROFESSIONAL LICENSES Provider 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 Sates, the State of California, the City of Santa Ana and all other governmental agencies. Provider shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement, 17, 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 terns 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 sucb authority or ,power is not, in fact, held by the signatory or is withdrawn. All exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. Page 6 of 8 25E-8 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Lisa Storek Assistant City Attorney FOR APPROVAL: Gerardo Mouet Executive Director of Parks, Recreation and Community Services Agency CITY OF SANTA ANA CYNTHIA KURTZ Interim City Manager COMMUNITY SENIORSERV, INC. By: Name: Title: Page 7 of 8 25E-9 EXHIBIT A Community Scniorseiv, hie. (CSS) 1200 N. Knollwood Circle Anaheim, CA 92801 FOR FISCAL YEAR 17-18 To provide meals to Santa Ana older adults through the Meals on Wheels and Congregate Lunch Meals programs. Home Delivered Meal Program/Meals on Wheels: Participants in the Home Delivered Meals program will receive a total of 3 nutritious meals daily for 5 days a week delivered to their home and case management services. Meals will be delivered by paid and volunteer drivers. Eligibility and case management services will be provided by CSS Case Managers. Participants will also have access to other services at no charge including in -Home services, respite services, home safety equipment, and other resources. Congregate Lunch Meals Program: Participants in the Congregate Lunch program will be provided with a nutritional lunch five (5) days a week at two (2) sites in Santa Ana: Southwest Senior Center Santa Ana Senior Center Page 8 of 8 25E-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AGREEMENT WITH MILLER MENDEL, INC. FOR POLICE DEPARTMENT BACKGROUND SOFTWARE {STRATEGIC PLAN NO.1, 1i} CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: I_1»:16PL k ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the attached three-year agreement with Miller Mendel, Inc. for the purchase of subscription entries and maintenance of ESOPH software for the Police Department, for the period of June 21, 2017 through June 20, 2020, in the amount of $44,014.50, plus a $5,985.50 contingency for a total not to exceed in the amount of $50,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana Police Department's Background Unit is responsible for conducting investigative backgrounds to ensure the City hire individuals that will deliver public safety services to the community with the utmost professionalism and integrity. During the process, personal information on applicants is collected, reviewed and distributed. It is critical that a system is in place that protects that information to ensure compliance with state and federal regulations. Towards that end, the Department purchased ESOPH software last year that has proven to be reliable system in every aspect. It also provides the Background Unit with increased efficiencies in the application, processing and distribution of over 300 applicants each year. ESOPH is a subscription based system, where entries (i.e. backgrounds) are purchased on an as needed basis and includes data storage and support fees. The three-year agreement will be for the period of June 21, 2017 through June 20, 2020, and based on hiring goals, this subscription based software program is projected to cost approximately $14,671.50 for year one, $14,671.50 for year two and $14,671.50 for year three (includes entries, support and storage), plus a $5,985.50 total contingency for unanticipated expenses or improvements. Over the course of this three year agreement, the total is not to exceed $50,000. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Strategy 1i — Enhance public safety efforts by improving Arpgoyee retention efforts and actively seeking a Agreement with ESOPH for Training Software June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety, Strategy 1 i — Enhance public safety efforts by improving our employee retention efforts and actively seeking a diverse and talented pool of public safety candidates who possess the values and skills consistent with organizational goals. FISCAL IMPACT Funds for this agreement will be budgeted in the Police Department's Backgrounds contract services account (01114404 62300) for the following fiscal years: FY 2017-18 $14,671.50 FY 2018-19 $14,671.50 FY 2019-20 $20,657.00 Total $50,000.00 Ji Schnabl Acting Chief of Police Santa Ana Police Department Exhibit: Agreement with Miller Mendel, Inc. APPROVED AS TO FUNDS AND ACCOUNTS: 1�1�1. Francisco Gutierrez Executive Director Finance and Management Services Agency 25F-2 INc. MASTER SOFTWARE LICENSE AND SERVICES AGREEMENT This Master Software License and Services Agreement (this "Agreement") is made and entered into on June 21, 2017 ("Effective Date") between Miller Mendel, Inc., a Washington corporation with an address at 1425 Broadway, #430, Seattle, WA 98122 ("MMI"), and the City of Santa Ana, by and through the Santa Ana Police Department, with an address at 60 Civic Center Plaza, Santa Ana, CA 92701 ("CIrentf). MMI and Client may each be referred to individually as a "Party" or collectively as the "Parties," BACRGROUND A. MMT is a technology company with a principal market in offering software -as -a -service solutions to governmental and private entities; B. Client desires to license and use MMPs software system ]mown as the "eSOPH" or "electronic Statement Of Personal History." The eSOPH System (defined below) is a web -based software system designed and developed to assist with pre-employment background investigations. The eSOPH System allows Client to manage pre-employment background investigations of persons who apply for employment with Client. C. MMI is willing to allow Client and its Applicants to use the eSOPH System in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, the Parties, each intending to be legally bound hereby, do promise and agree as follows: AGRERbIENT 1. DEFINITIONS. Except for the terms defined below, all initially capitalized terms used, in this Agreement will have the meanings described within the text of this Agreement. As used herein, the following terms have the following defined meanings: 1.1 10Applicant° means a registered end-user that accesses the cSOPH System at the request of a Client to input or upload data or documents for the purpose of Client's management of one or more pre- employment baolcground investigations. 1.3 "Applicant Data" means any data transmitted by Applicant to the eSOPH System. 1.4 "Authorized User" means any user, excluding Applicant(s), who accesses the eSOPH System on behalf of Client and meets the criteria set forth in Section 2.2. 1.5 "Client' means the entity stated in the first paragraph at the top of this page, licensed to use the eSOPH System in accordance with the terms and conditions of this Agreement. 1.6 "Client Data" means all data and other information uploaded or transmitted to or keyed into the eSOPH System by Client or an Applicant. 1.7 "Client Specific Terins" means the teens and conditions specific to Client attached hereto as Exhibit A. 1.8 "Entry" has the meaning ascribed to it in Section 2.3.2. 1.9 "eSOPHSysteni" means MMI's "electronic Statement Of Personal History" web -based software system designed and developed to assist with pre-employment background investigations, and all related Software. The eSOP14 System allows MMI's clients to manage pre-employment background investigations of persons who apply for employment and volunteer positions with Client. MASTER SOFTWARE LICCNSE & SERvicEs AGREEiYFENT Version: April 12, 2017 25F-3 PAGE, 1 Or 20 MILLER MENDEL, INC. 1.10 "Intellectual Property Rights" means all intellectual property rights throughout the world, whether existing under intellectual property, unfair competition or trade secret laws, or under statute or at common law or equity, including but not limited to: (i) copyrights, trade secrets, trademarks, trade names, patents, inventions, designs, logos and trade dress, "moral rights," mask works, rights of personality, publicity or privacy, and any other intellectual property and proprietary rights; and (ii) any registration, application or right to apply for any of the rights referred to in this clause; and (iii) any and all renewals, extensions and restorations thereof, now or hereafter in force and effect. 1.11 "Initial Contract Term" means the period of time commencing on the Setup Date and expiring after the number of License Terms described as the "Contract Tenn" stated in Exhibit A. For example, if Exhibit A specifies a contract tern of three (3) years, then the Initial Contract Tenn would expire on the third anniversary of the Setup Date (which would also be the same day that the third (aro) License Term expires). 1.12 "License Ternt" means the agreed period during which this Agreement is in effect determined as follows. The Initial Contract Term shall commence on the Setup Date and expire on the third anniversary thereof. Each successive renewal period thereafter shall be referred to herein as a "Renewal Term". The Initial Contract Term and/or any Renewal Terms shall define a "License Term". 1.13 "Primary Administrative User" means an Authorized User of Client's choosing who is authorized to grant initial eSOPH System login and password credentials to another Authorized User to access and rise the eSOPH System and either (a) has completed an initial training session provided by MMI on or around the Setup Date or (b) is a successor designated by Client and qualifies in accordance with Section 2.6. 1.14 "Renewal Term" has the meaning given to it in Section 4.2. 1.15 "Security Incident" means an Im urthorized third party gaining access to Client Data in MMI's storage, possession, or care if it was accessed in unencrypted readable form and either (a) it creates a substantial risk of harm to Client or any individual(s) or (b) applicable law requires notification to individuals' whose personal information was accessed. 1..16 "Services" means, collectively, the provision of the eSOPH System in accordance with the SLA, related professional services, and any other services to be provided by MMI to Client pursuant to this Agreement. 1.17 "Service Level Agreement" or "SLA" means the service level obligations of MMI, and any requirements of Client, related to the access, use, operation, availability and maintenance of the eSOPH System, as set forth in the attached Exhibit B. 1.18 "Setup Date" means the day of activation and setup of Client's access to the eSOPH System, which will occur on the first day of training unless otherwise provided in Exhibit A. 1.19 "Software" means the eSOPH System, related proprietary software owned by MMI, and any third -party software required to operate the eSOPH System, all in machine readable, object code form, together with all enhancements, modifications, corrections and amendments thereto, 2. eSOPH SYSTEM LICENSE 2.1 License Grant. MMI hereby grants to Client a revocable, limited license to access and use the eSOPH System commencing on the Setup Date and for the remainder of the Term in accordance with the terns and conditions of this Agreement. MMI will provide the eSOPH System to Client in accordance with the Service Level Agreement attached hereto as Exhibit B, as may be updated from time to time by MMI. 2.2 Authorized User Designation. Client shall designate all current Primary Achninistrative Users of the eSOPH System on the attached Exhibit A. A current Primary Administrative User way grant access to additional Authorized Users. Client shall ensure its Authorized Users' compliance with the terms of this MASTER SOFTWARE LICENSE & SERVICES AGREEMENT PAGE 2 of 20 Version: April 12, 2017 25F-4 MILLMMaNDM INC. Agreement, and Client assumes and accepts all responsibility and all liability for each of Client's Authorized Users, and any user whom the Client, or Client's Authorized Users, grants eSOPH System access, including all their acts or omissions while accessing and using the eSOPH System and/or any information obtained through such access and use. 2.3 Set -Up and Use of the eSOPH System. 2.3.1 Upon execution of this Agreement by both parties and MMI's receipt of a purchase order issued by Client, MMI will work with Client to establish Client's account on the eSOPH System and provide in- person setup and training for Client's access and use of the eSOPH System. Client specific set-up Services may be described in the Client Specific Terms attached hereto as Exhibit A, 2.3.2 For each Applicant, an Authorized User (with appropriate permission levels sot in the eSOPH System), must create an entry method into the eSOPH System for the Applicant. One method is by entering the Applicant's legal name and other identifying information into the eSOPH System. This is considered an "Entry." An Authorized User, may then grant access to the eSOPH System to the Applicant, who may use it to submit information to assist Client in executing its background investigation of such Applicant. The second entry method is for an Authorized User, to create an access code within the eSOPH System. The access code, if given out to Applicants, will allow those Applicants with the access code to access the system with no further data entry by any Authorized User. The Applicant(s) then has/have access to the eSOPH System to submit information to assist Client in executing its background investigation of such Applicant(s). Each Applicant who accesses the system via the access code option will also be considered an "Entry". Any Authorized Users may access and use the eSOPH System for the propose of adding information, and accessing and reviewing information submitted by Applicant(s). Any Authorized User, including Applicants, must be capable of entering into legally binding agreements. 2.3.3 If Client desires to have Users under the age of 18 access and use the eSOPH System, Client will have qualified legal counsel draft a release agreement to be executed by the minor's legal guardian(s), prior to the minor's access to the eSOPH System. The release must include a language legally sufficient to hold MMI harmless and release MMI of all liability. Client agrees it is solely responsible, and will retain all executed release agreements, and will provide MMI a fully legible copy of the requested release agreement(s), if so requested by MMI, within five calendar days of MMI's request. Client is solely responsible for researching and complying with all laws regarding a minor's access to and use of the eSOPH System, Client agrees to defend, indemnify and hold MMI harmless from all claims and damages relating to a minor's use of the eSOPH system. 2.4 Restrictions on Use. 2.4.1 Except as expressly permitted below, Client (including its Authorized Users) is strictly forbidden from entering at any time fictitious data (e.g., names, social security numbers, addresses, phone numbers or other data) into the eSOPH System for "testing," "training," or any other purpose. MMI reserves the right to invoice Client at MMI's hourly rate stated in Exhibit A, for the removal of any fictitious data entered by any Authorized User. MMT will provide to Client a "false" applicant name and the other information necessary to conduct training and testing with its Authorized Users, at Client's request. MMI will remove the "false" applicant from the eSOPH System, after requested by Client, at completion of Client's testing or training. 2A.2 Client may use the eSOPH System only to aid in pre-employment background investigations for those Applicants who have applied for employment or a volunteer position within the Client's specific government agency (e.g,, state government, township, county, city, and village). Client may not use the eSOPPI System on behalf of other government agencies or entities. MMI reserves the right to invoice Client all fees equivalent to if the other entity were a direct Client of MMI. Client agrees to pay the fees in accordance with Section 3 of this MSLA. 2.5 Acknowledgment of Ownership and Limited License Rights. MASTER 80F'rwAR4 LICENSE & SERVICES AGREEM'ENT PAGE 3 ov 20 Version: April 12, 2017 25F-5 MILLER 2.5.1 As between MMI and Client, MMI is the sole and exclusive owner of the eSOPH System (including all updates), Documentation, and all Intellectual Property Rights associated therewith. The eSOPH System is licensed not sold, to Client. Client shall have only the rights specifically granted by MMI under this Agreement, No additional rights are granted or may be inferred, Client shall not: (i) make any modifications to any portion of the eSOPH System, to which it is not intended to have access, via the user interface; (ii) attempt to reverse engineer., disassemble, reverse translate, decompile, decode or copy any portion of the eSOPH System; (iii) remove any patent, trademark, service mark or copyright notices which MMT places on the eSOPH System; or (iv) take any other actions inconsistent with the limited rights granted by this Agreement. 2.5.2 Client shall immediately notify MMI of any activity to which it becomes aware which may constitute infringement or attempted infringement of MMI's rights in and to the eSOPH System, including violations of intellectual property law(s). Client shall provide MMI with all reasonable assistance necessary or desirable for MMI to protect any of its rights, including without limitation its Intellectual Property Rights, in connection with the eSOPH System and agrees, upon written request from MMI, to furnish any and all records and information regarding the party suspected of 4iftingement. 2.6 Primary Administrative Users. Client must designate atleast one Primary Administrative Users in writing to MMT, and Client may designate an additional number of Primary Administrative Users to be active at a time for a fee, as set forth in Exhibit A. Per the SLA attached hereto as Exhibit B, Primary Administrative Users are the only representatives of Client authorized to submit support requests to MMI, and they are responsible for troubleshooting all Authorized User and Applicant issues prior to submitting support requests to MMI. Client is responsible for maintaining a current and accurate list of the designated Primary Administrative User(s) with MMI, and must notify MMI wither 48 hours of any change in a Primary Administrative User. Client shall be responsible for training replacements for any of Client's designated Primary Administrative User positions. If Client requests MMI provide replacement training, such training shall be provided at the rates for training set forth in Exhibit A. Per the SLA attached hereto as Exhibit iB, Client shall pay MMI's then standard hourly rate for support and assistance provided to Primary Administrative User's necessitated from Client's failure to designate a properly trained person for a Primary Administrative User position. 2.7 System Updates. The eSOPH System may be updated on an as -needed basis by MMI or MiIMI contracted service providers. Client may need to update its Internet browsers, connections, Internet service, and some hardware from time to time to permit ongoing compatibility with the eSOPH System, MMT will make every effort to assure uptime in accordance with the Service Level Agreement (SLA) attached hereto as Exhibit B. 2.8 Sample Forms. The scope, content, format and other details of information and materials requested from Applicants through eSOPH as well as the forms, fields, and questionnaires used to collect such information are within the exclusive control of Client and its Authorized Users. Any default or sample fields, forms, or questionnaires provided or pre -loaded on the eSOPH System ("Sample Forms") are provided by MMI "as is" with no warranty of any kind, express or implied. If Client uses such Sample Forms, Client does so at Client's own risk, and Client is solely responsible for evaluating such Sample Forms' suitability for Client's purposes and making any necessary or appropriate changes, including without limitation changes required for compliance with laws and regulations that apply to Client. 3. FEES AND PAYMENT. 3.1 License Fees. Client will pay to MMI the set-up fee and periodic license fees set forth in the "Client Specific Terms" attached to this Agreement at Exhibit A. All payments made to MMI by Client will be in USD. The total value of this contract for the three year period shall not exceed $50,000.00 USD. 3.2 Invoices. Invoices shall be issued in accordance with the payment due dates set forth this Agreement and Exhibit A. All taxes, pre -approved expenses and other charges, if applicable, will be listed on the invoice as a separate item. The Parties agree the terms and conditions of this Agreement will supersede any conflicting or additional terms set forth in any purchase order documents or invoice. Unless otherwise provided MASTER SOFTWARE LICENSE do SEnvicEs A.GREEN6NT PAGE 4 or 20 Version: April 12, 2017 25F-6 MILLER MENDEL, INC. in this Agreement or Exhibit A, Client will pay all undisputed invoices related to this Agreement within thirty (30) days of the date of receipt thereof. 3.3 Disputes. Client will notify MMI of any disputed charges, in writing, within 15 days from the date of invoice. Any dispute must be reasonable given the terms of this Agreement. The written dispute will include the reason for the dispute and cite all term(s) of the Agreement that validates Client's cause. for dispute. MMI and Client will attempt in good faith to resolve any dispute. If the Parties agree Client will pay any disputed amounts, MMI will re -invoice that amount and Client will pay all such amounts to MMI upon receipt of the invoice. 3.4 Interest on past due amounts. MMI may charge interest on any overdue invoices in the amount of 18% per annum or the maximum amount permitted by applicable law, whichever is less. Client shall also pay or arrange exemption from any taxes, charges, or other fees imposed on its use of the eSOPH System (other than taxes on MMI's income), including any applicable sales and/or use tax. If Client is a government agency and represents it is exempt from state or local sales or use tax, and it's later determined Client is not exempt from such tax, Client is be responsible for paying or reimbursing MMI for all outstanding sales or use tax, including any penalties and interest. 3.5 Failure to Pay, If Client fails to pay any undisputed sums when due, MMI may, in its sole discretion: (a) cease to perform any and all of its obligations under this Agreement; (b) if applicable, suspend or terminate any and all of Client's access to the eSOPH System, including access of its Authorized Users and Applicants, in whole or in part; and/or (c) exercise other remedies available to MMI. 4. TERM AND TERMINATION 4.1 Term. The term of this Agreement (the "Term") will commence as of the Effective Date and will continue until expiration on June 20, 2020, subject to earlier termination in accordance with Section 4.3. 4.2 Renewal. At MMI's sole discretion, Client may renew this Agreement for additional periods (each, a "Renewal Term") by delivering written notice to MMI of Client's desire to renew. Fees and pricing for a Renewal Term shall be at MMI's then -standard rates. 4,3 Termination. 4.3.1 If. this Agreement is not renewed in accordance with Section 42, it shall automatically terminate upon expiration of the then current Initial Contract Term or Renewal Tenn, as the case may be. 4.3.2 Either party may terminate this Agreement prior to its expiration without cause upon thirty (30) days prior written notice to the other party. (a) If Client terminates this Agreement prior to expiration of the Initial Contract Tern or the then -current Renewal Term without cause, all fees for the remainder of the Initial Contract Tema or then -current Renewal Term shall become due and payable, and Client shall pay all such fees in addition to any balance already outstanding within thirty (30) days after termination. (b) If NMI terminates this Agreement prior to expiration of the Initial Contract Term or the then -current Renewal Term without cause, MMI will issue Client a refund for up to 25% of the remaining Entries, minus any outstanding charges owed by Client, MMI does not issue refunds in greater amounts, or for other circumstances, due to the upfront expenses MMI sustains from continuous maintenance of the eSOPH System. 4.3.3 MMI may terminate this Agreement immediately with cause upon any breach by Client of Section 2.4 (Restrictions oil Use), or Section 2.5 (Acknowledgement of Limited Rights); or if Client or any of its Authorized Users violates MMI's Intellectual Property Rights. MASTER SOFTWARE LICENSE & SERVICES AGREEMENT PAGE 5 OF 20 Versiow April 12, 2017 25F-7 INC. 4.3.4 Either Party may terminate this Agreement with cause upon thirty (3 0) days written notice to the other Party in the event the other Party: (a) becomes insolvent; (b) makes an assignment for the benefit of creditors; (c) files a voluntary bankruptcy petition; (d) acquiesces to any involuntary banlctuptcy petition; (e) is adjudicated bankrupt; (f) ceases to do business; (g) or other reason amounting to any violation of law connected to the use of the eSOPH System. 4.3.5 Without limiting the Parties respective rights in Sections 4.3.3 and 4.3.4 above, either Party may terminate this Agreement with cause in the event that the other Party breaches this Agreement and the breaching Party does not cure such breach within thirty (30) days after receiving written notice from the non - breaching Party. I£ either Party gives notice to the other for substantially the same breach three (3) times during a twelve (12) month period, the non -breaching Party may terminate this Agreement immediately with cause upon receipt of the third notice by the breaching Party. 4.3.6 A Party's termination of this Agreement under this Section 4.3 does not limit either Party from seeking other appropriate legal remedy for any breach. 4.4 Effect of Termination. In the event of termination hereunder, MMI will not issue any refunds to Client for payments made pursuant to Section 3 of this Agreement, and Client is responsible for paying in full all undisputed invoices upon termination. Client may continue to access the information for previously entered Applicants in the eSOPH System for a period of thirty (30) calendar days. MMI reserves the right to charge for data storage fees for storage of Client's Data after termination, provided Client requests MMI retain the data on the cSOPH System. The amount billed for data storage shall be consistent with the amount(s) listed in Exhibit A. If Client does not pay any such data storage fee(s) within thirty (30) days after each due date set by MMI, MMI may, at MMI's sole discretion, permanently delete Client's Data, revolce Client's access to the eSOPH System, or both. Except as set forth in Section 4.3,2(b) above in the event MMI terminates without cause, Client shall have no right to a refund upon termination. Upon termination, MMI will not issue any refimds to Client for payments made pursuant to Section 3 of this Agreement, unless the reason for termination is an independent, sole act of MMI and also without cause. 4.5 Survival. Where the context, nature, or express terms of any provision indicates intent that it shall survive termination or expiration of this Agreement, then it shall survive the same, including without Iimitation Sections 1, 2.4, 2.5, 3-7, and 10-12. 5. DATA ACCESS, CONFIDENTIALITY AND SECURITY 5.1 Authorized User Access Only. Client is responsible for all use of its Authorized Users accounts on the eSOPH System. Client shall ensure that its Authorized User(s) properly control and limit access to the eSOPH System to Client's appropriate Authorized Users, and that Client's Authorized Users properly protect their logins, passwords and all other login credentials to prevent unauthorized access and misuse of Client Data, Applicant Data and any other information that may be accessed through the eSOPH System. Client is responsible for its own policy regarding Authorized Users changing their passwords, minimum password complexity requirements beyond what is requiredby the eSOPH System, andwhich computer terminals may be used to access the eSOPH System by its Authorized Users, including any unattended devices or computers logged into the eSOPH System. Client shall ensure any previous Authorized User who no longer has a valid purpose to access the cSOPH System will have their eSOPFI System login credentials disabled within the eSOPH System, without delay. Former Authorized Users who separate from their relationship with Client shall have their login credentials immediately disabled, without delay, by Client. Client will ensure that each Authorized User has unique login credentials; an Authorized User may not share or disclose its login credentials to any other person, even if such other person is also an Authorized User. 5.2 Two -Factor Authentication. Client acknowledges the eSOPH System offers optional two -factor authentication using Google Authenticator, This service is automatically available to those Clients who desire a two -factor frontend login process, MASTLR SOFTwARE LICENSE & SERvicEB ACRGCNiFNT PAGE 6 OF 20 Version: April 12, 2017 25F-8 MILLER MENDEL, INC. 5.3 Client's Sharing of Applicant Data. The eSOPH System allows Client to externally share Applicant data and other information about Applicants from the eSOPH System. If Client or its Authorized User(s) share Applicant Data or other information about an Applicant with a third party, Client must: (i) possess valid, signed authorization from each Applicant whose Applicant Data or information is to be shared, legally adequate to authorize Client to share such Applicant Data or information, (ii) refrain from violating any law, policy, term or rule by sharing, transmitting or otherwise disclosing such Applicant Data or information, and (iii) keep the Applicant Data and information secure and private in accordance with any and all applicable privacy laws, and other legal requirement(s) and obligation(s). 5.4 MMI's Sharing of Basic Applicant Data. Client aclanowledges and understands a valuable part of the eSOPH System is the ability for Client to see if an Applicant has been entered into the eSOPH System by other MMI client(s). If Client enters an Applicant into the eSOPH System, the eSOPH System will disclose if any other MMI client has previously entered the same Applicant into the eSOPH System. `Basic Applicant Data" information produced to other MMI clients is limited to: Agency/entity name, position applied for, entered date, and closed date. The eSOPH System will also display the point of contact for any other agency(s) who have previously entered the Applicant into the eSOPH System. If Client purges their backgrounds from the cSOPH System, the Basic Applicant Data (as defined in this section) will remain on the eSOPH System and be visible to other MMI clients. Further information regarding another agency's entry of an Applicant, mast be gained through that agency's permission and their own internal process(es). 5.5 Security Incident. In the event MMI learns of a Security Incident, MMI will make every effort to notify Client within 24 -hours of learning of the breach. Notification will be made to the Client's Primary Administrative User or representative listed in Exhibit A to this Agreement, via telephone, and also email, Notifications will only be made when an actual Security Incident has occurred; if the data is encrypted, by industry standards, no Security Incident is considered to have occurred and no notification will be made. At the request of Client, and with Client's cooperation and assistance, MMI will work together with law enforcement and other personnel in connection with the unauthorized access into the eSOPH System. MMI takes the privacy and security of data seriously, and uses reasonable administrative, technical, and physical safeguards to protect the confidentiality and security of all Client Data. Clients are encouraged to review MMPs eSOPH Security Overview, which is updated as needed by MMI from time to time and is available upon request. 5.6 Ownership of Client Data. Client owns all Client Data entered into the eSOPH System by its Authorized Users and its Applicants, including Applicant Data entered in response to the Client's request for information to process an Applicant's background investigation. 5.7 Post -Termination Retention of Data. Without limiting Client's rights to Client Data and Applicant Data hereunder, MMI may retain and store the following data during and after the teen of this Agreement: Applicant name, Applicant telephone number, Applicant mailing address, Applicant email address, Applicant year of birth, date the Applicant was entered into the eSOPH System, Applicant's background investigation close date, position Applicant has applied for with Client, and the legal agreements (e.g., MMPs Electronic Signature Agreement, Terms of Use and Privacy Policy) related to any Authorized User's or Applicant's use of the oSOPH System. NIMI may retain such information and use it to comply with applicable law and the eSOPH System Terms of Use and Privacy Policy and for the purposes described in Section 5.4. Other than as stated in this Agreement, MMI will not use such information for other purpose. 5.8 Confidential Information. In performance of this Agreement, the Parties may directly or indirectly disclose to each other confidential information, proprietary information, or confidential data ("Confidential Information"). "Confidential Information" shall include any data and/or information that is identified by either Party as confidential (either orally or in writing) or is of such a nature that a reasonable person would understand such information to be confidential, including, but not limited to, (a) trade secrets or confidential business information of either Patty, including without limitation information about such Party's technology, financial information, and plans; and (b) personal information of employees, Applicants, and Authorized Users, including but not limited to, images, names, addresses, Social Security numbers, e-mail MASTER SOETwARE LICENSE & SERvICEs AGREEIVIR, NT PAGE 7 or, 20 Version: April 12, 2017 25F-9 INC. addresses, telephone numbers, financial profiles, credit card information, driver's license numbers, medical data, law enforcement records, educational records or other information identifiable to a specific individual that relates to any of these types of information ("Personally Identifiable Information" or "PIP'). 5.9 Exclusions from Confidential Information. Notwithstanding the foregoing, Confidential Information shall not include information the receiving Party can prove by clear and convincing written contemporaneous evidence is: (1) publicly known through no fault or negligence of the receiving Party; (2) rightfully possessed by the receiving Party prior to disclosure by the disclosing Party; (3) rightfully obtained by the receiving Party from a third -party in lawful possession of such Confidential Information without obligation of confidentiality; (4) independently developed by the receiving Party without reference to or use of the disclosing Party's Confidential Information. 5.10 Restrictions on Use and Disclosure. Each party shall not use the other party's Confidential Information for any purpose other than performance of its obligations and exercise of its rights under this Agreement. Furthermore, each party shall not disclose the other party's Confidential Information to any third party except to such party's employees, contractors, and other representatives who (a) have a bona fide need to know such Confidential Inforuation for purposes of performing this Agreement, (b) have been informed of the confidential nature of such information, and (c) have agreed in writing or are otherwise legally bound not to use or further disclose such information except as permitted by this Agreement. 5.11 Disclosure Required by Law. Notwithstanding the foregoing, Confidential Information may be disclosed by a receiving Party to the extent required to be disclosed by public disclosure law or a court order, subpoena, or similar legal requirement; or necessary to disclose to prevent severe physical injury to or loss of life of an individual; provided, however that the receiving Party shall notify the disclosing Party prior to such required disclosure promptly and sufficiently in advance to permit the receiving Party to contest or limit such required disclosure, including without limitation redaction of trade secret information prior disclosure. 5.12 Public Records Request. MMI acknowledges that Client, as a public entity, is at all times subject to the state public records act, as now existing or as amended. If Client receives a public records request for all or any portion of this Agreement, including any documents or materials provided to Client under this Agreement, generally such information will be a public record andmust be disclosed to the public records requester. 5.13 Storage and Encryption. During the Term of this Agreement, MMI will store and maintain Client Data and Applicant Data for use and access by Client and its Authorized Users under the terms of this Agreement and the SLA. MMT will ensure industry standard data encryption methods are in place for storage of Client Data and Applicant Data. The encryption shall meet or exceed HIPAA, and CES standards, as well as any other standards stated in MMI's eSOPH Security Overview documentation. 5.14 Backups. MMI shall record snapshot copies of Client Data hourly during the Term and shall record full backup copies of Client Data once per week. Backup copies are stored on both MMI's production server, to enable a quick restore if necessary, and remotely within Amazon Web Services CrovCloud (US). Backup records that are older than one calendar week are automatically purged from MMPs production server. At least three months of backup copies are stored remotely and are automatically purged after three months. MMI uses proprietary software to monitor the automated tasks of Microsoft SQL. 5.15 Payment Card Data, If Client will request or have access to credit card information, Client represents that it is presently in compliance with, and will remahi in compliance with, an approved version of the Payment Card Industry Data Security Standard, developed and published jointly by American Express, Discover Financial Services, JCB, MasterCard Worldwide and Visa International ("Card Issuers") or the PCI Security Standards Council (the "Council"), as applicable, for protecting individual numbers used to identify credit and debit card accounts and other personally identifiable information relating to the use of such credit and debit card accounts ("Cardholder Information"), as the same may be amended, updated, replaced or augmented by the Card Issuers and the Council (the "PCI Standard"). Client acknowledges that it may, in connection with performing its duties in accordance with this Agreement, have access to, or be provided, Cardholder Information. MASTER SovrwARC LICENSE & SERVICES AGREEMENT PACE 8 Or 20 Version: April 12, 2017 25F-10 INC. Client may not commit any act or omission that causes MMI to violate the PCI Standard or to be fined, sanctioned or penalized by Card Issuers, the Council or any third party for the failure to properly protect, secure, maintain, use and store Cardholder htformation. Client further acknowledges and agrees that, as between Client and MMI, all Cardholder Information is, and will remain, controlled by and the responsibility of Client. Client further acknowledges and agrees that Client is solely responsible for the security of Cardholder Information that it possesses or controls. 5.16 Acts or Omissions of Client. MMI shall have no responsibility or liability with respect to, and Client shall solely be responsible and liable for, any Security Incident and any loss, expense, damage, cost, or liability associated therewith, to the extent caused by or resulting from any act or omission of Client or Client's Authorized Users, employees, contractors (excluding MMI), or agents, including without limitation: (a) their loss of control of any device; (b) their failure to maintain the confidentiality of their log -in credentials; (c) their transmission of data via methods that are not secure; (d) any vulnerability in their environment, systems, hardware, software, or physical or administrative security safeguards or procedures; (e) their use of the eSOPH Platform in violation of this Agreement or any Documentation; (f) their failure to obtain adequate release(s), waiver(s), or legally or contractually required consent; (g) Client's failure to maintain hardware and software that are compatible with any updated or security patches released and implemented by MMI; or (h) Client's declining to implement two -factor authentication as described in Section 5,2, 6. REPRESENTATIONS AND WARRANTIES. 6,1 Client represents and warrants that: 6,1.1 Client has full right, power and authority to enter into and perform its obligations according to the terms of this Agreement; 6.1.2 To Client's knowledge, the Client Data does not and will not infr7nge or misappropriate any copyright, patent, trade secret, trademark, or other proprietary right held by any third -party and is 'free of any lien, claim, security interest or encumbrance; and 6.1.3 , Neither Client nor any of its employees has received, offered or provided, nor will it receive, offer or provide, directly or indirectly, any gift, gratuity, favor, entertainment, loan or other thing of monetary value to any employee or agent of MMI as an inducement to do business with MMI. Client further warrants its Authorized Users have not, and will not engage in any collusion with any other potential supplier to secure this Agreement. 6.2 MMI represents and warrants that: 6.2.1 MMT has full right, power and authority to enter into and perform its obligations according to the terms of this Agreement; 6.2.2 To MMI's knowledge, the Software complies with all applicable national, state, and local. laws and regulations and, to MMI's knowledge, does not contain any material that infringes, violates, or misappropriates the Intellectual Property Rights of any third patty, and (ii) to the extent the Software contains any materials subject to third party rights, MMI has obtained any and all necessary clearances, releases, approvals, licenses, or consents from third parties and made any and all required payments to third parties (including without limitation to unions or guilds) so that Client and its Authorized Users can exercise the rights and licenses authorized under this Agreement; 6.2.3 For the Tenn of this Agreement, the eSOPH System will operate substantially in conformance with any written specifications contained in any Documentation and in this Agreement, including the Service Level Agreement attached hereto at Exhibit D, MMI's sole obligation to Client and Client's sole remedy under this warranty is to correct the eSOPH System so it will perforin within any represented specifications or refund the related license fee, whole or in part. This warranty is void if any unauthorized modifications are made to the eSOPH System or if the eSOPH System is not used in compliance with the terms of this Agreement; and MASTER SorrwARE LICENSE & SERVICES AGREEMENT PAGE 9 Or 20 version, _,ipril 12, 2017 25F-11 6.2.4 Except for the limited warranty provided in this Agreement, the eSOPH System and any other MMI products and services are provided "As Is" and MMI disclaims all warranties, express or implied, that may arise either by the Parties' agreements or by operation of law, including without limitation any warranty of merchantability or fitness for a particular purpose. MMT does not warrant the operation of the cSOPH System shall be error or "bug" free or that the eSOPH System will meet the requirements or expectations of Client, its Authorized Users or Applicants, 7. LIMITATION OF LIABILITY, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR USE, INCURRED BY EITHER PARTY OR, ANY OTHER PERSON IN ANY WAY RELATED TO TIIE AGREEMENT, THE PERFORMANCE OF ANY WORD. PURSUANT TO THIS AGREEMENT, OR USE OF ANY SYSTEM, WHETHER IN AN ACTION IN CONTRACT, BREACH OF WARRANTY OR TORT, EVEN IF THE OTHER PARTY OR ANY OTIiER PERSON HAS BEEN ADVISED OF, OR COULD HAVE REASONABLY FORESEEN, TIIE POSSIBILITY OF SUCH DAMAGES. Each Party shall be solely liable for third party claims arising from any willful or negligent act or failures to act, or the errors or omissions, of the Party's owners, officers, employees, agents or contractors. Neither Party shall be liable to the other Party for any claim by a third party, by contribution or otherwise, except to the extent of the respective Party's relative negligence with respect to the claim(s), whether by act or omission. S. NOTIFICATION Or, THIRD PARTY ACTION OR CLAIM. Client shall notify MMI of any third party lawsuit, action, and proceeding or claim brought or threatened by a third party against Client or its employee, subcontractor, or other representative or agent based in part on Client's or an Applicant's use of the eSOPH System, including without limitation (a) claims regarding privacy, security, collection, use, processing, or disclosure of Client Data collected through or stored by the eSOPH System, (b) and claims where it is reasonably likely that MMI will be named as a party or witness. 9. CORRECTIVE ACTIONS. If all or any part of the Software is held, or MMI determines that it could be held, to infringe, wrongfully use or misappropriate any third -party intellectual property -.right, MMI at no cost to Client: (a) will procure for Client the right to continue using the eSOPH System in accordance with its rights under this Agreement; (b) replace the item with a substantially equivalent item that does not infringe, wrongfully use or misappropriate any third -party intellectual property rights; or (c) modify the item (without material loss of functionality) so that it no longer infringes, wrongfully uses or misappropriates any third -party intellectual property right. If MMI is unable to successflilly accomplish any of the actions described above after using its commercially reasonable best efforts to accomplish each of them in a timely manner, then MMI will refund to Client a pro -rated amount of the license fees paid by Client hereunder in connection with the unused portion of its licensed tights to the eSOPH System under this Agreement. The remedies set forth in this Section 9 are client's sole and exclusive remedy and MMI's sole obligation with respect to breach of the warranty contained in Section 6.2.2. 10, INSURANCE. 10.1 Throughout the Tenn MMI, at its sole expense, will carry and maintain: (a) Commercial General Liability Insurance in the amount not less than $1,000,000 combined single limit per occurrence, $2,000,000 aggregate; (b) Stop Gap/Employer's Liability Insurance in the amount not less than $ 1,000,000 per incident; (c) Professional Liability Insurance in the amount not less than $1,000,000 per claim and in the aggregate; and (d) "Cyber" Insurance in the amount not less than $1,000,000 combined single limit occurrence, $2,000,000 aggregate, MMI will have Client added to the MMI Insurance policy and issue a certificate to Client at Client's request. If Client has requested to be added to the policy, MMI will provide to Client a new certificate, each year, if requested by Client. MASTER SOFTWARE LICENSE & SERVICES AGREE44ENr PAGE 10 on 20 Version: April 12, 2017 25F-12 10.2 Client represents it is self-insured or has appropriate insurance to fulfill and maintain its obligations and duties under this Agreement, 11. NOTICES. All notices and requests in connection with this Agreement will be deemed given as of the day they are received either by messenger, delivery service, or in the United States of America mails, postage prepaid, certified or registered, return receipt requested, and addressed to MMI or Client at the address in the preamble of this Agreement or as otherwise specified in Exhibit A, 12. GENERAL TERMS AND CONDITIONS. 12.1 Assignment, Neither Party may assign this Agreement without the prior written consent of the other Party, which such consent may not be, unreasonably withheld. Subject to this Section, this Agreement will inure to the benefit of and be binding upon the heirs, successors, subcontractors, and assigns of the respective parties. 12.2 Compliance With Laws. Each Party will, at its expense, obtain all permits and licenses, pay all fees, and comply with all federal, state and local laws, ordinances, rules, regulations, codes and orders applicable to its performance under this Agreement. 12,3 Construction. I£ for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, then that provision of the Agreement will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. No waiver of any breach of any provision of this Agreement wilt constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver will be effective unless made in ATiting and signed by an authorized representative of the waiving party. This Agreement has been negotiated by the parties and their respective counsel and will be interpreted fairly in accordance with its terms and without any strict construction in favor of or against either party. 12.4 Governing Law. This Agreement will be governed by, and construed in accordance with the laws of the state Client is located in, as applied to contracts performed therein but without reference to its choice of law rales, or The federal laws as applied to contracts performed with the United States government. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly disclaimed. 12.5 Beadings. The headings and sections in this Agreement and any exhibit, are for convenience and will not be construed to define or limit any of the terms or affect the meaning or interpretation of this Agreement and any exhibit. 12.6 Independent Contractor. MMT and Client are independent contractors under this Agreement, and nothing in this Agreement may be construed to create a partnership, joint venture, franchise or agency or fiduciary relationship between them. Neither Party has any authority to enter into agreements or make any representations of any ]rind on behalf of the other Party. 12.7 Nonexclusive Agreement. It is expressly understood and agreed that this Agreement does not grant to Client any exclusive privileges or rights, and MMI may contract with other clients and customers. 12.8 Counterparts, This Agreement may be executed, in one or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. The parties agree that any facsimile copy, including those exchanged electronically as a .pdf, of a signed counterpart of this Agreement will be treated the same as a signed original of this Agreement. 12.9 Entire Agreement. This Agreement together with any exhibits attached hereto contains the entire understanding of the Parties with respect to the transactions and matters contemplated herein, supersedes all prior and contemporaneous agreements or negotiations between Client and MMI concerning the subj ect matter hereof, and cannot be amended except by a writing dated subsequent to this Agreement and signed by both Parties. To the extent the terms mid conditions of this Agreement conflict with the terms and conditions of an exhibit, the MASTER SOGTwA'RE LICENSE & SERVICES AGREEMENT PAGE 11 OF 26 Version: April 12, 2017 25F-13 INC. terms and conditions of this Agreement will control. No course of dealing or usage of trade may be invoked to modify the terms and conditions of this Agreement. 12.10 Copies Shall Be Considered Originals. Any complete, legible signed copy of this Agreement shall be considered an original. 12.11 Signing Authority. Client represents and warrants the person executing this Agreement is a duly authorized officer or representative of the Client, and has fall authority to execute this Agreement, including any amendment thereto, for and on behalf of Client. Client understands that it is fully responsible to ensure the authority of its signatory under to this Agreement and is responsible for any actual or consequential damages incurred by MMI in the event of a breach of this Section by Client, IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed by their respective duly authorized representatives. Miller Mendel, Inc. By: Nmne: Tyler Miller Title: CEO City of Santa Ana By: Name: Cynthia Kurtz Title: City Manager Date: May 18, 2017 Date: For Miller Mendel, Inc., copy of Notice(s) to: Mark Beatty Rylander and Associates 406 W. 121h St. Vancouver, WA 98660 MASUR SOFTWARE LICENSE & SERVICES AGREEmEN'T Version: dppi112, 2017 For Client, copy of Notice(s) to: Chiefs Office Santa Ana Police Department 60 Civic Center Plaza Santa Ana, CA 92701 25F-14 PAGE 12 OF 20 MILLER MENDEL, INC. CITY OF SANTA ANA: ATTEST: M51FRO �MCl�lY \�# Clerk of the Council APPROVE, D AS TO FORM[: SONIA R. CARVALiiO City Attorn y �/ ✓—a �. By: TAMARABOGOSTAN Selnior Assistant City Attarn,ey RECOMM[.ENDED E'OR APPROVAL: JIM SCHNABL, Mid of Police MASTER SOFTWARE LICENSE iez SERVICES ACREEIDIENT Persiow April 12, 2017 25F-15 PAGE 13 OF MILLER MENDEL, INC. Exhibit A CONTRACT TERM PRICING AND OTHER CLIENT SPECIFIC TERMS Unless otherwise defined herein, all capitalized terms in this Exhibit A shall have the same meaning given to them in the Master Software License and Services Agreement (the "Agreement") to which these terms are attached, 1) CLUA:NT NAME AND PRIMARY ADMINISTRATIVE USER. Name: Santa Ana Police Department Adatin: Laura Franks Email: Lfranksjelsanta-ana.org Phone: (719) 245.8036 2) LICENSE TERNI(S), FEES, INCLUDED DATA STORAGE FOR THE TERM. LicenseTermI s) , Tee for Entries , Fee for Support Tee for Setup Data Storage June 21, 2017 — Jane 20, 2018 $12,757.50 for 315 Entries $1,914.00 N/A 4,7 GB Jane 21, 2018 —Jane 20, 2019 TBD TBD TBD TBD June 21, 2019—June 20, 2020 TBD TBD TBD TBD For the License Terms listed above, the total value sball not exceed $50,000.00 USD. 2.1 Client Set-up. Upon receipt of this fully executed Agreement and Client's purchase order, MMI will begin the set-up process of Client on the eSOPH System in accordance with the terms of the Agreement. If Client requests the setup date and time be changed from what was originally stated by Client, Client is responsible for reimbursing MMI for all costs MMI incurs in malting the travel arrangement adjustments. Additionally, Client will also be responsible for paying a $200,00 travel arrangement change fee to MMI. MMI will provide records showing the costs MMI incurred. 2.2 Additional Training. After the initial training (up to two days/16 hours) has been completed, additional training requested by Client will be billed to Client at a rate of $200.00 USD per hour. It's agreed additional onsite training will be billed at a minimum of 8 hours, plus travel, meal and lodging expenses. Requests must be received by MMI in writing from the User listed above in Section 1, his or her successor, or higher supervisor. MMI reserves the right to charge $200,00 USD per hour for all off-site/remote training, with a one hour minimum. 2.3 Corrective Services. MMI reserves the right to Invoice Client $200.00 USD per hour for any corrective services Client requests. Corrective Services are typically services needed by Client from MMT to correct a mistake made by Client's Authorized Users, which cannot be corrected by Client through the User Interface. Requests must be received by MMI in writing from the User listed above in Section 1, his or her successor, or higher supervisor. A one hour minimum will be charged for Corrective Services performed by MMI, which do not require travel. Corrective Services which requires MMI to travel will be billed at $200.00 USD per hour, with an eight (8) hour minimum charge, plus all costs and expenses. 2.4 Entries. MASTER SOFTWARE LICENSE & SERVICES AGREEMENT PAGE 14 OF 20 Version: April 12, 2017 25F-16 MILLER MENDEL, INC, (i) Client will be invoiced for all Entries in the current License Term on the first day of training and setup. Client agrees to pay the invoice in accordance with Section 3 of the main Agreement, Client may purchase additional Entries one time during each License Term without incurring an administrative fee, however Entries added thereafter during a given License Tenn will automatically incur an additional twenty percent (20°%) administrative fee. If the purchase is for 300 or more Entries, the administrative fee will be waived. (ii) Client may carry over the unused Entries from the previous License Tenn to the following License Term, only when eligible. To be eligible, MMI must receive full payment of any outstanding balances and a written request for the used Entries to cant' over, prior to the last day of the current License Term. There may be no gap in License Tereus, No data storage credit will be carried over with unused Entries. 2.5 Data Storage Overage. At no additional fee for the current License Term, Client shall be provided with the data storage amount set forth in Section 2 above ("Included Data Storage"). Data storage space used in the current License Term in excess of this amount will be charged at the rate of $15.00 gigabyte (GB) per month. Billing intervals for Data storage will be done at the discretion of MMI, but not more often than every three (3) months. Data storage is calculated by the space used by Client on the main database, only; space used for backups is not invoiced. Due to time zone differences, data usage calculations may vary by up to three hours. 2.6 Fee for Support. The fee paid for support listed above in Section 2 shall obligate MMT only to provide support as defined in Exhibit B to the Primary Administrative User listed in Section 1. If client wishes designate more than one Primary Administrative User to be active concurrently, then Client shall pay an additional 10% of the total sum of the fees listed above in Section 2, per additional Primary Administrative User position, per License Term. 2.7 Timing ofZnvoices. Fees for the initial training and setup shall be invoiced upon the parties' execution of the Master Agreement. Annual fees (e.g., for Entries and any additional licensing, support, or maintenance fees) will be invoiced on or up to thirty (30) days prior to the beginning of each License Term. All other professional services fees (e.g., for additional training or corrective services) may be invoiced either in advance or after such services are performed or provided. MASTER SOFTWARE LICENSE & SERVICES AGREEMENT Version: April 12, 2017 25F-17 PAGE 15 of 20 INC. Exhibit B SERVICE LEVEL AGREEMENT This eSOPH Service Level Agreement ("SLA") is part of a Master Software License and Services Agreement (the "Master Agreement") by and between Miller Mendel, Inc. ("MMI") and the entity identified as a Client. therein ("Client"). 1. DEFINITIONS. Except for the terms defined below, all initially capitalized terms used in this SLA will have the meanings described within the body of this SLA. Capitalized terms used but not defined herein have the meanings given to them in the Master Agreement. As used herein, the following terms have the following meanings: "Available" or "Availability" means that the eSOPH System is: (a) available and accessible for use via the web -based interface provided by MMI, provided that Client has an operational Internet connection and all compatible hardware and software, including web browsers, required to access and use the eSOPH System; and (b) functioning in substantial compliance with the Master Agreement and the Documentation. "Defect" means a failure of eSOPH System to substantially conform to the functional specifications set forth in the Master Agreement or the Documentation. "Documentation" means any training materials, product descriptions, technical descriptions, flow charts, or other written or other tangible documentation provided or made available to Client by MMI that describes or depicts the functionality of the eSOPH System. "Service Credit" means a credit or refund issued pursuant to Section 3.2 of this SLA for failure to meet the Availability standards set forth in this SLA. "Software Fees" means fees paid for Entries, licensing fees for access to the oSOPH System, and any fees paid for maintenance and support allocable to a given calendar month. Such fees that are paid on an annual basis shall be pro -rated (e.g., fees paid for a I year License Term shall be divided by 12 to determine the monthly amount) Software Fees allocable to a given month. Software Fees excludes fees paid for professional services (e.g., training, customization, set-up, or installation) and fees paid for corrective work outside the scope of the Support Services described in Section 2 of this SLA. "Support Request" means a written request for resolution of a Defect submitted by Client to MMI. "Support Services" means the support and maintenance services described in Section 2 of this SLA. 2. SUPPORT SERVICES 2.1 Scope of Support Services. MMI shall provide the following services (the "Support Services") with respect to the eSOPH System: 2.1.1 MMI will use its commercially reasonable efforts to: (i) maintain the eSOPH System so that it operates without Defects; (ii) host and make the eSOPH System Available at all times excluding Scheduled Downtime; and (iii) cure or minimize the adverse impact of any Defect as soon as is reasonably practicable after such Defect is reported in accordance with this SLA. 2.1.2 Subject to Client's maintaining suitable environments and systems that are compatible, MMI shall provide, install, and implement, as they become available, any bug fixes of the eSOPH System that are provided by MMI free of additional charge to all licensees of the eSOPH System. MASTER SOFTWARE LICENSE & SERVICEs AGREEMENT PAGE 16 OF 20 Version: April 12, 2017 25F-18 MILLER MENDEL, INC, 2.2 Excluded Services, The Support Services do not include any of the following: (a) configuration of other applications required to access eSOPH System, including, but not limited to operating systems, firewalls, or networking components; (b) Client's ongoing training needs; (c) version upgrades of 3's party software used in connection with the eSOPH System; (d) enhancements, modifications, or customization to the eSOPH System performed at the Client's request and not intended to resolve a Defect; (e) any version or release of the eSOPH System that MMI may issue as a separate edition, including an alternative or premium version of eSOPH System for which additional fees may be required to access; or (i) resolution of Defects caused by any of the events described in Section 4 below. 2.3 MMI Support Hours . MMI will provide email support between the hours of 09:00 and 17:00 Pacific Time, Monday through Friday, excluding holidays. 2.4 Support Request Requirements. Client must comply with all of the following requirements as a condition to receiving Sport Services, 2.4.1 Attempted Resolution by Primary Administrative User(s). Client's Primary Administrative User shall act as the first line of support to troubleshoot any Defects experienced by Applicants and Authorized Users, Only when the Primary Administrative User cannot resolve the Defect should a Support Request be submitted to MMT. If a Defect is reported to MMI that the Primary Administrative User, based on the initial training provided by MMI concurrent with setup of Client's account to access the eSDPH Platform, should have been able to resolve without MMI's assistance, MMI may, in its sole discretion, (a) refer such Defect back to the Primary Administrative User for resolution and/or (b) charge Client MMI's then -standard hourly rates for MMI's resolution of such Defect. A minimum of one hour will be invoiced, regardless of time actually needed. 2.4.2 Submission by Primary Administrative Users. All Support Requests must be submitted by and through a Primary Administrative User; MMI is not required to respond to or resolve any Support Request that is submitted by a person other than a Primary Administrative User. 2,4.3 information Required in Support Request. Each Support Request must include the following information, at a minimum ("Minimum Required Information"): (a) Client's reasonable, good faith classification of the priority (Haigh, Medium, or Low) of the reported Defect in accordance with the priority levels and definitions contained in Section 2,6 below, with explanation; notation of their title; (b) Naives of Applicants, References and. Authorized Users involved with clear (c) Date and time of each occurrence; (d) Computer operating system used by party empiercing the defect; (e) Name of internet browser and version; (i) Specific steps to allow MMT personnel to recreate the issue; (g) Exact wording of any error message received, URL or name of page it was received on, or a screen shot of the error; (h) A description of all steps previously completed to resolve the defect; and (i) If MMI has permission to contact the party directly, if needed. Include contact information, MASTER SorTwARE UcEmr & SICRVICCS AGREEMENT rasion; April 12, 2017 25F-19 PAGE 17 Or 20 MILLDR 2.4.4 Additional Information. In addition to the Minimum Required Information listed above, Client shall promptly provide MMI with such other information, files, and records related to the Defect that MALI reasonably requests. 2.4.5 Access to Systems. Subject to Client's applicable security requirements, Client shall provide MMI with access to and use of all systems and environments determined necessary by MMI to provide timely Support Services pursuant to these terms. If Clien t is unable to provide access, [lie Parties agree MMI may decline to fix the defect if a reasonable alternative is not available to MMI. 2.5 Response Times. MMI shall provide an initial response acknowledging each complete and validly submitted Support Request no later than I business day after it is received. 2.6 Resolution Targets and Priority Levels. MMI will prioritize resolution of Defects according to their severity, and not necessarily based on the order in which they were reported. Defects reported in Support Requests shall be classified using the priority levels and definitions set forth in the table below. Although Client is required to propose a priority level in its Support Request, MMI may reclassify the priority level of a Defect in its sole reasonable discretion, and such determination by MMT shall be final and controlling. MMI shall use its best commercially reasonable efforts to cure Defects within the targe[ resolution times set forth in the table below, which periods of time shall commence when a Support Request containing all Minimum Required information is submitted. MMI shall have no obligation to respond to or resolve a Support Request (other than notifying Client that the Support Request is incomplete) unless and until all Minimum Required Information is provided. Priority Levels and Definitions ��nsylty i{_. r'tJtl ��y ,�,DESe'l1IItI0�Tl i:i�I�F�d Y�p i &� �9 �� R i' T+�i ki�S C� y syTarget Rerso�gt}9n'�b`tne M` lt_ High: A Defect is High priority if it (a) prohibits utilization of 24 hours Complete some or all functionality of the eSOPH System by all or outage or most Authorized Users or Applicants; (b) has a serious severe impact potential impact to Client's business (e.g., an impacted to Client's business function is halted completely); and (b) no business reasonably effective workaround is available. function Medium: A Defect is Medium priority if it has a moderate impact on 3 Business Days Partial outage Client's business or it has a potentially serious impact but or a a reasonably effective workaround is available. For workaround example, a Defect would have Medium priority if it only a available small group of Authorize Users or Applicants aro affected, or an impacted business function is not halted completely but is merely inconvenienced, or the issue can otherwise be circumvented by a reasonably effective and available workaround (e.g., use of a different web browser), other work functions can be completed in the meantime. Low: Cosmetic A Defect is Low priority it is merely cosmetic or has a 10 Business Days issue, cosmetic negligible impact to Client's business functions, or other defect work functions can be completed in the meantime. 3. AVAILABILITY STANDARDS MASTER SOFTWARE LICENSE & SERVICES AGREETYfENT Version: April 12, 2017 25F-20 PAGE 18 OF 20 MILLER 3.1 Scheduled Downtime. MMI shall strive to avoid andminimize disruptions to the availability and functioning of the eSOPH System. The eSOPH System may be unavailable for scheduled backup and system maintenance ("Scheduled Downtime") daring off-peak hours between the hours of 22:00 and 03:00 am PST (the "Maintenance Window"), MMI may adjust the Maintenance Window to occur between the hours of 19:00 and 03:00 am Pacific Time by providing Client with at least 24 hours' notice posted on the lag -in screen of the eSOPH System. MMT shall use its best commercially reasonable efforts to schedule all planned downtime during such Maintenance Window. If emergency maintenance must be performed on the eSOPH System which, in MMI's sole discretion, cannot wait until the normal Maintenance Window, MMI will promptly notify Client of such lack of Availability (in advance, if possible) and undertake reasonable commercial efforts to minimize the impact and duration of any such maintenance activity. Any such downtime for maintenance occurring outside the Maintenance Window shall not be deemed Scheduled Downtime for purposes of calculating the Availability percentage described in Section 3.2 below. 3.2 Uptime Guarantee; Remedies for Excessive Downtime. MMI shall provide Availability of the eSOPH System at least 99% of the time, excluding Scheduled Downtime and lack of Availability caused by the events described in Section 4 below. In the event the Availability of the eSOPH System falls below 99% in any calendar month, MMI will issue to Client a service credit ("Service Credit") in the form of additional Entries equal to the percentage of Entries purchased by Client for the calendar month (Entries per current License Term divided by the total months in the respective License Term) set forth in the table below corresponding to the actual Availability of the Software. To receive Service Credits, Client must submit a written request to MMI within 15 days after the end of the calendar month in which the eSOPH System failed to achieve 99% Availability, or Client's right to receive Service Credits with respect to such unavailability will be waived. The remedies stated in this section are Client's sola and exclusive remedies and MMI' sole and exclusive obligations for service interruption or lack of Availability. Availability is measured by the following formula: x= (n - y) * 100 / It "x" is the Availability percentage; "n" is the total number of hours in the given calendar month minus Scheduled Downtime; and "y" is the total number of downtime hours, excluding Scheduled Downtime and downtime caused by the events set forth in Section 4 (Exclusions) below in the given calendar month. Availability Percentage of Monthly Software Fees Credited > 99.D% 0% 95.0%-<99.5% 3% 90.0%-<95.0% 5% 80.0%-<90.0% 10% < 80.0% 15% 4. Exclusions. MMI shall not be responsible for resolving and expressly disclaims liability and responsibility for lack of Availability or Defects to the extent caused by any of the following: (a) Client's negligence, abuse, misapplication, misconfiguration, or misuse of eSOPH System, including use of the eSOPI"I System in violation of the Master Agreement or any written instructions provided by MMI to Client from time to time; (b) Use of cSOPH System with any hardware, operating system version or network environment that is not supported by MMI, or other problems resulting from defects in Choru's or a third party's software or hardware; or MASTER SOFTWARE LICENSE & SERVICES AGREEMENT Perslon: April 12, 2017 25F-21 PAGE 19 or 20 INC. (c) .Problems with Client and/or its Authorized Users' telecommunications systems, Client and/or its Authorized Users' internet service provider, or the public internet to the extent affecting internet performance on a general basis (e.g., such as a regional outage), natural disasters, denial of service attacks, acts of terrorism, labor strikes, any other force majeure event, or any other event reasonably beyond MMI's control. MASTER SOFFWARE LICENSE & SERVICES AGREEMENT Version: April 12, 2017 25F-22 PAGE 20 OF 20 REQUEST FOR COUNCIL ACTION MilfK4d•19.DiIPiles*l►.[e7J_vl=; JUNE 20, 2017 TITLE: AGREEMENT WITH LINEAR SYSTEMS FOR ANNUAL MAINTENANCE AND SUPPORT OF POLICE DIGITAL IMAGING SYSTEM {STRATEGIC PLAN NO. 1, 3A} CITYd AN GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a one-year agreement with Linear Systems, with two optional one-year extensions, for the maintenance and support of the Digital Imaging Management System (DIMS), for the period of July 1, 2017 through June 30, 2018, in an amount not to exceed $33,000, including a $10,000 contingency, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Police Department's Digital Imaging Management System (DIMS) was purchased in 2004 using Urban Area Security Initiative (UASI) funds and allows crime scene images to be captured and stored digitally. It currently houses nearly 600,000 crime scene photographs and a significant amount of hours of crime scene video and audio footage. This system is a compulsory investigative tool that assists in the successful documentation of extensive crime scenes. The DIMS system used by the Police Department was developed by Linear, thereby making Linear a proprietary source for system maintenance and updates. The DIMS system is of paramount importance to criminal investigations and its maintenance, continued security, and storage redundancy is essential for the Police Department's Forensic Services section. The current vendor, Linear Systems, has been accommodating, professional and consistent in it's servicing of the system and staff recommends renewal of their agreement. The base agreement will be for a one-year term in the amount of $33,000, which includes a $10,000 contingency for unanticipated system modifications. The one-year term will cover the period of July 1, 2017 through June 30, 2018. The Police Department has begun an extensive records management software integration that has the potential to replace the DIMS system. Until that project is complete and _full integration is evaluated, the DIMS system must remain operational. This agreement will provide the Police Department with the option of exercising two, one-year extensions, should the new software not be ready for use by the Police Department. 25G-1 Agreement with Linear Systems June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #1 Community Safety, Objective #3, Promote fiscal accountability to ensure financial responsibility at all levels of the organization, Strategy 3a, Continuously evaluate and assess fiscal aspect of service delivery to ensure that the Police Department provides programs and services efficiently and effectively. FISCAL IMPACT Funds in the amount of $33,000 will be budgeted in the Police Department's FY 2017-18 Forensic Services contract services account (no. 01114455 62300). IjvS Jd&nes Schnabl Acting Chief of Police Santa Ana Police Department APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Mgt. Services Agency 25G-2 MAINTENANCE AND SUPPORT AGREEMENT THIS MAINTENANCE AND SUPPORT AGREEMENT, made and entered into this 1$` day of July, 2017 by and between Linear Systems (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a Contractor having special skill and knowledge in the field of providing maintenance to and support as necessary for the Police Department's digital imaging management system (DIMS) which maintains all photograph, video and audio evidence for the Police Department. B. Contractor represents that Contractor is able and willing to provide such services to the City. C. Contractor has provided maintenance and support for the DIMS system since it was originally purchased in 2004. 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 provide maintenance and support as needed to the DIMS system as outlined in the attached Exhibit "A". This shall include a one year warranty for enhanced digital acquisition station, image server, forensic services field personnel kits, and two forensic services lab kits. It shall also include on-site maintenance and support for the data base case management rack server, PDD library and digital output devices. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $33,000.00 over the term of this Agreement. This includes a $10,000 contingency for unanticipated system modifications. b. Payment by City shall be made within thirty (30) 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. 25G-3 3. TERM This term of this Agreement shall be for a one year (1) year period commencing on July 1, 2017 and terminating on June 30, 2018, unless terminated earlier in accordance with Section 12 of this Agreement. The term of this Agreement may be. extended for two (2) additional one (1) year terms upon a writing executed by the City Manager and the City Attorney, 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended 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 Contractor perforans the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. Contractor shall supply City with a fully executed additional insured endorsement in substantially the form attached hereto as Exhibit C upon execution of this Agreement and shall be approved in form by the City Attorney. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work imder this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 25G-4 c. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. d. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish 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 effect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Contractor agrees to 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and 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 25G-5 all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to inibnnation disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not acquire any interests, direct or indirect, which would conflict in any manlier with performance of services specified under this Agreement. No persons having such interest shall be employed by or associated with Contractor. 9. 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 telefacsimile or other telegraphic communication in the mariner 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: an Chief of Police, Santa Ana Police Department City of Santa Ana 60 Civic Center Plaza (M-97) P.O. Box 1988 Santa Ana, California 92702 Fax (714) 245-8007 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 25G-6 Fax (714) 647-6515 To Contractor: Linear Systems 8403 Maple Place Rancho Cucamonga, California 91730 Fax (909) 899.4346 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, any 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 telefacsimile, 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. 10. 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 terns 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 Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 12, TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice. 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: 25G-7 a. As a condition of such payment, the Police Chief may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of perfonnance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the laws of the State of California. 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. 15. COMPLIANCE WITH GOVERNMENTAL REQUIREMENTS Contractor shall carry out all services pursuant to this Agreement 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, and of any other political subdivision, agency, or instrumentality exercising jurisdiction over the City. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. 25G-8 ATTEST: MARIA HUIZAR Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By; Ta aogosian Assistant City Attorney CITY OF SANTA ANA CYNTHIA J. KURTZ hiterim City Manager CONTRACTOR LINEAR SYSTEMS By: _ (Name) 7 25G-9 Tax. ID ## EXHIBIT A 25G-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AGREEMENT WITH CULVER- NEWLIN/MCMAHAN BUSINESS INTERIORS FOR SPACE PLANNING AND IMPLEMENTATION FOR THE PUBLIC WORKS AGENCY (STRATEGIC PLAN NO. 7, 6) CITY M AGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Culver- Newlin/McMahan Business Interiors, for the one-year term beginning June 21, 2017, through June 20, 2018, to provide Space Planning and Implementation services for the Public Works Agency City Yard offices, in an amount not to exceed $159,000, including a 15 percent contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney. 2. Reject the sole bid for Space Planning and Implementation services for the Public Works Ross Annex offices and reissue a new Request for Proposals for the same service. The Public Works Agency Administrative Services Division is nearing completion of a reorganization plan that began implemented in FY 15/16. The reorganization included four new staff members and two contract employees for Capital Improvement Program project management and GIS Program implementation. The FY 17/18 Budget proposes two additional administrative support staff members (one part-time and one full-time). The ideal location for these employees is on the same floor with the Administrative Services Division. To provide adequate office and work areas, the reconfiguration of approximately 3,423 square feet of office space is needed to create and/or repurpose six enclosed offices, and add six cubicle workspaces to accommodate new and relocated staff, and to reconfigure the Executive Director's office. The Water Resources and Maintenance Services divisions are also looking to maximize workspace at the City Yard Public Works Administration Building. These plans include redesigning approximately 1,500 square feet on the first floor to accommodate 20 cubicle workspaces and 500 square feet on the second floor for up to 9 cubicle workspaces. On May 9, 2017, staff issued a Request for Proposals (RFP) (Exhibit 1) for Space Planning Services on the City's website. The Scope of Work included separate Planning and Design, and furniture procurement and installation for the Ross Annex and City Yard locations. Ten firms attended the 25H-1 Agreement with Culver-Newlin/McMahan Business Interiors for Space Planning & Implementation Services June 20, 2017 Page 2 mandatory job walk on May 15, 2017. Proposals were due on May 31, 2017, and 1 proposal was received from Culver-Newlin/McMahan Business Interiors (Exhibit 2). The proposal was evaluated and received a score of 89.8 from a review committee comprised of staff from the City's Public Works and Finance & Management (Building Maintenance) agencies. The rating criteria included relevant project experience, implementation schedule, firm and team experience, understanding of the scope of work, references, and fee. For the City Yard location, staff recommends entering into a one-year agreement with Culver -Newlin/ McMahan Business Interiors for Space Planning and Implementation services, in the amount of $138,228.50, plus a 15 percent contingency of $23,771.50, for a total not -to -exceed amount of $159,000 (Exhibit 3). This award is based on the firm's experience with similar work, understanding of the project scope, and the proposed fee and delivery schedules. For the Ross Annex location, staff recommends rejecting the sole bid and reissuing the RFP. This scope of work for the Ross Annex location is more extensive than the City Yard project and involves reconfiguration of existing office space. It is anticipated that a new bid will result in more participation and more competitive pricing. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #7 - Team Santa Ana, Objective #5 (create a culture of innovation and efficiency within the organization). ENVIRONMENTAL IMPACTS There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $159,000 are available in the Public Works Admin Services Contract Services - Professional account (No. 10117601-62300) for encumbrance in FY 2016/17 and expenditure in FY 2017/18. XreMouslvli�pou=r�� Executive Director Public Works Agency 3L/1&I>ITIA APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Request for Proposals (RFP 17-057) 2. Culver -Newlin Proposal for City Yard Location 3. Agreement 25H-2 REQUEST FOR PROPOSALS (RFP) FOR SPACE PLANNING SERVICES RFP NO.: 17-057 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Margaret Mercer Project Manager (714) 647-5050 Office mmercera,santa-ana.org KEY RFP DATES (Subiect to change at discretion of City): Issue Date: Letter of Intent: Mandatory Pre -Proposal Job Walk Deadline for Requests for Information: Proposal Due Date: Projected Award Date: Tuesday, May 9, 2017 Sunday, May 14, 2017 Monday, May 15, 2017; 2:00 p.m. Wednesday, May 17, 2017 Tuesday, May 23, 2017; noon Tuesday, June 6, 2017 Exhibit 1 25H-3 Fred Mousavipour Executive Director Public Works Agency NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for Space Planning Services. Responses to this Request for Proposals (RFP) will be accepted until Tuesday, May 23, 2017 at noon. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR SPACE PLANNING SERVICES RFP NO. 17-057 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Margaret Mercer Public Works Agency; 20 Civic Center Plaza; 4th Floor Reception, Ross Annex Santa Ana, CA 92701 MANDATORY PRE -PROPOSAL JOB WALK A mandatory pre -proposal job walk is scheduled for this contract as follows: • Monday, May 15, 2017 at 2:00 p.m. City of Santa Ana 20 Civic Center Plaza, Santa Ana, CA 92701 Meet in Lobby near Public Works Counter. The job walls will include a discussion of the project, an overview of the City's expectations of the awarded contractor, and an opportunity for prospective proposers to view the job site and ask questions of City staff on any matter in the RFP. Questions and answers deemed to be of interest to all prospective proposers will become addenda posted on the City's bid management and publications website. It is the proposers' responsibility to check the site for that information and any other information pertinent to the RFP. City will make every effort to post the questions and answers within two (2) business days of the job walk. Proposers' operation/field supervisors are strongly encouraged to attend the job walk. Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. City of Santa Ana RFP 17-057 25HL4 All notifications, updates and addenda will be posted on the City's RFP Bid page at www.santa- ana.ore/bids-rfps. 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. LETTER OF INTENT - Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email and shall include the following information: 1. Use formal company letterhead. 2. Indication of company interest in the RFP. 3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP. 4. Provision of correct, complete contact information. City of S�14a. � 17-057 TABLE OF CONTENTS INTRODUCTION /PROJECT DESCRIPTION 11. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL MEETING 1. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2. SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS TV. PROPOSAL REVIEW (CONSULTANT SELECTION ATTACHMENT I: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATIONS City of Santa Ana RFP 17-057 2 5H'=6 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI. IMPLEMENTATION A. KICK-OFF MEETING B. NOTICETOPROCEED VII. PUBLIC RECORDS VIII. APPENDIX ATTACHMENT I: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATIONS City of Santa Ana RFP 17-057 2 5H'=6 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Work: The City of Santa Ana is seeking space planning services for a portion of the Ross Annex 4ch Floor, and portions of the City Yard Administration Building 1" and 2"d Floors. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1. Number of Proposals and Signature: Four (4) hard copies and one (1) digital file on labeled USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11 -point Arial. Proposal exhibits shall be maximum 11" x I7". Proposal Evaluation and Rating: The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 15% • Understanding of Need 15% • Relevant Project Experience 20% a Schedule 20% • References 15% • Fee* 15% * Fee is a weighted consideration for award. However, it is not the only consideration. The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers. Prevailing ge: The Director of Industrial Relations has determined that labor services performed on proiects under this contract are subiect to prevailing wage. • 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 proposes only under Labor Code section 1771.7 (a)] • Under the provisions of SB854 the City of Santa Ana may not accept a bid from, or enter into a contract for any public work with any contractor not currently registered with the DIR. For additional information visit the Department of Industrial Relations website at www.dir.ca.goy/ptiblie-works/Contr,,ictors. City of Santa 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 contract/project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. City of Santa Ana RFP 17-057 P26H'8 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact: The selected proposer will assume responsibilities for all services in its proposal. The selected proposer shall identify a sole point of contact 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. Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) no fewer than five (5) calendar dUss prior to the date and time set for opening of proposals. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. 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 website, santa-ana.ora/bids-rfps as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. City of Santa G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded. The packet is available on the City's website: Santa-ana.ore/bids-rfns. H. PRE -PROPOSAL MEETING Should a pre -proposal be scheduled, the date, time and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question -and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract 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. 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. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors. J. BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non -responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 1 I-1 M. SUBMITTAL REQUIREMENTS FW- 00eI"L7•\i 1. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. 2. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B. PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. 1, STATEMENT OF QUALIFICATIONS a. Cover Letter — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the Agreement attached herein as Attachment 2 in the Appendix. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. 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 for an interview. d. Understandine of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work. This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. e. Relevant Project Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, �PA17A 57 year completed, client name, along with a person to contact and their telephone number. f. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. FEE PROPOSAL: The 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, 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 fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding. 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit • Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the contract to the proposer who will provide the best value to the City. City reserves the right to begin negotiations and enter into a contract without interview or further discussions. of Santa Ana RFP 1 2OH-1 V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of a contract to the proposer providing the best value to the City. B. EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. ICCK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all required bonds, insurance documents and contents of the Information Packet have been received and approved. For "On -Call" contracts, Consultant will be notified by individual City Project Managers on a case-by-case basis to request project/task specific proposals. Written NTPs will be then issued accordingly. VILPUBLIC RECORDS 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 information shall be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. Appendix ATTACHMENTI SCOPE OF WORI{ CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPACE PLANNING RFP NO.: 17-057 Introduction and Background: The City of Santa Ana Public Works Agency requests proposals for office space planning, design, and furniture procurement services in order to reconfigure current office space to meet the business objectives of the Department. Description of Work: The Public Works Agency is seeking a space planning professional to provide space design and furniture procurement services in order to reconfigure an area of approximately 3,680 square feet located on the 0 floor of the Ross Annex. The goal is to include nine (9) enclosed offices, one enclosed conference room and 8 cubicles to maximize the current workstation layout efficiency. In addition the same services are required for an area of approximately 2,000 square feet located in the PWA Administration building located at 220 S. Daisy Street. (First floor is approximately 1,500 square feet and will require twenty (20) cubicles, second floor is approximately 500 square feet and will require conversion from four to six cubicles, with the potential of converting an additional office to three (3) cubicles). The project is to include planning and design, furniture procurement and installation. One proposal for all services is required. Phase I - Planning and Design Basic design services shall include the following responsibilities and deliverables at a minimum, and any additional responsibilities reasonably necessary and customarily provided by design and space planning professionals. • Meet with City staff as needed for space requirements and project coordination. • Assess the selected area to determine the most favorable office space configuration to achieve or exceed the proposed goals, • Make suggestions for any other changes to the use of space that the Department should consider but has not yet identified. • Evaluate and include existing furniture systems and other existing office furnishings in the new space design, where practical. • Develop design and drawings for the floor plan and office layout, and furniture specifications including cost estimates and timelines. Phase II — Furniture Procurement and Installation • Procure furniture that is equivalent to the current standards utilized by the Department. • Ensure furniture is delivered and installed in-line with the approved floor plan and in coordination with approved timelines. • Compile a notebook of all product and furniture warranty information and where necessary, file the appropriate documents to ensure all warranties are activated. City of Santa Ana RFP 25HA- '4 Please include in your pricing structure the following: space planning, hourly rate, cost of furniture, construction, delivery, and installation. Addition/Alternate Pricine Power distribution, telephone, and network wiring is to be separately priced, and to be completed as turn -key. City of Santa Ana RFP 2P9-1 U Appendix ATTACHWNT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 2017 by and between '(hereinafter "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 (hereinafter "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. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed $ in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18. 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#) yearterm with the option for the City to grant up to a number (g) -year renewal option(s) exercisable by the City Manager and the City Attorney, unless terminated earlier in accordance with Section 15, below. City of Santa Ana RFP Page A2-3 25H-16 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. 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 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 insured's 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 City of Santa Ana RFP Pa a A2-4 25 -17 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 famished to the City upon execution of this Agreement and shall be approved by the City. iii. Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. iv. 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. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any work performed or services provided under this Agreement arising out of, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to City of Santa Ana RFP Page A2-5 25H-18 all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. Conflict may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. City of Santa Ana RFP Pa a A2-6 25i-19 12. DISCREMNATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. 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. 14. 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. 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. City of Santa Ana RFP Page A2-7 25H-20 16. 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. 17. 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. 18. PAYMENTS & INVOICES a. 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. b. Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and/or Task Order number and/or name (if applicable) viii. Work site address/location (if applicable) ix. Tasks or deliverables completed and percentage (%) of total services completed. X. Remaining Overall and Task Order budget available Er`�u [�Y�l� �11:�►1 uL117F ' : � %�yZ17► a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. 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. C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. City of Santa Ana RFP Page A2_8 25-21 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Cleric 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: Fred Mousavipour Sonia R. Carvalho Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-21) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714- 647-5635 Fax: 714- 647-6515 To Consultant: Title Consultant Firm Name Address City, State, Zip Fax: 949-477-4102 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. City of Santa Ana RFP Page A2-9 25H-22 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Robert Cortez Deputy City Manager CONSULTANT: (name) (title) Tax IN City of Santa Ana RFP Page A2-10 25H-23 I0 1,lli vi". SCOPE OF SERVICES 17-057 i I :0 COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The total compensation may include a line item for the cost from the Fee Proposal, followed by a line item for any contingency, followed by a grand total not to exceed (NTE) Amount. This is what may be transferred to the front page of the contract. 7-057 EXHIBIT C CERTIFICATIONS C-1 through C-3 City of Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: 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. BIDDERS are cautioned that making a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal 17-057 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 malting 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 any 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, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". 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 malting 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 sub recipients shall certify and disclose accordingly. Firm Signed and Printed Name: Title Date `Vair-yA Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABHATY REVIEW 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. 6. 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. 7. 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 V9111-YA unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant 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: City of Santa Ana RFP 17-057 May 30, 2017 RFP NO.: 17-057 Culver Newlin is pleased to present this proposal to the City of Santa Ana for the Public Works project. We at Culver Newlin\McMahan Business Interiors have been doing business with the city for over 20 years and pride ourselves on handling any scope of job with the highest professionalism. For this project, our team has covered the space planning for the private offices, conference rooms, cubicles and build outs as well as ensuring that all products specified are of the highest quality, American made, and commercially rated. Our lead for your project is Lee -Ann Harvey. She has worked with your city for 17 years and has built a solid reputation on her project management and hard work for Santa Ana. Enclosed is all the information as requested for RFP NO.: 17-057 Martin Schlom, President Exhibit 2 520 E. Rincon St, Ste 102. Corona, CA, 92879 949-579-0123 25H-31 May 30, 2017 RFP NO.: 17-057 Statement of Qualifications: We at Culver Newlin have assembled this proposal based on the information in the bid package. The space planning and furniture has been laid out to best maximize the office areas for your employees. For the construction aspect of this project, Tim Marquis of Marquis Construction, Inc., will need to meet with each department to ensure layouts and expectations are covered. The construction pricing is separate from the furniture for insurance and legal specifications and will require their own purchase order. All other areas are covered. Culver Newlin/McMahan Business Interiors has Lee -Ann Harvey as the lead on this project and she will be coordinating with Margaret Mercer the time frames and expectations for installs and completion of the project from day one. Lee -Ann has been in the commercial furniture industry for 18 years and excels in all areas of the job. She has had extensive experience with local city and government agencies including many projects with your city as well as Costa Mesa, Newport Beach, Newport Police Department, OC Sheriffs and OC Probation Department. The installer for the furniture is First Choice out of Costa Mesa. They will be working with Lee -Ann to ensure a smooth and hassle free install. They have worked with Lee -Ann on a majority of her projects and are highly professional and efficient. For the construction side, Tim Marquis of Marquis Construction Inc., will be coordinating those aspects of the project. Marquis Construction has handled Lee -Ann's construction projects at the City of Costa Mesa, Newport Beach and Newport Police Department and does a thorough job. If awarded this project, our scope of work will start with another job walk to confirm measurements and assess needs for the different areas and sites. Architectural drawings will need to be done to ensure construction work, sprinklers, HVAC, electrical, data/phone drops, etc. will be done correctly through Marquis Construction Inc. Permits will then need to be pulled prior to work being started. All aspects of construction and furniture teardowns and installs will be scheduled ahead of time to allow for staff to be relocated as needed. Communication will be key between the contractor, Lee -Ann and the City to ensure a smooth transition. Construction will take about 6 weeks to complete and the furniture lead time is 5-6 520 E. Rincon St, Ste 102. Corona, CA. 92879 949-579-0123 25H-32 weeks. There could be fees accrued if delays are due to end user or unseen issues with construction once inside the area. All pricing is based on specs covered in the Bid. Culver Newlin has worked with local governments, schools and commercial clients for over 50 years. We pride ourselves on being at the top of our industry in California. Below are projects that we have completed in the last 5 years as well as references from those projects. All of these clients have worked with Culver Newlin\McMahan Business Interiors for over 15 years. OC Sheriff Department -Mindy Brawner 714-935-7685. In the last 5 years we have completed numerous projects with the Sheriffs Department including redoing the first and second floor at OC Sheriff HQ at 550 N. Flower St, Santa Ana. This included all new stations, private offices, reconfiguring, space planning and seating. City of Costa Mesa 77 Fair Dr, Costa Mesa. Silvia Kennerson 724-754-5023. Steve Ely 714- 754-5154. We have completed projects on every floor at City Hall as well as offsite locations. Projects ranging from ergonomic assessments, new stations, private offices, space planning, reconfigurations, moving, etc. We have numerous projects in the works with them currently including two that are similar to this RFP. One project for new offices and layouts was just completed 3 weeks ago for Bart Mejia 714-754-5291. Newport Police Department 870 Santa Barbara Dr, Newport Beach. Lisa Newman 9490-644- 3655. Projects with the police department have included creating new offices, cubicles, space planning, reconfigurations, window coverings, seating, private offices, etc. We have worked with them for over 15 years and have on going work with them currently. 520 E. Rincon St, Ste 102. Corona, CA. 92879 949-579-0123 25H-33 SKILLS I am outgoing and confident, SALES MANAGER\DESIGN • CULVER NEWLIN • FEB 2014- CURRENT good under pressure, and Develop and grow client base in commercial and school sectors. quick on my feet. Design and space planning, incorporating color and function to Multitasking is second nature exceed customer expectations. Oversee up to 15 projects at a time for me, along with working from initial meetings to installations and final job walks. Work well with all personalities. My within end user budgets and deadlines with 98% success rate. communication skills, Built relationships with accounts which resulted in 90% of repeat dedication to hard work and business and referrals from those clients. integrity, with a passion for people and life, are assets I take pride in. MANAGER • TUTTO FRESCO • OCT 2014 - JUNE 2016 Responsibilities included training new servers in food service and fine wine, opening/closing the restaurant, ordering and inventory of alcohol, and working with kitchen and busing staff. Served customers, ensuring a fine dining experience and exceeding their expectations, resulting in repeat visits. Average of 25% tips on my sales. Handled issues with customers and staff, dealing fairly, with integrity, all situations. Balancing the cash and safe daily. U LEEANNAMARVEMGMAILCOM SHOWROOM SALES MANAGER - MCMAHAN BUSINESS INTERIORS - MAY 2000 -FEB 2014 Manage large showroom, hire and train sales people in office furniture and design, organize and maintain product library. Maintain key relationships with factories for deeper discounts. Consistent sales of $150,000 plus a month. Project manager on job sites, working with installers, contractors, and end users making sure that all parties were happy with the final project. Kept the showroom product and accessories up to date style wise and covering all price points. Worked well with all walks of people 949-279-1601 III. KrrP6;//W W W.LINNEOIN.COM/1 N/LEE-ANNMARVEK66622717/ Ml LEEANN.R.HARVEYOGM AIL.COM and challenging budgets and expectations. Based my interactions, training and selling on the 3 "I's"- Integrity, intensity, and intimacy, which grew my sales as well as built lasting relationships with clients, factories, and employees that have grown over the last 18 years. Encouraged team work between my sales people, customer service department, delivery department, ect. Created a fun, energetic work environment which in turn boosted productivity and sales. EDUCATION BUSINESS MANAGEMENT • 1990 • JLA AUSTRALIA Business course in Brisbane, Australia. PROFESSIONAL REFERENCES AVAILABLE ON REQUEST 0 949-279-1601 2 25H-35 in HTTPSV/W W W.LINREDI N.COM/IN/LEE-ANN- HARVEY-58622717/ Q° synchrony FINANCIAL To Whom It May Concern: lose L Castillo Facilities Manager 2995 Red H91 Avenue, Suite 100 Costa Mesa, CA 92626 7144344111 lose.Lcasnllo@nnchronylmanoal corn It is my pleasure to recommend 1st Choice Modular as your future furniture management services provider. During the past couple of years, I have worked directly with George Ayala, President of 1st Choice Modular, and Robert Chacon, Business Development Manager, on numerous reconfiguration projects.1st Choice provides exceptional service and rates and has an extensive selection of the best quality furniture for every need. A recent project illustrates 1st Choice's attention to detail and concern for service excellence. During a sizeable restack being phased to take place over several months on weekends, 1st Choice not only coordinated every last detail with all furniture associated (data, electrical, etc,) vendors, but ensured that there was no employee disruption when employees returned to work. Employees commented on how seamless the work flowed and how impressed they were with the cleanliness and accuracy of the installation. From a Facility Management perspective I am thankful for the management assistance and expertise that 1st Choice brought to the table. Please consider 1st Choice Modular for all your furniture management service needs. I recommend them and look forward to working with them again. Sincerely,, liVLe l /'/'-ao Jose L. Castillo Facilities Manager Synchrony Financial (formerly GE Capital) T: 714-434-4111 M: 714-936-6393 E: Jose.l.castillo@synchronyfinancial.com 2995 Red Hill Avenue, Suite 100 Costa Mesa, CA 192626, U.S, Engage with us. 25H-36 6,9WORiLDAPOKERToURI May 23, 2011 I" Choice Modular Installation 1312 E. Saint Gertrude Place Santa Ana, CA 92705 Attn.: Robert Chacon, Project Manager Dear Robert and the IS1 Choice Team: I wanted to thank you for all you and your team have done for World PokerTour. We appreciate the help and insight you gave its during one of our most difficult times — an office move to a different city. The l" Choice team operated so smoothly that it enabled us to avoid disruptions to our ongoing business during the move. Specifically, we value that I" Choice is an all -in -one service. WPT needed help acquiring furniture, moving existing furniture, and disposing of old furniture. It was extremely beneficial to get our multitude of needs met at one company that was already familiar with our goals and operations. Further, we found your insight refreshing and useful. From furniture purchases to color choices and creative problem solving, I` Choice was ready and able to provide input. It is obvious that your team has a lot of experience which aids in space planning, choosing the right materials and solving problems that inevitably arise in a move. I appreciated, that you contacted me almost daily for a few months to ensure we were on the same page. You took the time to make the long drive to our office on a handful of occasions to show me the paperwork and design choices in person to confirm our prior discussions. During the move, your team was very professional and cooperative with each building's property managers. After the move, your team continued to be amicable and go beyond the call of duty to accommodate us. Most importantly, the services provided by l" Choice were always affordable. 1 never felt as if WPT was being taken advantage of. The prices for all services performed by l" Choice were fair and reasonable. In addition, because your company met all of our deadlines, it helped us to save money in the long run. I would recommend your team to any company that is in need of your services. Please feel free to use me as a reference in the future. Sincerely, 6� Allison Hushek Associate General Counsel 1920 Main Street, Suite 1150 Irvine, CA 92614 25H-37 www. W orldPokerTour,mrn 949.225.2600 F: 949.225.2602 3215 NORTH ALAMEDA SUITE A COMFTON, CA 90222' (310) 223-1766 OFFICE' (310) 2231767 FAX >>>»>>>>>>»»»»»»»»»»>>>>>»»»»»>»»»>»»>»»>»»»»»>»»>»»»»>»» February 10, 2009 1st Choice Modular Installation 1312 E. Saint Gertrude Place Santa Ana, CA 92705 To Whom It May Concern Various Technical Professions Inc., a floor covering corporation, located in Compton, CA has enjoyed an eighteen (18) plus year business relationship with 15` Choice Modular Installation. 15t Choice is very reliable and professional. We have joint ventured on numerous contracts with March and Edwards Air Force Base, various sites for The City of Los Angeles such as The Convention Center, City Hall, several Police and Fire Stations, and the Entire Personnel Building. In addition, we have worked together for The City of Compton, San Pedro, and Van Nuys, just to name a few. 15r Choice Modular has also sub -contracted with us in several school districts. We can truthfully say that when you make 1 st Choice your "first choice', they will be your last choice where modular furniture is concerned. As one of the owners of VTP, Inc., I (Willie Phillips), have no reservations whatsoever in highly recommending George and 151 Choice. Sincerely, Willie H. Phillips 25H-38 METRO ACIFIC MANAGEMENT FULL SERVICE ASSET MANAGEMENT A focused approach to REO solutions. October 21, 2008 George Ayala 1" Choice Modular Installation 1312 E. Saint Gertrude Place Santa Ana, CA. 92705 Re: Office relocation Workstation installation Hi George: Just a quick note to say ..... another job well done! 1st Choice has, completed four work orders for us over the past 6 months, and I wanted to take this opportunity to acknowledge the exceptional j ob your company has done. It is always a pleasure working with you and your staff. Customer satisfaction is clearly a top priority. Each job is handled in a professional manner; the work is always quality; and the job is completed on time! "1" Choice" has become our first choice .... and we look forward to working with you & Johnny again. Best regards, Metro Pacific Management, Inc. Janene White Vice President Operations 2300 East Katella Avenue, Suite 300 Anaheim, California 92806 877-300-9791 25H-39 May 30, 2017 RFP NO.: 17-057 Scope of Services and Schedules: Phase 1: Meet with Margaret Mercer with general contractor and employees in each area, including The City Yard, to ensure original layouts and specs are as needed. Measure all areas again. This should take 3-4 hours to cover both locations. Phase 2: Revise layouts of both sites if necessary from Phase 1 meeting. General Contractor may have other questions and changes as well from this meeting. Architectural drawings will need to be done and submitted to the city for "no fee" permits. GC will work with the city for these. Could take up to 4 weeks. Phase 3: Tear down stations on 4th floor where GC is going to build private offices. Station parts to be moved to site specified by City staff. Move Exec Director's furniture out along with conference room table, chairs, and credenza. To be stored in the building, location TBD. This should be completed in one day. Cover furniture in Exec Assnt office and 2 -person office where wall is being added with plastic. No need to move this furniture to construct walls. Tear down of existing furniture at the Yard and move to storage at the Yard -location TBD. Phase 4: GC will start his part of the project. Time frame is about 5-6 weeks. During this time, furniture will be ordered to ensure timely install and save on down time for employees. 25H-40 e z 1 11 L 1 I o 3� o �z 3 ti 3 fEDED I i _ — _ _ — 1 1 � 3� s, 1 1 1 — i a EDL 1 ,a a� � a .O AI — 11_ 2511 M ON N 7 4269 6268gggg ggg 4268 4268 p �co�y � JG d a�9° p p x n9° dflfl FA 3656BC _ _ 8926 Z4 p 197i 89Z6 � b .i O O flfl C3, dflfl oz ..s. 99Zv Za SRI 89Zv • AM ^°9 O 42°0 dflfl ILma 89Za A9 84Za 8929 0 0 nt O 0 5 R"i a F H C H F g q A A A w.. I i F e B a a , f ti � o e x 341 „4.91 v o y fA 8 ° c4 � �WyN Wax>f�U z . �a U.W-7 8U vNi ZbH- b t § k § 2 a! § § m t ( \ - o & # $ f) | § � / f § 4 ] $ � \w 0U k . » � § || ! � u § |, § k 2/( §mud §a m$�§ /§§8 ZbH- b C:uL-vEFZ-NawL'N FURNITURE FOR SCHOOLS & OFF I C E 5 May 12, 2017 Letter of Intent: RFP NO.: 17-057 Please accept this as notification that Culver Newlin is interested in the RFP 17- 057 for the City of Santa Ana Public Works project. We will monitor the City's web site for any changes or requirements on this project. Lee -Ann Harvey will be heading up the proposal for Public Works for Culver Newlin. Her cell phone is 949-279-1601. Her email is leeannh(aa,culver- newlin.com and our address is: Culver Newlin 520 E. Rincon St, Ste 102, Corona, CA. 92879. Thank you for the opportunity to work with you. Regards, LeeAnn Harvey 949-279-1601 520 E. Rincon Street, Ste. 102 • Corona, CA 92879 • Phone (949) 597-0123 • Fax (949) 855-9577 25H-46 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Cade Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly,, submitted his or her bid price or any breakdown thereof, or the contents thereof; or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: 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. BIDDERS are captioned that mak a false certification may subject the certifier to criminal prosecution, Signed J�'4-- State of California County of Subscribed and sworn to (or affirmed) before me on this _ day of , 20� by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. yr_= Gem 1A 1Ac�ar10 Notary Public Signature Notary Public Seal City of Santa Ana RFP 17-057 Al2(47 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 validitv of that document. State of California County of Orange Subscribed and sworn to (or affirmed) before me on this 6& day of Qo,\ .20V- , by Mox-�xn L. SLV2 DYYI T proved t me on the basis of satisfactory evidence to be the person ho appeared before me. BRITTNEY KLAGGE Notary Public - California Riverside County i i ' - • Commission # 2110040 = My Comm. Expires May 29. 2019 (Seal) Signature L 25H-48 Appendix ATTACHMENT 3-3: NON-DISCR /IINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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. 6. 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 involved 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. 7. 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 City of Santa Ana RFP 17-057 2W49 9 unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant 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:^rew— G Title: r-{ r14e-J Firm: CIJ ;c.11oo I Qcl.i D Y�'Ic� 1 cl �T(oaJ �. c� h« Ckl ✓er— Pew Date: 5 /SO City of Santa Ana RFP 17-057 Pa e A4 7 25H-50 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sannlenlo Jose Solorio Sal Tinaiero Juan Villages CITY OF SANTA ANA 20 Civic Center Plaza - P.O. Box 1988 Santa Ana, California 92702 www.santa-ana.org May 18, 2017 ADDENDUM NO.1 REQUEST FOR PROPOSALS NO. 17.057 SPACE PLANNING SERVICES INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar Notice is hereby given that the City of Santa Ana Public Works Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO. 17-067 — SPACE PLANNING SERVICES. This addendum shall become a part of the original Request for Proposal. 1. Cover Page: KEY RFP DATES Please note that the new Deadline for Requests for Information is Wednesday, May 24, 2017, at 12:00 p.m. 2. Cover Page: KEY RFP DATES Please note that the new Proposal Due Date is Wednesday, May 31, 2017, at 12:00 p.m. 3. Cover Page: KEY RFP DATES Please note that the new Projected Award Date is Tuesday, June 20, 2017. 4. Page A2-1: DESCRIPTION OF WORK Please replace the first paragraph to read as follows: `The Public Works Agency is seeking a space planning professional to provide space design, furniture procurement, and construction services in order to reconfigure the workspace on the 4th floor of the Ross Annex (Attachment 1). The project area is approximately 3,423 square feet (Attachment 2) and requires separate quotes for the following: a. Reconfigure an office and part of a conference room into 2 offices. (317 sq. ft.) b. Extend the Executive Director's office and provide new office fumiture suite to include a conference table with 6 to 8 chairs. (422 sq. ft.) c. Separation of an existing 2 -person office into 2 offices. (308 sq. ft.) d. Install 6 cubicles in the open space area. (1,716 sq, ft.) e. Create 4 offices from 4 existing cubicles. (660 sq. ft.) f. Repurpose existing furniture and provide new furniture where needed. SANTA ANA CITY COUNCIL MguelA Pulido &1U 16 Martinez VKenle Saon . Jose Solon P David aenavides Juan vJIN,ss Sal Tnaiero M.'ryor Mayo Pro Tem. Wsd 2 Yfard1 Ward Wa d Wool Wool meulido(aysnMaans ora mimidmez0s.nt. sora y6aRilienlono Fanla.ann.Wn �* QtlCtlay des(alsantroana ora Ly�lienac�snnta v,n oro Ona f9asanL- ,a,ora RFP No. 17-057 —Addendum No. 1 Space Planning Services May 18, 2017 Page 2 Professional space planning services are also being sought to implement existing space plans prepared for the 1 st floor (Attachment 3) and 2nd floor (Attachment 4) of the PWA Administration Building at the City Yard complex located at 220 S. Daisy Street. The City Yard project scope requires separate quotes for the following: g. 1st Floor— Reconfiguration of approximately 1,500 square feet of office space to accommodate 21 cubicles. h. 2nd Floor — Reconfiguration of a 3 -person office to a 6 -cubicle configuration (Room 213A). i. 2nd Floor — Reconfiguration of an office to accommodate 3 cubicles (Room 213B) j. 2nd Floor — Redesign an office with new furniture placement for a single workstation (Room 209)." 5. Page A2-2: ADDITION/ALTERNATE PRICING Please replace this section to read as follows: "The following items are to be separately priced and to be completed as tum -key: • Power distribution • A/C ductwork reorientation • Sprinkler reorientation • Carpet tiles, as needed (Requested Vendor. Tandus)" • Options for replacement chairs (Actual quantities to be determined before installation) CLARIFICATIONS FOR DESCRIPTION OF WORK (P. A2-1) • No refurbished materials are to be used for this project. • "No fee" permits are available through the City. Full-size plans are required for the permit process. • Project scope requires the selected contractor to prepare mechanical, plumbing, and electrical plans, as needed. • Contractor responsibility for electrical service terminates at base feeds and plugs. • Project design may include power poles. • Contractor to provide a raceway for communications and network cables. • Include cost for tear -down and transport of existing cubicles and furniture for storage in a temporary location within City Hall. (Location to be determined). • Contractor is responsible for removal and disposal of any debris, trash, and/or recyclables. • Project design is to match existing, wherever possible. 25H-52 RFP No. 17.057 — Addendum No. 1 Space Planning Services May 18, 2017 Page 3 I acknowledge I have received and read this addendum: Bid Respondent Signat re Company Name ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. Thank you for your participation and interest in doing business with the City of Santa Ana. Margaret Mercer Administrative Services Manager (714) 647-5050 25H-53 v —54 ' b k 2 LL 1§ T cm � 2 uj �—W: U � Q 9 ?' RAJ \ E { \ \ m 25H.55 ( t {\ I2 \ CL CL[ t kk �� � 9 ?' RAJ \ E { \ \ m 25H.55 ( t {\ \ CL t � \ % pail '■4; �f \ {\) s E t /\� Z � ! \f EO 9V G CL 25H-56 M T 0 N 2 O O w I N06ROy NOUL" fGk �n = Np�b�S�9 ��b1s�9 25H-57 F 713aN F47190H a LL h W r7 F47l36N 77saN 0 T7 n R k n m � LL 91 II m 4 F07I3�N F T N a N9 _ T � y T JFM3 LL F077D a o 8 LL Z 2 N06ROy NOUL" fGk �n = Np�b�S�9 ��b1s�9 25H-57 MAYOR Miguel A. Pultdo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villages CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, Cal'to nfa 92702 W Ww.santa-ana.ora May 23, 2017 ADDENDUM NO.2 REQUEST FOR PROPOSALS NO. 17-057 SPACE PLANNING SERVICES INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Notice is hereby given that the City of Santa Ana Public Works Agency has made certain modifications, additions, and/or deletions, in the specifications to RFP NO. 17-057 — SPACE PLANNING SERVICES. This addendum shall become a part of the original Request for Proposal. 1. Correct labeling of ATTACHMENTS 2, 3, and 4 Layout labels correctly match descriptions in Addendum No. 1 Scope of Work. 2. Page A2-2: ADDITIONALIALTERNATE PRICING Add the following item for separate pricing and tum -key completion: • Telecommunication and network wiring for walled offices (Ross Annex, 4th Floor) ANSWERS TO QUESTIONS Q. In the city Yard area for workstations. Is there a need for pedestals under the stations as well as any overheads needed? A. The following furnishings specifications are to be incorporated for all cubicle workstations (Ross Annex and City Yard): • (1) Box -Box -File cabinet t, (1) File -File cabinet . (2) Overhead Storage cabinets with FLIPPER doors • Tack Board — all panels to be tackable acoustical • TaskUghting— daisy -chained LED • (3) duplexes per station All locking and keyed alike Metal construction SANTA ANA CIN COUNCIL Mi,.Wk Pulido Michela Madinoz Vianle Samdenla Jose S.10 P. naNd Benevides Juan villages sal Tinajem Mayor MayorPm Tem.W.M2 Ww l Wa,d3 Ward Ward5 Warde moulida wnta-am om m7martinaz9Dsanta-anaom v.nnbnwZmtaanaom Ndabn..aM.a aom nanm 25H-58 RFP No. 17-057—Addendum No. 2 Space Planning Services May 23, 2017 Page 2 Q. Quick question on the quotes that you are wanting. It says separate quotes for each area, does that mean I can quote all for the Ross Annex on one quote but separate lines and descriptions so you can see what the break down is? Or do you want a completely separate quote for each? I am assuming the same format would apply to the Yard quote. And is this an .all or nothing" bid, meaning do I need to quote on all of the project or just what I want to? A. This is NOT an "all or nothing" bid. The City reserves the right to negotiate and award only a portion of the requirements and/or negotiate and award separate or multiple contracts for the requirements of this Request for Proposals. Responses to this RFP must include a separate proposal for each location — (1) Ross Annex, 4th Floor, and (2) City Yard, 1st and 2nd Floors. Proposals must further provide separate detail and descriptions for the itemized areas within each location, as identified in the Scope of Work (revised by Addendum No. 1), including consideration of Phase I and Phase II requirements (p. A2-1). Q. Do we have to use prevailing wage for installing the stations and office furniture? A. Labor Code Sec 1720.(a).(1) was amended by AB1598 in Feb 2012 to clarify the meaning of Public Works with regards to the application of prevailing wage to the installation of freestanding and/or affixed modular office furniture. The DIR further clarified, "a Modular Office System attached to panels or floors, which normally includes any electrical modification or installation in raceway and/or supporting shelves to walls, is the type of modular furniture that is intended to be covered under AB 1598." Q. Also do you want us to use the "The Service Act' or "Davis Bacon" for the prevailing wages? A. Yes, Davis Bacon is the act referred to when determining prevailing wage. Here is the DIR link to determine the appropriate classification for your project: http://www.dir.ca.gov/oprl/2017- 1/PWD/index.htm CLARIFICATIONS FOR DESCRIPTION OF WORK (p. A2-11 Standard furnishings specifications for Walled Offices (Ross Annex, 4th Floor) include: o (1) Box -Box -File cabinet o (2) File -File cabinets o (2) Wall -mounted metal FLIPPER door overhead storage cabinets o Tack Board — wall -mounted, underneath overheads o Task Lighting — daisy -chained LED o Keyboard Tray — Workrite #2128-22 banana boards with 22" mech o All locking and keyed alike o Metal construction • City Yard, Room 209, scope includes the following: o Built-ins to be removed and walls repaired as needed prior to new furniture install. o Furnishings include wall -mounted overhead storage cabinet(s) with ganging task lights and tack board. All to match cubicles in other offices. 25H-59 RFP No. 17-057 — Addendum No.2 Space Planning Services May 23, 2017 Page 3 • The attached layout (Attachment 5) is to be used when preparing the proposal for the Ross Annex, 4th Floor. o Please note that the area identified in Attachment 2, 4a no longer requires removal of the existing wall between the two offices. • Furnishings specifications for the Executive Director's Office are as follows: o Furnishings quality must equal existing o Wood construction o Cabinet for fridge in credenza with vented back o New carpet tiles (from Tandus) for entire office o Reserve old carpet to patch other areas as needed I acknowledge I have received and read this addendum: Bid Respondent Signature U UlEZ f�Ew�k-rs Company Name THIS NOTICE MUST BE SIGNED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. ALL OTHER TERMS, CONDITIONS, AND SPECIFICATIONS REMAIN UNCHANGED. Thank you for your participation and interest in doing business with the City of Santa Ana. Margaret Mercer Administrative Services Manager (714)647-5050 25H-60 D EO tia;avaS aAlJn3ax3 o� R 4 V c O d a CL C) U - _-1 vv � 2 C) O � O � G I C C 25H-61 I I`n a T N Y M Q U d u m m N Q c Lo C �i R C 1� Na c 0 Z IL �wlz 25H-62 CO) v R U) C cU) ca _I U) a o c as z CL t� U) IX i; Apk u 0 HoUL y NeEftey F -67736N MT/36N 25H-63 O Z E CDCD a a O d N Y N O N N U C N w CD U E c Cb CL O Z R6T736N F07naN O F6TR6N F 6N Q 6 h m m LL tr-n m F07730N N9P!! 1 jaZ M1 FOTAON F 7 N B o y � e LL zi a HoUL y NeEftey F -67736N MT/36N 25H-63 O Z E CDCD a a O d N Y N O N N U C N w CD U E c Cb CL O Z FURNITURE.C CULVER-NEWLIN FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold TO: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714.647-5050 Date Lead Tlme/ ARO Sales Rep Terms Quote Valid Until 5129/2017 LEEANN Net 30 8-1-17 Alpha, qty Model #/Description Unit Prioe Total GAST FLOOR 1 KIMBALL INTERWORKS EQ AND FOOTPRINT ea 59,581.52 59,581.52T 21 CUBICLES COMPONENTS TO CREATE 21 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONE/DATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKLIGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. G1. 21 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 7,392.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. G2 21 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 5,841.36T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK TO BE INSTALLED AT DELIVERY. Subtotal Signature Sales Tax (8.0%) Total Please note pricing an Ibis quotation is valid for 30 days Page 1 25H-65 CULVER-NEWLIN F U R N I T U R E F O R 5 C H 0 0 L 5 & O F F I C E S 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL 949.597.0123 1 FAX: 949.855.9577 Sold To: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Date Lead Time/ ARO Sales Rep Terms Quote Valid Until 5/29/2017 LEEANN Not 30 8-1-17 Alpha. Qty Model #!Description Unit Price Total H1. 2ND FL 1 KIMBALL INTERWORKS EQ AND FOOTPRINT ea 17,572.59 17,572.69T ROOM 213A COMPONENTS TO CREATE 6 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONE/DATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKUGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. H2 6 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 2,112.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. H3. 6 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 1,668.96T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK. TO BE INSTALLED AT DELIVERY Subtotal Sales Tax (8.0%) Signature Total Please note pricing on this quotation is valid for 30 days Page 2 25H-66 FURNITUREC CULVER-NEWLIN FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 i CORONA, CA 92879 TEL: 949.597.0123 i FAX: 949.855.9577 Sold To: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Date Lead Time/ ARO Sales Rep Terms Quote Valid Until 5/29/2017 LEEANN Net 30 8-1-17 Alpha. Qty Model #/Description Unit Price Total 1. 2ND FL 1 KIMBALL INTERWORKS EQ AND FOOTPRINT as 9,324.72 9,324.72T ROOM 213B COMPONENTS TO CREATE 3 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONE/DATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKLIGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. 11. 3 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 1,055.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. 12. 3 WORKRITE ERGO KEYBOARD SYSTEM WITH as 278.16 834.48T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK. TO BE INSTALLED AT DELIVERY J. 2ND FL 1 KIMBALL FOOTPRINTITRAXX COMPONENTS as 2,297.15 2,297.15T ROOM 209 TO CREATE U -UNIT DESK 30"X72" WITH BBF, LEFT BRIDGE 24"x42", CREDENZA 24"x72" WITH 30-W LATERAL FILE, WALL MOUNTED TACKBOARD AND 2 WALL MOUNTED FLIPPER DOOR OVERHEADS WITH TASKLIGHTS UNDERNEATH -GANGING, LED AND 10HR AUTO SHOUT OFF. ALL STORAGE METAL, LOCKING AND KEYED ALIKE. TOPS LAMINATE WITH BANDED EDGE. FINISHES TO MATCH EXISTING. Subtotal Sales Tax (8.0%) Signature Total Please note pricing on this quotation is valid for 30 days Page 3 25H-67 CN CULVER®NEWLIN FURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL• 949.597.0123 1 FAX: 949.855.9577 Sold To: CIN OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Data Lead Time/ ARO Sales Rep Terms Quote Valid Until 5/29/2017 LEEANN Net 30 B-1-17 Alpha, Qty Model #/Description Unit Price Total it. 1 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 352.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC J2. 1 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 27B 18T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK TO BE INSTALLED AT DELIVERY. J3. 1 TEAR DOWN EXISTING DESK AND RETURN ea 620.00 620.00T IN OFFICE, PATCH, REPAIR AND PAINT WALL AS NEEDED BEFORE INSTALLING NEW DESK. PREVAILING WAGE. TEAR DOWN 1 TEAR DOWN EXISTING STATIONS FROM 4 ea 4,225.00 4,225.00T DIFFERENT AREAS ON 2 FLOORS AND TAKE TO STORAGE IN SAME PARKING LOT, DIFFERENT BUILDING. TO BE DONE DURING NORMAL BUSINESS HOURS. PREVAILING WAGES. INSTALL 1 INSTALL OF 31 STATIONS AS PER LAYOUTS. ea 14,833.31 14,833.31T TO BE DONE ONE DURING NORMAL BUSINESS HOURS. PREVAILING WAGES. WALL MOUNT OVERHEADS AND TACKBOARDS IN ROOM 209. STATIONS TO BE INSTALLED PER ATTACHED LAYOUTS. ELECTRICIAN TO HARDWIRE BASE FEED FOR STATIONS PROVIDED BY CLIENT. JOB TO BE COMPLETED IN 3 DAYS. PROJECT MANAGER ON SITE FOR ENTIRE INSTALL. TRASH REMOVAL, JOB WALK AND SIGN OFF BY CLIENT AT END. Subtotal $127,989.35 Sales Tax (8.0%) $10,239.15 Signature Total $138,228.50 Picric sign and return approval copy to Culver Newlin, Inc.. All orders are non -cancellable, CUSTOMERNOTE: The standard terms and conditions of sale Please note pricing on this quotation is valid for 30 days including warranty information apply. Page 4 man -v47 „b�iE h U rn 0 r r a t g G q q Q it 'v 'v O 3 r I ar1 ir, 1 410a ° .a r ° e e I at .r 4h a w o a c h { � r o � P�. o ' r O tq h ,yG z� U n. °x op �vNjV man -v47 E ; | � ` \ a _ ALU"—fI / ( ) � % 7 $ — _ \ § 2 \ \� k� @ \§ ) . . dug 7 — "8v— - m P4 ) u/\ @]u ) §/ k§\d ALU"—fI 25H-72 AGREEMENT TO PROVIDE SPACE PLANNING AND IMPLEMENTATION SERVICES AT THE CITY YARD THIS AGREEMENT is made and entered into this 20TH day of June, 2017 by and between Culver - Newlin, (hereinafter "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 (hereinafter "City"). RECITALS A. On May 9, 2017, the City issued Request for Proposal No. 17-057, by which it sought Contractors to provide Space Planning and Implementation Services for adequate office and work space areas for the Public Works Agency City Yard and Ross Annex offices. B. Consultant represents that Consultant is able and willing to provide such services to the City at the Public Works Agency City Yard offices only. 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 those services as set forth in Exhibit A, only in respect to those services at the City Yard, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services provided under RFP 17-057, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $159,000 during the term of this agreement. This amount is comprised of (1) the sum of $138,228.50 and (2) a 15 percent contingency of up to $23,771.50 for services as may be performed by the Contractor at the sole discretion of City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. 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. Exhibit 3 25H-73 3. TERM This Agreement shall commence on the date first written above and continue for one (1) year, unless terminated earlier in accordance with Section 17, below. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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. 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. Page 2 of 11 25H-74 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, volunteers and representatives as additional insured(s); (b) be primary 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 California 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. C. 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 fiimislied 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 cancelled Page 3 of 11 25H-75 or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) 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, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terns 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 terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Consultant to the City pursuant to this Agreement. Page 4ofII 25H-76 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 Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council Page 5 of I 1 25H-77 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: and Executive Director Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: 714-647-5635 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 Consultant: Culver -Newlin Attn: Martin Schlom 520 E. Rincon St., Ste. 102 Corona, CA 92789 Fax: 949-855-9577 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral 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 Page 6of11 25H-78 Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable Page 7ofII 25H-79 federal, state and local laws and regulations. 19. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR CYNTHIA J. KURTZ Clerk of the Council Interim City Manager Page 8 of 11 25H-80 APPROVED AS TO FORM SONIA R. CARVALHO CULVER-NEWLIN City Attorney By:, J064 M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public Works Agency Name: Title: Page 9ofII 25H-81 1�7Iiol�ll.1 SCOPE OF SERVICES Page 10 of 11 25H-82 SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPACE PLANNING RFP NO.: 17-057 City Yard Location Description of Work: Exhibit A Implementation of space plans for the PWA Administration Building at the City Yard complex 1st and 2nd floor offices, located at 220 S. Daisy Street. The City Yard project scope includes the following: a. I st Floor — Reconfiguration of approximately 1,500 square feet of office space to accommodate 21 cubicles. b. 2nd Floor — Reconfiguration of a 3 -person office to a 6 -cubicle configuration (Room 213A). c. 2nd Floor — Reconfiguration of an office to accommodate 3 cubicles (Room 213B) d. 2nd Floor — Redesign an office with new furniture placement for a single workstation (Room 209). i. Built-ins to be removed and walls repaired as needed prior to new furniture install. ii. Furnishings include wall -mounted overhead storage cabinet(s) with ganging task lights and tack board. All to match cubicles in other offices. Contractor responsibility includes the following: a. Ensuring that electrical service terminates at base feeds and plugs. (Design may include power poles.) b. Provision of raceway for communications and network cables. c. Tear -down and transport of existing cubicles and furniture for storage in a temporary location at the City Yard. (Location to be determined.) d. Removal and disposal of any debris, trash, and/or recyclables. e. Ensure that project design matches existing, wherever possible. Additional/Alternate Pricing: The following items (where needed) are separately priced for completion as turn -key: Carpet tiles, as needed (Requested Vendor: Tandus) Options for replacement chairs (Actual quantities to be determined before installation) 25H-83 Furnishings Specifications: No refurbished materials are to be used for this project. The following furnishings are to be incorporated for all cubicle workstations at the City Yard: • (1) Box -Box -File cabinet • (1) File -File cabinet • (2) Overhead Storage cabinets with FLIPPER doors • Tack Board — all panels to be tackable acoustical • Task Lighting — daisy -chained LED • (3) duplexes per station • All locking and keyed alike • Metal construction 25H-84 1014:11 1� ii e3 FEE SCHEDULE (OR) RATES AND CHARGES Page 11 of 11 25H-85 Exhibit B CULVER-NEWLIN UN F U R N I T U R E F O R S C R 0 0 L 5 & 0 F F I C E 5 520 E. RINCON STREET SUITE 102 I CORONA, CA 92879 TEL: 949.597.0123 1 FAX: 949.855.9577 Sold To: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Dale Lead Time/ ARO Sales Rep Terms Quote Valid Until: 5/2912017 LEEANN Net 30 8-1-17 Alpha. Qty Model #/Description Unit Price Total GAST FLOOR 1 KIMBALL INTERWORKS EQ AND FOOTPRINT ea 59,581.52 59,581.52T 21 CUBICLES COMPONENTS TO CREATE 21 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONEIDATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKLIGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. G1. 21 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 7,392.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. G2 21 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 5,841.36T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK TO BE INSTALLED AT DELIVERY. Subtotal Signature Sales Tax (8.0%) Total Please note pricing on this quotation is valid for 30 days Page 1 25H-86 (&'\) CULVER Quote - N E W L I N Quote no. 329112 F U R N I T U R E F O R 5 C H 0 0 L 5 8 0 F F I C E 5 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL: 949.597.0123 1 FAR: 949.BSS.9577 Sold To: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Date Lead Time/ ARO Sales Rep . Terms Quote Valid Until 52912017 LEEANN Net 30 B-1-17 Alpha. Qty Model #/Description Unit Price Total H1. 2ND FL 1 KIMBALL INTERWORKS EQ AND FOOTPRINT ea 17,572.69 17,572.69T ROOM 213A COMPONENTS TO CREATE 6 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONE/DATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKLIGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. H2 6 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 2,112.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. H3. 6 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 1,668.96T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK TO BE INSTALLED AT DELIVERY Subtotal Signature Sales Tax (8.0%) Total Please note pricing on this quotation is valid for 30 days Page 2 25H-87 NFURNITURE FOR SCHOOLS & OFFICES 520 E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL 949.597.0123 1 FAX: 949.855.9577 Sold To: CITY OF SANTA ANA PURCHASING DIV. M-16 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA 92701 EVA GOODS 714-647-6584 Quote Quote no. 329112 Ship To: SANTA ANA PUBLIC WORKS THE CITY YARD 220 S DAISY STREET SANTA ANA, CA MARGARET MERCER 714-647-5050 Date Lead Time/ ARO Sales Rep Terms Quote Valid Until 529/2017 LEEANN Net 30 8-1-17 Alpha. Qty Model #/Description Unit Price Total 1. 2ND FL 1 KIMBALL INTERWORKS EQ AND FOOTPRINT ea 9,324.72 9,324.72T ROOM 2138 COMPONENTS TO CREATE 3 STATIONS. PANELS ARE 66"H TACKABLE ACOUSTICAL WITH PHONE/DATA/POWER DOWN THE RACEWAY. 3 DUPLEXES PER STATION. ONE BBF, FF, AND 2 FLIPPER DOOR OVERHEADS WITH GANGING LED TASKLIGHTS UNDERNEATH PER STATION. ALL STORAGE IS METAL, LOCKING AND KEYED ALIKE. TOPS ARE LAMINATE WITH BANDED EDGE, 24"D WITH CURVED CORNERS. CONNECTORS, END TRIM AND TOP CAPS TO MATCH REST. OPTIONS ON THE PAINT, LAMINATE, FABRIC AND EDGE COLORS. ALL NEW AMERICAN MADE PRODUCT. 11. 3 9 TO 5 1560-H D -SS. STRATA ERGO CHAIR ea 352.00 1,056.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC. 12. 3 WORKRITE ERGO KEYBOARD SYSTEM WITH ea 278.16 834.48T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK. TO BE INSTALLED AT DELIVERY J. 2ND FL 1 KIMBALL FOOTPRINT/TRAXX COMPONENTS ea 2,297.15 2.297.15T ROOM 209 TO CREATE U -UNIT DESK 30"X72" WITH BBF, LEFT BRIDGE 24"x42", CREDENZA 24"x72" WITH 30-W LATERAL FILE, WALL MOUNTED TACKBOARD AND 2 WALL MOUNTED FLIPPER DOOR OVERHEADS WITH TASKLIGHTS UNDERNEATH -GANGING, LED AND 10HR AUTO SHOUT OFF. ALL STORAGE METAL, LOCKING AND KEYED ALIKE. TOPS LAMINATE WITH BANDED EDGE. FINISHES TO MATCH EXISTING. Subtotal Signature Sales Tax (8.0%) Total Please note pricing on this quotation is valid for 30 days Page 3 25H-88 CN C U L_V E R- lel EW L I N FURNITURE FOR SCHOOLS & OFFICES 520E. RINCON STREET SUITE 102 1 CORONA, CA 92879 TEL' 949.597.0123 1 FAX: 949.855.9577 Quote Quote no. 329112 Sold To: Ship Tc: CITY OF SANTA ANA SANTA ANA PUBLIC WORKS THE CITY YARD PURCHASING DIV. M-16 220 S DAISY STREET 20 CIVIC CENTER PLAZA, RM 429 SANTA ANA, CA SANTA ANA, CA 92701 MARGARET MERCER EVA GOODS 714-647-6584 714-647-5050 Date Lead Time/ ARO Sales Rep Terms Quote Valid Until 5/292017 LEEANN Net30 8-1-17 Alpha. Qty Model #/Description Unit Price Total J1. 1 9 TO 5 1560 -HD -SS. STRATA ERGO CHAIR ea 352.00 352.00T WITH ADJUSTABLE ARMS, SEAT SLIDER, UPHOLSTERED IN OPTIONS ON THE FABRIC J2. 1 WORKRITE ERGO KEYBOARD SYSTEM WITH as 278.16 278.16T SLIDE MOUSE, WRIST REST, LEVERLESS ARM, ALL BLACK TO BE INSTALLED AT DELIVERY. J3. 1 TEAR DOWN EXISTING DESK AND RETURN ea 620.00 52000T IN OFFICE, PATCH, REPAIR AND PAINT WALL AS NEEDED BEFORE INSTALLING NEW DESK PREVAILING WAGE. TEAR DOWN 1 TEAR DOWN EXISTING STATIONS FROM 4 ea 4,225.00 4,225.00T OIFFERENTAREAS ON 2 FLOORS AND TAKE TO STORAGE IN SAME PARKING LOT, DIFFERENT BUILDING. TO BE DONE DURING NORMAL BUSINESS HOURS. PREVAILING WAGES. INSTALL 1 INSTALL OF 31 STATIONS AS PER LAYOUTS, as 14,833.31 14,833.31T TO BE DONE ONE DURING NORMAL BUSINESS HOURS. PREVAILING WAGES. WALL MOUNT OVERHEADS AND TACKBOARDS IN ROOM 209. STATIONS TO BE INSTALLED PER ATTACHED LAYOUTS. ELECTRICIAN TO HARDWIRE BASE FEED FOR STATIONS PROVIDED BY CLIENT. JOB TO BE COMPLETED IN 3 DAYS. PROJECT MANAGER ON SITE FOR ENTIRE INSTALL. TRASH REMOVAL, JOB WALK AND SIGN OFF BY CLIENT AT END. Subtotal $127,989.35 Sales Tax (8.0%) $10,239.15 Signature Total $138,228.50 Please sign and rctum approval copy to Culver Newlin, Inc.. All orders are non -cancellable, CUSTOMER NOTE: The standard terms and conditions ofsale including warranty information apply. Page 4 25H-89 Please note pricing on this quotation is valid for 30 days 25H-90 rn C N a1 F F F F F A A A G Q A a_ ! r 'v � O a I H 1 Q � 1 I 1 f I' I O 1: IN 3 W U H1. _ O PQ „8� I xW U �W 2xy �aUj 08 V .wI 25H-90 i 25H-91 u BBF .1 • coo YYFI Q Y pypl J y tg � 1666 9B � � 666 1 3066 � � • ®0 � �' n 0bF `a Y e fib 99 1666 J q ' 9 xm 1 s 49')C 999C O 25H-91 25H-92 | . C § a& ( § § k § ( WIT 03 CD eq 2 0 a \ a \§ �\ \ w� |; u !j \ |. § �� | • ;| - cu ) Cl) ^ 2k§\ �2§( §\]/ §§§§ 25H-92 | . REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: APPROVE AGREEMENT WITH TETRA TECH, INC., TO PROVIDE DESIGN AND ENGINEERING SERVICES FOR REHABILITATION OF WELL NO. 32 BID NO. 16-113 (PROJECT NO. 13-6433) (STRATEGIC /PLAN NO. 6, 1C) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an agreement with Tetra Tech, Inc., to provide design engineering services for Well No. 32 Rehabilitation, for a three-year period from June 21, 2017, through June 20, 2020, with provisions for one two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $777,700 for the term of the contract, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION Well No. 32, located at Morrison Park (Exhibit 1), was first constructed in the 1970's. This well, however, has been inactive for the last nine years due to high nitrate levels which exceed the State's Department of Public Health threshold of 45mg/L. The relative location of Well No. 32 is within the well cluster feeding the Garthe Pump Station, the primary water source for the north and west part of the city. The pump station facility was drilled in 1982 and water production has begun to decline, making it important to identify additional water sources for future demands and system reliability. The benefits of bringing this well back into service include provision of an additional groundwater source for the City's future demands, reduction in wear -and -tear on other groundwater wells, and water pumping savings. On December 5, 2016, the Public Works Agency released a Request for Proposal (RFP) for engineering design services for Well No. 32 Rehabilitation. The RFP was posted on the City's website and qualified consulting firms were notified. Two proposals were received and evaluated by a review committee from the Public Works Agency. Each firm was rated according to its organization, credentials, resumes, references, and rates to provide the required services. Both of the proposals received were responsive. 251-1 Agreement with Tetra Tech Inc., for Well #32 Rehabilitation - Engineering Design Services June 20, 2017 Page 2 Following is the list of the firms and their respective proposal scores: FIRM SCORE Tetra Tech, Inc. 91.8 Phillip West & Associates 85.8 Based on the ratings, staff recommends that Tetra Tech, Inc., be retained to provide engineering design services for Well No. 32 to restore it to service. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds in the amount of $377,700 are budgeted and available for expenditure in the Water Utility Capital Projects Fund (Account No. 06617647-66301, Project No. 13-6433). Funds in the amount of $400,000 for the subsequent Fiscal Years will be allocated as part of the FY 2017-18 Capital Improvement Program for estimated expenditure as follows: FISCAL YEAR AMOUNT 2017-18 $600,006- 2018-19 $150,000 2019-20 $27,700 TOTAL: $777,700 Executive Director Public Works Agency FMNVEG/JG/AF - — - - Exhibits: 1. Location Map 2. Agreement - Tetra Tech, Inc. APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 251-2 ",1 �.a k1 I FAT-] 1 " •. PROJECT LOCATION SANTA ANA City Agenda Date aac®mmv June 20, 2017 Title: CORRIGAN AVE mm SHERWINILN LOCATION MAP EXHIBIT 1 1Q 0 R J � W W O W SHERWINILN LOCATION MAP EXHIBIT 1 1Q 0 R CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this 20`x' day of June, 2017 by and between Tetra Tech, Inc., a corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of rehabilitation -engineering services to provide design engineering services for the Well #32 Rehabilitation, as excerpted from Consultant's proposal dated January 26, 2017, and identified as Exhibit A to this agreement. 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 tents and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perforin those services as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is otherwise incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total sum to be expended under this Agreement shall not exceed $777,700 for the term of the Agreement, including any extension periods. 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. Exhibit 2 251-4 3. TERM This Agreement shall commence on the date first written above and terminate on Tune 19, 2020, unless terminated earlier in accordance with Section 15; below. The term of this Agreement may be extended for one additional two-year period by a writing executed by the City Manager and the City Attorney. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant perfonns 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. S. 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 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 Page 2 of 8 251-5 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, volunteers and representatives as additional insured(s); (b) be primary 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 California 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 firll 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. (iv) Consultant shall supply City with a fully executed additional insured endorsement, If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to famish 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 City. Page 3 of 8 251-6 INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors; agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 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. 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. Page 4 of 8 251-7 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. 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: Fred Mousavipour Executive Director — Public Works Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 Page 5 of 8 251-8 To Consultant: Mark W. Bush, PE Vice President 17885 Von Karman Avenue Suite 500 Irvine, CA 92614-6213 Phone: 949-809-5000 Fax: 949-809-5010 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, drily 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terns of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. 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. 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 Page 6 of 8 251-9 of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 16. NON-DISCRIMINATION Consultant shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 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. 19. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terns of this Agreement, and shall indemnify City fiilly, 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. Page 7 of 8 251-10 b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this -Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year fast above written. ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR Cynthia J. Kurtz Cleric of the Council Interim City Manager APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: /Vti. 1 ohn M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: TETRA TECH, INC. Fred Mousavipour Executive Director, Public Works Agency Name: Title: Page 8 of 8 251-11 City ofSanta Ana EXHIBIT A y i 'M The City of Santa (City) operates a potable water distribution system that serves over 44,000 water services. The City's potable water is obtained either by pumping from 21 existing groundwater wells or imported from several Metropolitan Water District connections. The City has some wells that produce groundwater with elevated nitrate levels. The City has developed a Nitrate Blending Plan and mixes the high nitrate groundwater with low nitrate groundwater. Well #32 has elevated nitrate levels. Well #32, located at Morrison Park, has been inactive for over the past nine years due to low operating efficiencies and high nitrate levels. The City desires to increase their groundwater pumping capacity and lessen their reliance on imported water. The intent of this project is to rehabilitate Well #32 and place it back into service. Instead of treating the high nitrates at the well site and impacting Morrison Park, the City intends to incorporate Well #32 into the City's nitrate blending plan. Water from Well #32 will be pumped to the John Garthe Reservoir site. The City blends low nitrate water from Well #36 and #39 (located at the John Garthe site) with higher nitrate water from Well Nos. 18 and 24. The following are typical key issues which we believe must be addressed to successfully complete design services: Meeting schedule 19 Coordination with the City, reviewing agencies and permitting agencies • Utility coordination and conflict resolution • Potholing of conflicting utilities • Accounting for traffic control during alignment selection all Analyzing alignment alternatives a Providing construction phasing Hydraulic calculations Facility layout is Operator safety and maintenance friendly . Structure aesthetics match surrounding neighborhood One of the key issues on this project will be considering the impacts to Morrison Park and incorporating the park's took and LID themes into the design. 251-12 We have broken down our approach into three parts, Well 32/Morrison Park, the conveyance pipeline and the John Garthe Reservoir site. Each element has challenges that the project team will need to evaluate and work through with the City, Summarized below are the key critical elements that the project team has identified for each site: 1. Incorporating an aboveground well facility that is functional and easy to maintain while maintaining the use and functionality of Morrison Public Park, 2. Incorporating the recently constructed low impact design (LID) in and around the park's parking lot and incorporating the LID design into the new improvements and carrying the landscaping theme throughout the new well site. 3. Identifying the construction impacts to the park and surrounding residential area and develop criteria that mitigates/minimizes these impacts to the park use and the residents. Well #32 Rehabilitation Engineering Services 2. Santiago Creek crossing whether the bridge can be utilized or the pipeline needs to be bored and jacked below the creek crossing. 3. Traffic control on Bristol Street and Memory Lane. Bristol Street is a heavily congested utility corridor and a major thoroughfare for traffic. 1, Modification of control system to incorporate Well #32 and the dedicated communication fiber optic conduit. Conveyance Pipeline 2, Connection of the new Well #32 pipeline to 1. Pipe size based on either using a pressure the existing reservoir fill line and locating the sustaining valve at John Garthe Reservoir pressure sustaining valve, if required, or frictional losses in the pipe to provide 3, fiber optic conduit routing through the site and backpressure and keep the well on its pumping into the existing control room. curve. Well #32/Morrison Park Before and After Example 251-13 City of Santa Ana Successful implementation of the project will involve resolution of several key issues. We believe Tetra Tech has an unparalleled grasp of these issues based on our overall experience, capabilities and familiarity with other City projects, personnel and policies. Our approach to resolving project issues is summarized in the following pages; WELL #32 SITE LAYOUT Layout the rehabilitation equipment and determine the minimum impact to the park Locate the new building to minimize impacts to pedestrian, bicyclist, and vehicle traffic to the park. The new building will have a larger aboveground footprint that will impact the existing driveway approach. There are existing mature trees that prevent the driveway from being widened any further. We will work with the City to determine the approach that both maximizes access to the park and the well building. Provide concept sketches for the construction access and staging within the park, Identify loss of parking stalls and required work area. The City may also want to consider negotiating with the adjacent church and utilize a portion of their parking lot to provide a construction staging area. Provide concept sketches for final site layout to provide the City access to the wellhead and piping for future maintenance and rehabilitation. Impacts to the Park • Review interim impacts during construction. Utilize sketches and identify work area and loss of use, Provide estimated construction durations for each phase and the impact to the parking lot during each phase of construction. One approach to consider is to close the southerly driveway in its entirety and utilize only the northerly driveway accessible to two way traffic and partially close the parking lot, A second alternative is to close the parking lot during the duration of construction and utilize street parking to facilitate construction activities and mitigate risk to public exposure to construction activities. • Define work area and define a perimeter to be secured to protect the public use of the park while construction activities are occurring. Restore the LID improvements at the park disturbed by construction activities and incorporate the LID elements into the new well site, This includes bioswales, drought tolerant landscape, pervious pavement, and pavers. Aesthetics Discuss options for securing the site and minimizing unpleasing aesthetics such as chainlink fencing. Provide two renderings for the building architectural treatments, The City desires to snatch the surrounding residential area. The houses in the area have California gables and 251-14 hipped roofs, The City facilities are typically CMU buildings. - We will provide options such as a gabled roof and a flat roof with a parapet for the City to consider. - We will provide options for the building exterior such as split face block with a texture change along the Fall height to visually break up the wall face. - Pilasters can be provided for structural relief Hydraulics WELL. #32 SITE CROSS SECTION Well pump will be selected based on the City's groundwater data and the existing pump design, Pumping curve for the well pump shall be able to efficiently pump over the full potential operating range due to the static water fluctuations, N Select pumps from City's latest preferred manufacturers, including the anticipated delivery time. Work closely with the City on selection of equipment for the controls and SCADA. The City has been working very diligently to standardize their equipment for their operation and communications. Prepare an operational narrative during design with the City We have worked through this process on recent projects with the City and understand the need to discuss and document Well #32 Rehabilitation Engineering Services how the well will operate and establishing the initial set points for the instrumentation. This is an important step as it memorializes decisions and facilitates start up. Write procedures for factory and field testing. We have also been involved in this process with the City on several recent projects and understand the benefit of this effort to confirm that what is being specified is being provided and that it will work as expected prior to installation in the field and then the testing parameters to test the equipment once installed to verify its function in the field. This goes a long way in streamlining the commissioning process of the new facility into the City's system. Coordinate with SCE. This will involve any modifications to the existing site service and necessary power interruptions. Pipe Design 251-15 CONVEYANCE PIPELINEALIGNMENT Perform hydraulic calculations to size the pipeline and determine if a pressure sustaining valve will be required. Based on our past work at the John Garthe Reservoir site, constructing a "goose -neck", piping brought above ground to create a high point, is an effective way to establish a consistent HGL and keep the pipeline full. City of Santa Ana If Select pipeline material, At pipes less than 24 -inches in diameter, PVC and ductile iron pipe are the two most economical choices, Select an alignment to minimize impacts to traffic. kig Identify any critical crossings that result in significant risk during construction and recommend "potholing", physically locating the utility vertically and horizontally in the field. is Identify locations for appurtenances and their impacts. An example is an air and vacuum valve location relative to existing parking or a blow -off located near a storm drain or sewer. Construction Phasing 0 Identify Schools, Emergency Facilities and Public/Community Centers. (here is an existing church adjacent to the project site and another along Bristol Street near the Santiago Creek Crossing. Santiago Elementary School is located south of the John Garthe Reservoir site. Develop Plan to Minimize Impacts Maintain Access to Commercial/Businesses/ Residences - Limit Length of Work Zone 11 Maintain Public Use of the Park -.. _.POMPALAUGNMENT ,err„ /.MN'NVe, f0 v.' f15Y6a� .a un6uvp= / /POTENTIALAMNMMY fJ I,I:p11AnaMI hx�C,n4\ ( Eltto-kx� I / � .BN,P.a, txcervu !mrn,an sn,as�Nre vmwnntquvNMkmNemT EXISTING SANTIAGO CREEK BRIDGE Bore and lack 16 -inch Water Cine 30rinch Steel Casing Utility Ray Option Utilize Abandoned 184tich Water Line Pler Wali Option -Above Ground installation SANTIAGO CREEK BRIDGE CROSSING Santiago Creep Crossing - Utilize the alignment of air abandoned N Evaluate three options: pipeline through the bridge deck: Based - Bore and Jack the creek crossing: this on our review, there is an abandoned has minimal impacts to the creek or 18 -inch pipeline that was installed in bridge but results in 4 to 6 weeks of 24- the original bridge deck. The ability hour traffic control. to utilize this alignment depends on - Utilize the pier walls: We have done this the accessibility of the bridge cell and several times for other agencies, the modifications at either bridge abutment installation tends to be quicker than boring and jacking but the permitting for work within the creek and modifications to the existing structure tend to increase project schedule and can be difficult to obtain. 251-16 Over the years, Tetra Tech has established well defined, rigorous procedures for project management. These techniques have been developed and refined and have contributed to our success and reputation. The keys to our project management system are communications, project planning, monitoring, and quality assurance, The Tetra Tech team's goal is to keep the City staff "in the loop" from Day One of the project. Communication tools include the formal progress reports afforded through our project management system and an informal give-and-take approach starting with Tom Epperson, our Project Manager, and extending to every member of the Tetra Tech team. At the project's outset, the chain of command and appropriate communication methods will be agreed upon and can be as formal or as informal as the City desires. We will use the entire communication spectrum. We will conduct formal meetings with agenda and typewritten notes, and we will use informal meetings with notes to file. We also will have documentation of telephone communications, with notes to file or letters of understanding as appropriate follow-up. Another important communication link will be our e-mail system. We are proposing to use e-mail to keep the City aware of the status of the project. Every two weeks, Tetra Tech will prepare a brief (one or two paragraphs or bullet items) e-mail summarizing the following: activities completed in the previous week; the activities planned for the upcoming week; any critical decisions that need to be made; and schedule of upcoming events/meetings. In addition, each month we will prepare a project status memorandum containing the following: summary of project schedule; description of key issues/concerns which have surfaced along with proposed options and solutions; and a project status summary report showing current schedule and budget. Well N32 Rehabilitation Engineering Services N # lit 1. +. # ' The key to any successful project is good communications. As our project partner, we propose to involve City staff in open, honest communications from the very start of the project. Our communications will include the following: • Weekly E-mail Report outlining progress and actions for following week • Monthly Report outlining progress, budget, and potential changes • Monthly Schedule updates • Regular Meetings with City staff • Project Documentation available upon request All information can be provided electronically via e-mail or through a website portal. At each meeting our team will have our project manager and key design staff present to facilitate the discussion. We encourage the City to have at least one representative from Engineering and one from Water Resources present at each meeting. However, we welcome as many City staff who have ideas and input on the project to attend our progress meetings. Our team clearly understands the importance of this project and the importance of ensuring the City receives a quality product, We have assigned a QA/QC Manager, Mr. Steve Tedesco, who has over 34 years of experience. His team also includes experienced experts in all areas of design and construction. Mr. Tedesco will ensure that all the project goals are met, A detailed Quality Control/Quality Assurance Plan will be prepared and submitted for review. This plan establishes lines of communications and procedures for ensuring quality during all phases of the project's design and construction. In keeping with our open communications policy, all of our Quality Control documents will be made available 251-17 City of Santa Ana throughout the project, We believe that it is in our best interest to have our clients fully informed and up to date on our quality control process. Information including design reviews, responses to comments and redline plans can be provided in either hard copy or electronically. We will encourage the City staff to let us know whenever they need more information or whenever they are unsure about the quality control of the project. Our goal is to work with City as partners on the project from Notice to Proceed through completion. V Task 1: Project Agency Coordination Kick -Off Meeting Upon receipt of a written Notice to Proceed from the City, a kickoff meeting will be conducted with the City Public Works Agency staff to review the Scope of Services, develop an overall Project Schedule and confirm the deliverables. The Project schedule should include each task, milestones, critical path designation and a schedule for progress meetings. Multi -Agency Coordination Tetra Tech will coordinate with the involved agencies to obtain their input and include them in all critical decision making. This includes internal City departments as well as external jurisdictional agencies. Based on our understanding the following agencies are project stakeholders and required coordination: Public Works, Water Resources, Parks and Recreation, Building Department, Traffic, Regional Water Quality Control Board, Orange County Water District, Division of Drinking Water, Orange County Flood Control District and adjacent property owners. Per the RFP, we have assumed up to six meetings. Tetra Tech will organize all meetings including preparation of agendas, meeting minutes and distribution of all documentation to all attending parties or as required. Project Milestone/Monthly Meeting Tetra Tech will present regular Project progress report(s) to the City staff each month or as otherwise agreed upon with the Project Manager ensuring that City staff is included in all regularly scheduled progress meetings. Tetra Tech will organize these meetings including preparing agenda(s), compiling meeting minutes, and distributing the minutes to all attending or as required. We have assumed eight (8) meetings. V Task 2. As -Built and Utility Research Tetra Tech will conduct As -Built and utility research within the Project area. Tetra Tech will conduct thorough utility search on the proposed pipeline alignment consisting of: 1. Contacting Underground Services Alert (USA) for a computer printout of all utilities registered within the project limits 2. Send preliminary notice to each utility requesting utilities information 3. Send second utility notice including preliminary plans requesting the utility verify locations of their facilities 4. Send third utility notice including final plans to each utility for their information and coordination during construction. We will research all applicable agencies and utility company records and prepare a complete list of all underground and overhead utilities in the Project area. In addition, we will request from the underground and overhead utility companies' near term (next 5 years) improvement information and schedule. Upon completion of all required research of underground and overhead utility companies, we will provide a comprehensive list of information 251-18 obtained including any planned near term improvements. Tetra "tech will prepare a complete list of all As-Built/Record Drawings found, what agency they were found in and this information shall be referenced in the Basis of Design and final Plans and Specifications. A topographic survey for the project shall be performed. A design level topographic survey will be provided for the project area, Included will be sufficient survey points to provide 1 -foot contours with spot elevations throughout, inverts of sewer and storm drainage structure/features, street striping, raised islands and above ground visible utilities. We have assumed an area immediately around the well site and the parking lot at Morrison Park, the limits of the pipeline alignment from back of walk to back of walk and the front area of the John Garthe Reservoir site. In addition, field topographical survey work will be performed to identify BC and FC of all curb returns, light poles, improvements, surface breaklines, striping, sidewalk, ADA ramps, etc. -above ground and underground facilities (any that are marked by others), all utility manholes and pull boxes, and the dipping of the manholes. Tetra Tech will develop a potholing location plan based on our utility research and alignment analysis. Tetra Tech will schedule the potholing activities with the City's Project Manager a minimum of two (2) weeks in advance. Traffic control plans related to potholing activities will be submitted to City staff for review. We have assumed the development of three typical plans, If site specific traffic control plans are required, Tetra Tech will prepare a fee once the locations have been determined. All potholing Information will be logged and included in the Basis of Design and on the Final Design Plans. Per the RFP, we have assumed a maximum of twenty (20) potholes will be required. We understand that we are required to obtain permits and pay all applicable fees for the potholing activities. Backfill and paving will be as required by the Permitting section of the Public Works Agency. The pavement section shall match the existing pavement thickness at a minimum. We have assumed hot mix asphalt replacement will be required. Well 0'32 Rehabilitation Engineering Services Metra Tech will research available records at the City to verify the existing right-of-way for the project area and confirm ownership of the right-of-way. We will review the available information and will inform the City of any issues of concern regarding potential problems having to do with prior rights, license agreements, encumbrances, etc. Task 3. Geotechnical Recommendations Tetra Tech will be responsible for conducting necessary geotechnical testing to determine the existing pavement and base thickness, sub - grade soil type and evaluation of the structural section's condition. Field and laboratory testing will be performed as necessary to recommend pipe bedding requirements, pump house foundation requirements, excavation and shoring requirements, retaining walls as required and a new pavement structural section throughout the Project limits, Foundation design analysis, will be performed to provide earthwork/structural recommendations, pipe bedding requirements, and pavement reconstruction details for the construction of the Project. Geotechnical testing on sampled earth materials for sol classification will be performed to evaluate engineering properties. The test includes moisture content and dry density, gradation, consolidation, direct shear, R -value, and corrosivity (chlorite and sulfate content, minimum resistivity and pH). Geotechnical hazards at the project site will be evaluated and geotechnical recommendations for design and construction of the project will be prepared. The report will include: site conditions, geologic hazards (fault rupture, ground shaking, liquefaction and tsunami), seismicity, foundations, lateral earth pressures, corrosivity, concrete type, pipe subgrade preparation, pipe bedding, materials for trench backfill and backfill compaction; pavement recommendation, and earthwork recommendations. This information will be includes in the Basis of Design, on the Final Design Plans and in the Final Specifications. 251-19 City of Santa Ana We have assumed four (4) borings, one located at the Well #32 site drilled to a depth of 25 -feet, two (2) borings at the bridge crossing each drilled to a depth of 30 -feet and one (1) boring within Memory Lane drilled to a depth of 10 -feet for the proposed pipeline, We have assumed the following: field exploration can be performed during the daylight hours on weekdays, there will be a no charge permit from the City of Santa Ana, identification, handling and treatment of materials that need to be environmentally addressed are beyond the scope of work, we will request the use chalk based paint for USA marking and the removal of USA markings is not included in our scope of work. Tetra Tech will prepare traffic control plans for all geotechnical field work and will be responsible for notifying the Project Manager two (2) weeks in advance of any geotechnical field work being conducted. Traffic control plans will be submitted to the City staff for review, We understand that we will be required to obtain permits and pay all applicable fees for all geotechnical potholing. Backfill and paving will be as required by the Permitting section of the Public Works Agency. The pavement section shall match the existing pavement, section at a minimum Task 4. Well Assessment including Operations and Capacity Tetra Tech will use as -built plans, survey and conduct any necessary field reviews to evaluate the existing well operations and understand the site constraints. We will coordinate all field investigations of the existing well with the City's Project manager. The City shall supply a "down hole" inspection video profiling Well #32. We recommend the City consider performing the following activities for the Well #32 profiling. These activities will provide the information we need in order to provide recommendations for the rehabilitation of the existing well. We recommend the City perform the following: With the pump installed in the well, collect a groundwater sample for bacteria/biofilm speciation analysis by a laboratory to help determine the presence and type of iron -related bacteria, sulfate -reducing bacteria, and/or slime -forming bacteria that may be present in the well. The water samples would be analyzed for their potential to biologically generate and abiotically precipitate various minerals in the well casing and the surrounding gravel pack and the adjoining formation materials under various pumping and non -pumping conditions, Clearly, the groundwater samples must be sent to a laboratory that specializes in such testing and Water Systems Engineering (WSE) laboratory is one such laboratory that can be used for this type of analysis. 2. Conduct a dynamic flowmeter (spinner) survey, to determine the pre -rehabilitation down well flow regime, The City might also want to consider removing the pump and obtaining the following information: When removing the pump motor, column and bowls from the well, inspect and measure all apparatus (both in the field and at the pumping contractor's shop); examine the scale from the pump apparatus and possibly send samples of the scale to WSE for specialized laboratory analysis. 2. Sound the bottom of the casing to determine the amount of sediment fill and then bail that sediment from the bottom of the casing; examine the collected sediments and possibly conduct laboratory analysis (if deemed necessary). 3. Perform a Casing Inspection Thickness Measurement (CITM) survey following removal of the permanent pump. This type of survey allows for the measurement and recording of the current thickness of the walls of the steel well casing, which can be used to compare to the reported thickness of the walls of the installed casing. Thus, this survey can be very 251-20 Well ,M Rehabilitation Engineering Services useful in determining thin (weak) areas of the The Basis of Design will include, but not be limited casing where corrosion may have removed a to, such issues as: significant amount of metal, which could result in the eventual formation of holes in the casing. 1 • An overall evaluation of the existing Well station based an current design standards. We would be glad to meet with the City to discuss the advantages of removing the pump and the additional data that can be obtained from these tests. Task 5. Civil & Operational Project Design Standard and Criteria Tetra Tech will work with City staff to determine the applicable design standards and criteria in addition to those defined by the Study. We will consider other possible agency design criteria and/ or standards as necessary. A maximum of three 3 -hour workshop sessions shall be conducted with the Project Manager, City Operations staff and the Tetra Tech design team. We will organize the meeting including obtaining background information for discussion, preparing the agenda, compiling meeting minutes and action items, as well as distributing the minutes as required. Elements to be discussed shall include, but not be limited to, operational parameters, ideal control conditions, and operator experience, Task 6. Basis of Design Upon completion of Tasks 2 through 5 above, Tetra Tech will prepare a Basis of Design Report including elements and findings from all of the Tasks. The Basis of Design Report shall summarize all of the alternatives and outline the agreed upon alternative including reasons why the alternative was chosen. The Basis of Design includes 30% drawings of the chosen alternative including all proposed improvements, The Basis of Design Report shall be stamped and signed by a California Registered Civil Engineer. Prior to completion of the final Basis of Design Report, Tetra Tech will prepare and submit for review a draft Basis of Design Report to City staff, 2. Make recommendations for Well #32 improvements including site alternatives (two minimum) for the building as well as related discharge piping, Propose possible building architectural features that can be incorporated into the local neighborhood surroundings and provide concept drawings of the new building. We have assumed we will consider two roof type options — a gabled roof and a flat -top roof with a parapet. We have also assumed that the building will be a CMU building, similar to other City facilities. We will work with the City and discuss building aesthetics and what can be cost-effectively accomplished to better assimilate the building into the park and the surrounding residential area. We have assume the preparation of two renderings, one for each building type. 3. Identify new Well #32 station improvements needed to improve operations, reliability, and safety. The City would like to re -develop this Well. Inform the City of the ideal method for rehabilitation upon review of as -bunts and well survey video. In addition, the criteria as defined In the Study shall be met, although additional improvements related to the selected design criteria may exist, Note: this well site is not expected to have a permanent backup power system on-site. 4. Prepare preliminary electrical design plans for the motor control center, Well #32 RTU control panel, Garthe Pump Station RTU control panel and related appurtenances, The City desires that the existing motor control center (MCC) at Garthe Pump Station remain in place and be tied into the new RTU panel. 5. Make recommendations for communications between Well #32 and Garthe Pump Station. We will look at two alternatives for stable communications between both sites: radio 251-21 City of Santa Ana and fiber optic. The City has traditionally used radio but prefers to install buried fiber optic cables for communication between these sites, Identify all requirements for the options described including maintenance and operation related constraints. We understand that the City generally uses MDS NET II radio communications for site to site/home SCADA communications. 6. Prepare a preliminary underground data communication pipeline network plan at the John Garthe Pump Station. Tetra Tech will prepare a plan that identifies how the existing wells communicate to John Garthe Pump Station and how the new Well #32 will communicate to the pump station. All wells shall communicate to the main RTU at John Garthe Pump Station. Tetra Tech will provide recommendations for improvements to the communications between the existing wells and the John Garthe Pump Station. The improvement of these communication systems are beyond the scope of this project. 7. Prepare preliminary onsite sodium hypochlorite generation plans to disinfect the water used to fill John Garthe Reservoir. 8, Identify hydraulic conditions with the selected alternative to use in conjunction with the City Hydraulic Model to ensure satisfactory operations under normal operating conditions. We have assumed the following model runs with all the wells running at once is the worst case scenario, We will then run models without each of the high nitrate wells, Well #18 and then Well #24. We have assumed that Wells #36 and #39 will also be running since they have the low nitrate water. In the event that the pipe discharge line to Garthe Reservoir Is used to increase system headloss, material fatigue shall be considered a factor when selecting the pipe line material. 9. Prepare a schedule for Garthe Pump Station and Well #32 Operational Functional Specification and related deliverables for control programming related items. 10. Prepare preliminary horizontal alignment and vertical profile of water distribution main upgrades including all utility relocations. Minor storm drain improvements will be required for the drain to waste line during well startup procedures. We have assumed that we are tying into the existing drainiine and that a new drain line is not required, 11. Well pumping strategies shall be identified. Care shall be taken to limit well pump cycling given the operating constraints identified in the Study. 12. In the event that a pressure reducing/sustaining valve is determined to be necessary at John Garthe Reservoir per Alternative One (1) of the Study, site improvements and yard piping improvements will be necessary at the John Garthe Reservoir site. In addition, any site automation required to operate this valve both locally and through SCADA shall be subject to the requirements listed in the PLC Panel Design and Control Strategies section of the RFP. 13. Prepare park site improvements, preliminary horizontal alignment and profile of the parking lot that will be altered due to the construction and by adding a new well building at Morrison Park, 14. Preparation of a preliminary estimate of probable cost. 15, Preparation of preliminary staging for construction including a traffic management plan and traffic control plans. 16. Outline the preparation and submittal process of all required permits associated with getting the project approved and ready for construction. This Includes estimated time frames for processing said permits. 17. Prepare required documents and assist in Environmental approvals. In the event that an Environmental Impact Report (EIR) is deemed necessary, all necessary documentation will be prepared as required by CEQA. An initial study and mitigated negative declaration has been included in our proposal fee. A fee for an EIR shall be an optional item in the event that an EIR is required. 251-22 Tetra Tech anticipates preparation of an Initial Study (IS)/Proposed Mitigated Negative Declaration (MND) for the Water Well #32 Project as stated in the RFP and per the Public Resources Code Section 21080(c) and CEQA Guidelines Section 15070. The scope of work to prepare the IS/MND follows. Technical studies for air qualitylgreenhouse gas and noise are included, as well as a biological resources letter report, and responses to agency and public comments. The five tasks in the scope of work are as follows: Task 1. Project Initiation and Organization. Tetra Tech will perform a site visit, review project plans and reference materials, assess additional data requirements, and attend a kick off meeting for the environmental analysis effort associated with obtaining the required CEQA clearance for the Water Well #32 Project per the RFP. Task 2. Prepare Project Description, Based upon the site visit and review of project and reference materials, a draft project description for the project with supporting Site Plan exhibit will be prepared for review by the project team to confirm its accuracy and completeness. The finalized project description and Site Plan will form the basis for the environmental documentation. Task 3. Prepare and Submit Administrative Draft ISIMND. A complete Initial Study (IS)/ Proposed MND will be prepared, using the CEQA checklist. It is anticipated that the following technical studies will be required to support the IS/ MND: 1) a construction -phase technical analysis for fugitive dust and greenhouse gas emissions; and 2) a construction -phase noise impact assessment. A brief biological resources letter report will also be prepared. Tetra "tech will attend one meeting at the City of Santa Ana to go over City comments on the Administrative Draft IS/MND. Three hard copies and electronic PDF files of the Administrative Draft IS/MND will be submitted to the City of Santa Ana. Well #32 Rehabilitation Fngineering Services Task 4. Prepare Revisions, Produce, and Circulate Draft IS/MND. Revisions to the Administrative Draft IS/MND will be made in response to one set of comments by City Staff. Three hard copies and electronic PDF files of the Draft IS/MND will be provided to the City. A one- page summary of the document will also be provided for use in newspaper advertisements and public notification efforts by City Staff. It is assumed that the City will prepare the distribution list for public distribution of the IS/MND (with Tetra Tech input), and be responsible for the posting of all required notices, Task 5. Prepare Draft Responses to Public Comments, and Compile and Submit Final ISIMND. Immediately following the end of the public review period, Tetra Tech will prepare written responses to any comments received on the environmental document. For the purpose of estimating cost for this task, it is assumed that no new analysis or substantive changes to the existing analysis in the IS/MND will be necessary, and that the collective responses can be prepared within a maximum 12 hours by technical staff. If the volume of comments either exceed the predicted amount, or are less than predicted, this cost item would need to be adjusted. Ms, Johnson will attend one. meeting at the City of Santa Ana to go over City comments on the Draft Responses to Public Comments, and one City of Santa Ana public hearing for adoption of the MND. Three hard copies and electronic PDF files of the Administrative Final ISIMND will be submitted to the City. The Final IS/MND will be completed following any comments by City Staff. Five hard copies and electronic PDF files of the Final ISIMND will be provided to City Staff. Upon receiving comments from the Project Manager, Tetra Tech will incorporate all appropriate and agreed upon comments and submit the final Basis of Design Report. The final submittal of the Basis of Design Report shall include five (5) hard copies and one bound accordingly and one (1) electronic copy and shall be delivered to the Project Manager. 251-23 City of Santa Ana Tetra Tech will prepare 60% design plans, specifications and estimate of probable costs (PS&E's) in accordance with the approved criteria as outlined in the Final Basis of Design as prepared in Task 10 above. The 60% PS&E's shall be prepared using current City Standards, other agency standards where applicable, and good engineering practice. The 60% PS&E's shall be submitted to the City for review. Other agencies' review may be required if noted in the Final Basis of Design Report. Two (2) hard copies of full size (36x24) plan sets, four (4) hard copies of half size (11x17) plan sets and one (1) electronic pdf copy of the 50% PS&E's to the Project Manager. All electronic CAD files must be in the MicroStation v8i format or compatible. The 60% PS&E submittal should include plans of all disciplines for the proposed storm drain improvements and for the pump station capacity improvements Including all civil, mechanical, electrical, geotechnical, structural, and any other design required, overall outline of the specifications with some detail included and an engineer's estimate of probable costs with preliminary quantities and unit costs. The 60% PS&E submittal shall also include 60% drawings and specifications related to system integration for the City SCADA network as described in Task 8 below. The 60% PS&E submittal shall also include a proposed blending plan for review and submittal to the State Water Resources Control Board, Drinking Water Division. We envision the construction drawings will include the following: Title Sheet General Notes N Horizontal Control Plan 19 Well 32 Demolition Plan Well 32 Site Plan and Grading Plan Well 32 Site Details Well 32 Yard Piping Plan to Well 32 Drain Line Profile Well 32 Discharge Pipeline Plan and Profile (3 sheets/40 scale) IM Well Mechanical Plan and Section Well Details to John Garthe Piping Connection and Fiber Optic Line Alignment Piping and Miscellaneous Details (2 sheets) Is Sodium Hypochlorite Generation Schematic and Details Sodium Hypochlorite Mechanical Piping Plan and Sections Is General Structural Notes • Structural Observation Notes • Well 32 Exterior Elevations • Well 32 Structural Foundation Plan • Well 32 Structural Roof Framing Plan • Well 32 Structural Section • Structural Details (4 sheets) • Sodium Hypochlorite Building Exterior Elevations, Floor and Roof Framing Plan • Sodium Hypochlorite Building Structural Section and Details • General Electrical Notes and Symbols • Well 32 Electrical Site Plan • Well 32 Electrical Single Line Diagram, MCC Elevations and Conduit Schedules • Well 32 Power Plan Is Well 32 Lighting Plan Sodium Hypochlorite Power Plan IN Well 32 Block Diagram (2 sheets) Well 32 Loop Diagram (2 sheets) 251-24 14 Well 32 Title 24 Calculations • John Garthe PS PLC Modifications • John Garthe PS Loop Diagram (4 sheets) la P&ID Symbols • P&ID Sheets (4 sheets) • Well 32 Irrigation Plan and Details • Well 32 Water Conservation Package Sheet • Well 32 Planting Plan and Details • Traffic Control (12 sheets) u Conduct "Site Audit" work sessions with the City Water Production Team to Identify, inspect and evaluate existing hardware and controls equipment for Well #32 and the Garthe Pump Station. Catalogue all existing controls hardware and provide recommendations for enhancement and standardization of hardware where applicable based on currently available technologies and industry best practices. Due to John Garthe Pump Station keeping the existing MCC unit, assume that 90% of the time for the audit be dedicated to John Garthe Pump Station. It is anticipated that 80 hours of site visitation time will be needed for this task. Existing Conditions Evaluate the condition of existing PLC racks, 1/0 modules, field wiring and backup power supplies. Provide a summary of assessment findings and recommendations for enhancement. 2. Prepare an "Instrument Database" (master equipment list) cataloging all existing hardware and configuration details for the site. The format and fields of this database shall be developed in collaboration with the City Water Production Team. Wall ,032 Rehabilitation Engineering Services 3, Create an 1/0 database to catalogue all system I/O and communications, which shall include summaries of the use and function of each, The database shall be provided in a form easily integrated with an SOL database. The format and fields shall be developed in collaboration with the City Water Production Team. The type of 1/0 captured in this database shall include, but not be limited to, PLCs, local and remote hlMls, remote 1/0 modules, radio transmitter modems, backup power, wiring and termination blocks, 4. Provide recommendations for control hardware upgrades and standardization. These recommendations will be used for the new panel designs. 5. Verify existing field wiring to determine where re -integration with the new main RTU panel at Garthe Pump Station needs to occur. Extent of field investigation shall be sufficient to design the new RTU panel and understand all existing field wiring and circuitry. Conduct"Site Operations" work sessions with the City Water Production Team to develop standard automated operating procedures for the Well #32 operation and John Garthe Pump Station. Enhance existing operational practices based upon new capabilities or functionality of technology, recommend corrections to current deficiencies, recommend improvements, as well as enhance reporting, monitoring and system controls capabilities. We have planned for a minimum of five (5) work sessions (4 hours each) with City Staff to develop these procedures and panel design. Develop a detailed understanding of the facilities' operational function including all equipment, controls, instrumentation, and communication systems. Research as necessary to fully understand the capabilities and limitation of the station in its current operational configuration. 2. Provide a "Site Operations" summary of current operating procedures based upon findings/ results of these work sessions, 251-25 City of Santa Ana Develop control panel drawings for the Well #32 Station and John Garthe Pump Station. Well #32 will require a new Motor Control Center Lineup with a main RTU site control panel, while Garthe Pump Station will require a new main RTU Control Panel to accommodate the introduction of a new fill well. Each panel drawing shall fully specify all system equipment in the panel, including but not limited to, PLCs, HMI's, Radios, input/output cards, timers, fuses, switches, panel dimensions, backup power supplies and relays. Panel drawings shall be detailed and precise for construction and fabrication purposes. Panel design submittals shall correspond with the 60%, 100% and final design set time frames, Drawings shall include, but not be limited to: 1. All wiring diagrams for each panel including analog inputs, analog outputs, discrete inputs, discrete outputs, terminal blocks, etc. This design shall be provided to the Contractor for fabrication. 2. The loop diagrams shall include content required by ANSI/ISA S5.4 - Instrument Loop Diagrams. 3. Each control panel drawing shall also have Factory Acceptance Test (FAT) requirements and Site Acceptance Test (SAT) requirements. Acceptance testing requirements will be developed based on all operational and audit workshops conducted and be individually created based on the applied site. Clear definitions of acceptance criteria will be required. 4, In the event of a failed FAT or SAT, procedures for correction and retesting shall be defined. 5, Drawings shall include all standard field wire labeling requirements, wire termination, color coding of wiring and devices as well as nameplates. Develop standardized functional specifications for the site. These specifications shall be used by the Contractor to program all logic controllers, Testing requirements of the programmable logic controllers shall be included in the FAT and/ or SAT requirements defined above. These site standardized specifications shall also be intended for use as the Operational Site Manual for the Well #32 and John Garthe Pump Station Operators. These specifications shall include, but not be limited to, the following: 1. Narrative overview of the function and operation of Well #32 and John Garthe Pump Station. 2. Identification of all components of the station (i.e., equipment, instrumentation, etc). 3. Narrative description of the functionality of each component of the station (e.g., pumps, tanks, VFDs, valves, meters, sensors/transmitters, monitors, etc.), 4. Description of the process control strategies for the station, as follows: A. Narrative description of each process control strategy; S. Identification of the specific 1/0, set points, commands, and communications associated with each strategy; C. Detailed description of the control logic for each component/strategy, including parmissives, interlocks, PID controls, etc.; 5. Description of the SCADA interfaces (The City SCADA Network is Dynac ES provided by Kapsch TrafficCom USA, Inc); 6, Narrative and detailed description of system alarms and other functionality. [lased upon Tetra Tech's detailed understanding of John Garthe Pump Station and Well #32 functionality and operations, we will develop comprehensive Factory Acceptance Test (FAT) Criteria and Site Acceptance Test (SAT) criteria, providing recommendations for test protocols, 251-26 acceptance parameters and other control system submittals associated with the planned improvements to ensure that all Contractor programming requirements are being executed in compliance with the specifications. It is important to note that while the majority of improvements will be designed for Well #32, much of the FAT and SAT criteria will pertain to John Garthe Pump Station. Well #32 cannot run without John Garthe Pump Station. 1. Provide a witnessed FAT Checklist for the Contractor's Programmer. 2. Provide a witnessed SAT Checklist for the Contractor's Programmer. 3, Provide a specification that documents how FAT and SAT testing will be conducted, how discrepancies will be noted, and how the Contractor is expected to note and correct all deficiencies. Tetra Tech will act as the City's agent during factory and on-site functional and performance acceptance testing and shall document and identify all functional and performance discrepancies and coordinate corrective actions to resolve identified discrepancies prior to City Acceptance, We have assumed 40 hours for FAT validation and 60 hours for SAT validation for Well #32 and John Garthe Pump Station. On an as -needed basis, Tetra Tech shall provide on-site support for commissioning (start-up) activities, in close coordination with the Well #32 Rehabilitation Improvements Contractor and PCS Integrator. We shall be present during system commissioning to verify all aspects of the control system and associated process equipment are exercised and to ensure deficiencies are corrected by the Contractor/PCS Integrator as they are found. Commissioning will not be considered complete until it has determined that all of the system requirements have been met. We have assumed 60 hours for commissioning support. Well #32 Rehabilitation Engineering Services Key Deliverables (independent of the 30%, 60%, 100% and final design set submittals) under this task are as follows: Site Audit Technical Memo attdum_: The "Site Audit" work sessions shall follow with a summary of hardware assessment findings. This TM will provide recommendations associated with hardware upgrades and standardization. 2. Instrument Database: A list of all existing hardware and configuration details shall be submitted for review and comment by the City A separate list of any proposed hardware shall also be included (this list shall identify which piece of hardware that it will be superseding). The format and proposed fields shall be approved by the City prior to development/submittal of this database. 3. ILO„_atabase: A list of all system 1/0 and communications interfaces shall be submitted for review and comment by the City The format and proposed fields shall be approved by the City prior to development/submittal of this database. 4, �Sitg CeratiQi�g 7gchnical Memorandum fTMI: The "Site Operations” work sessions shall follow with a field summary for review and comment by the City. The memorandum will include an organized summary of existing operating procedures, The TM shall also Include recommendations for improvements to system practices and procedures, 5. Functional Snecifs-cation: A functional specification, as described in the scope above, shall be submitted for review and comment by the City, The format and content outline shall be approved by the City prior to final development/submittal. 6. E8Tla6J Protocols: Acceptance testing protocols and criteria for all control system and criteria for all control system submittals will be submitted to the City for review and comment. 251-27 City of Santa Ana 7. FAT/SAT Results RReport(s): Acceptance testing results, including required corrective action plans to address any performance/functional deficiencies, shall be submitted to the City for review and comment, 8. Commissioning/Startup Report: Acceptance testing results, including required corrective action plans to address any performance/functional deficiencies, shall be submitted to the City for review and comment. Rummillz; . Utilizing comments received from the various reviewers, Tetra Tech will prepare the 100% PS&E's in accordance with the approved Basis of Design Report as prepared in Task 6. We will compile in a matrix format all 60% comments received and responses made for review by the Project Manager, A column in the matrix will outline any action taken in resolving the comment. This spreadsheet will be submitted to all reviewers as part of the 100% PS&E submittal. If needed, we will schedule review meetings with key reviewers to clarify any comments and resolve any conflicting comments. All comments from the 60% review must be addressed and incorporated into the 100% PS&E's as stated in the response matrix. The 100% PS&E submittal shall include a complete set of improvement plans including all disciplines and all detail sheets. The 100% Specifications/Bid Documents shall be a complete package with all bid items included, The 100% engineer's estimate of probable costs shall be complete including updated quantities, unit prices, and carried totals for each bid item and a grand total for the Project. Two (2) hard copies of full size (36x24) plan sets, four (4) hard copies of half size (11x17) plan sets, one (1) electronic pdf copy of the 100% PS&E's shall be delivered to the Project Manager. After receiving any comments on the 100% submittal from the various reviewers, We will prepare Final PS&E s ready for bidding. We will compile in a matrix format of all 100% comments received and responses for review by the Project Manager. A column in the matrix will outline any action taken in resolving the comment. This spreadsheet will be submitted to all reviewers prior to and as part of the Final PS&E submittal. If needed, we shall schedule review meetings with key reviewers to clarify any comments and resolve any conflicting comments. All comments from the 100% review will be addressed and where required will be incorporated into the Final PS&E's. The Final PS&E submittal shall include a complete set of improvement plans including all disciplines, all detail sheets and shall be signed by a registered engineer in the State of California for each discipline. The Final Specifications/Bid Documents submittal shall be a complete package with all sections of the standard City bid documents included and will have listed all bid items in the standard form. The Final Engineer's estimate of Probable Costs shall be complete including final quantities, unit prices, carried totals for each bid item, a grand total for the Project. Two (2) hard copies of full size (.36x24) plan sets, four (4) hard copies of half size (11x17) plan sets, one (1) electronic copy of the final PS&E's shall be delivered to the Project Manager. We will address any final comments to the plans, specifications and engineer's estimate of probable costs based on input from the Project Manager prior to going to bid. 251-28 v Task 11, Bidding and Construction Phase Services Throughout the bidding and construction process, Tetra Tech will assist the Project Manager in the following Items: 1, Assist in responding to questions raised during the bidding process including preparation of any addenda. 2. Attend the pre -construction meeting and construction kick-off meeting. 3. Respond in writing to any contractor's questions (RFI's) during construction. We have assumed a total of twenty (20) RFI's for purposes of this proposal. We have assumed that ten (10) will require design sketches or exhibits. 4. Attend site visits to clarify design Issues in the field as required by City staff. We have assumed a total of twenty (20) hours for site visits and construction meetings. 5. Collect and compile all equipment and product information provided by the Contractor and incorporate into an Operations and Maintenance manual. The manual will include the specifications, maintenance recommendations and warranty information. 6. Assist the City with start-up of the facility upon commissioning of the well into operation. We have assumed a total of forty (40) hours for the purposes of this proposal. 7. Evaluate and respond to the Contractor's requests for change orders, We have assumed a maximum of six (6) requests that will need attention, 8. Factory and Site Acceptance Testing as required and described in Task 8. 9. Review shop drawings, samples, equipment specifications and other submittals. We have assumed sixty (60) submittal reviews for purposes of this proposal. Well #32 Rehabilitation Engineering Services Tetra Tech will review RFI's and shop drawings during construction when forwarded by the City's Construction Project Manager and understand that we may be required to visit the construction site to resolve construction issues. Upon receipt and acceptance of the field As -Built construction drawings from the Project Manager, Tetra Tech will prepare final As -Built drawings incorporating any changes that occurred during the construction. Field changes shall include all civil, electrical, controls and mechanical disciplines, We shall submit one (1) full size ($6x24) hard copy of the As -Built drawings to the Project Manager along with one (1) electronic copy in Micro5tation Format. The final As -Built drawings and RFI log shall be stamped and signed by a Registered Civil Engineer in the State of California. After construction has been completed and the site has been commissioned, we shall finalize an operational site manual that fully defines how the site functions. Care shall be taken to address the blending strategies and parameters for Well #32 to remain in operation. In addition, all Operator duties shall be defined and procedures for field checking common errors shall be established. The intent of this site manual is to define standard operating procedures for field operations. 251-29 TETRATECH $ 0.15/Each CAD Technician 1 $65,00 EXHIBIT .B -SW $75,00 CAD Technician 3 2017 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Project Management Sr CAD Designer 2 Construction Project Manager $195.00 Construction Project Rep I Project Manager 2 $220.00 Construction Project Rep 2 Sr Project Manager $275.00 Sr Constr Project Rep 1 Program Manager $297.00 Sr Constr Project Rep 2 Principal in Charge $315.00 Construction Manager 1 Construction Manager 2 Engineers Construction Director Engineering Technician $37.00 Engineer 1 $96,00 General & Administrative Engineer 2 $115.00 Project Assistant 1 Engineer 3 $125.00 Project Assistant 2 Project Engineer 1 $140.00 Project Administrator Project Engineer $155.00 Sr Project Administrator Sr Engineer 1 $170.00 Sr. Graphic Artist Sr Engineer 2 $179.00 Technical Writer 1 Sr Engineer 3 $210.00 Technical Writer 2 Principal Engineer $300.00 Sr Technical Writer Planners Information Technology Planner 1 $104.00 Systems Analyst / Programmer 1 Planner 2 $115.00 Systems Analyst / Programmer 2 Sr Planner 1 $125,00 Sr Sys Analyst / Programmer l Sr Planner 2 $151.00 Sr Systems Analyst /Programmer 2 SrPlanner 3 $175.00 Designers & Technicians $ 0.15/Each CAD Technician 1 $65,00 CAD Technician 2 $75,00 CAD Technician 3 $90.00 CAD Designer $100.00 Sr CAD Designer 1 $125.00 Sr CAD Designer 2 $145.00 CAD Director $150.00 Survey Tech 1 $SOHO Health & Safety II&S Administrator Sr H&S Administrator H&S Manager Project Accounting Project Analyst I Project Analyst 2 Sr Project Analyst Reimbursable In -House Costs: $78.00 $85.00 $100.00 $115.00 $165.00 $185.00 $233.00 $67.00 $75.00 $95.00 $120.00 $150.00 $97.00 $124.00 $155.00 $77,00 $115,00 $130.00 $196.00 $90.00 $114.00 $155.00 Photo Copies (B&W 8.5"xl P') $ 0.15/Each Photo Copies (B&W 11"x17") $ 0.40/Each Color Copies (up to 8.5"xll") $ 2.00/Each Color Copies (to 11 "x17") $ 3.00/Each Compact Discs $1 Teach Large format copies $0.40 S.F. $95.00 Computer Usage: not to exceed $3.55/11011r $115.00 Mileage•CompanyVehicle $0.80/mile $145.00 Mileage-POV $0.55/mile* *current GSA POV mileage rate subject to change All other direct costs, such as production, special photography, postage, delivery services, overnight mail, printing and any other services performed by subcontractor will be billed at Cost plus 10%. NOTE: Rates subject to change amorally. 251-30 FyGF Q G W Q' $ Q Slm-&'�I F sl�affi � -°J w$!P i - — -20 � XIi$tnJrve s•� dN PIN Ml a m'dn i4v,� � III �I nl I I� 'm Iry n I. i i� �) � m�'r�ly' m a 8 SSSSSS i� RM ( I mn I I S¢ I I II I I l l �m n�m 1 1 1 �mvWnn b I ^ n'nI I„ I I`i I oa�wi d ' I s�TeI)m I I�m m n( ii r�„ ! Ili { i II -- II I I x sC glr:r 3kk^ »�!S WR ik kr G219:1�^^9 - TTTIITI„ 3 warty. it Hill'(illi II it !III i I-17 III jM IIII II LI 5 I I I N Q efr ggg Ing z � I Ee �I%6 I � I p�3 e I 5i al l ". rc G b9 Z �I EI C M fr ..GIS U v Fu R 7 sY'a 9 aC s) 9t�G�' its is i$p� 1 e.k a s AS 4a slS slt Ga pgE � 1 Y Yni C ael&M«8yb '��•43 os��X3d Y� 6 m'� 33.3s3..�3_nw.R 333.3'3 3i3 u E a e 3 s ..- klF K g �' p. IT 251-31 I II 7;1 b} iim nl f p p i! " .l I ' I (�I�' T 1 I X11 T .. ! I" I (i_ I I I nl iwn cal '' meai k m A;Aag i1 R_G:�'S 'I � III:" aA s,��19p°rS 1 9 . AGI'�G"xp I N' '_l Illi II I� :ill !: 11i1. lil 'i I II I III 11 I�' I 'II I III Il lid I'Il Iii III I 9p iC ( IMg19M E g I I I 3' �` IE,J EE� �80K3 E m nS �3 Cgs n3 sas p'.,�1 EHflle y 1 S � c� M� �'yEu Sp 5 G E SR i' (1 g 9c � 5M s � � #s x � w" a I� � w1 P. 5 s��� H_�q$ 8 �,.`� HIM � �. � 251-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: APPROVE TENANT -INTEREST PURCHASE AGREEMENT FOR BRISTOL STREET IMPROVEMENTS, PHASE 3A (PROJ. NO. 136792 NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY k1ANAGER CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute purchase agreement of Tenant Interest in the property listed below and goodwill (if any) with the following property owner/ tenant, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner/ Tenant Property commonly known as / location Acquisition Amount . , 1.1 """ "" Tenant 1 Ana Porcile 1111 N Bristol Street Suite G Interest $15,872 (APN 405-274-10) DISCUSSION Bristol Street is a north -south transportation corridor designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. The City is acquiring properties for the development of Phase 3A bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by fall 2017 and construction is anticipated to begin in spring 2018. The acquisition of the tenant interest (Exhibit 1) is necessary to accommodate the improvements and widening for Phase 3A. The above listed tenant agreed to quitclaim all of their tenancy interest, including loss of goodwill, for the listed purchase price. The purchase price is based on the appraised value prepared by a State -licensed appraiser, and the offer has been accepted by the tenant -seller. The tenant interest purchase price for the acquisition listed above is shown in the corresponding agreement (Exhibit 2). 25J-1 Tenant Interest Purchase Agreement for Bristol Street Improvement Phase 3A June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds are available in the Bristol Street Improvements Project (No. 136792) for expenditure in FY 2017/2018 in the Select Street Construction Fund (Account No. 05917661-66100), subject to nonsubstantive changes. A Ah ^ -- re Mousavipour Executive Director Public Works Agency FMNVG/JG/KN/ML Exhibits: 1. Location Map 2. Agreement for APN 405-274-10 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25J-2 10Th STREET 9TH STREET CIVIC CENTER DR. IKR,T#M i9HJEC1 PHCIPLP.i [ES —areuirro FFIVIII FIIIes WASHINGTON AVENUE EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA. ANA TITLE: PURCHASE AGREEMENT FOR CITY COUNCIL BRISTOL STREET IMPROVEMENTS FA'A' AGENDA DATE: PHASE 3A (PROJECT NO. 136792 JUNE 20, 2017 NONGENERAL FUND) weuc WORKS RGEIWY (Strategic Plan No. 6, 1, G; and 3, 2, C] 25J-3 PAGE 1 OF 1 SELL AND SALVAGE Project: Bristol Street Improvement Project — Phase 3A APN: 405-274-10 Tenant -Seller: Ana Porcile dba Total Nutrition AGREEMENT FOR ACQUISITION OF TENANT -SELLER'S INTEREST IN REAL PROPERTY THIS AGREEMENT ("Agreement") is entered into as of this day of , 2017, by and between THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California ("Buyer"), and ANA PORCILE DBA TOTAL NUTRITION ("Tenant -Seller") for the acquisition by Buyer of certain interests in real property described herein. IT IS HEREBY AGREED BETWEEN THE PARTIES AS FOLLOWS: 1. AGREEMENT. Tenant -Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase and acquire from Tenant -Seller, upon the terms and for the consideration set forth in this Agreement, (a) all right, title and interest, in and to certain improvements, including fixtures and equipment (collectively " Conveyed Improvements") located in, on, or affixed in any manner to the premises known and numbered as 1111 N. Bristol Street, Suite G, Santa Ana, California ("Premises") which Premises are part of that real property described in Exhibit A attached hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (b) any tenancy interest of Tenant -Seller ("Tenancy Interest") in and to the Premises and the Property. The Conveyed Improvements are a part of the Premises, and specifically include, without limitation, the items described in the list of Improvements Pertaining to the Realty attached hereto as Exhibit B. Tenant -Seller may retain, salvage and remove from Premises those improvements described in Exhibit C attached hereto ("Retained Improvements"). The conveyed Improvements and the Retained Improvements are collectively referred to as the "Improvements." 2. PURCHASE PRICE. The total purchase price, payable in cash through this Agreement, shall be the sum of: FIFTEEN THOUSAND EIGHT -HUNDRED SEVENTY-TWO AND NO/100 DOLLARS ($15,872.00) ("Purchase Price") which is computed as follows: Value of Conveyed Improvements as shown on Exhibit B $16,029.00 Less the Salvage Value of the Retained Improvements as shown on Exhibit C $157.00 TOTAL AMOUNT PAYABLE THROUGH THIS AGREEMENT $15,872.00 3. CONVEYANCE OF INTEREST IN REAL PROPERTY. Tenant -Seller agrees to execute a Quitclaim Deed in the same form as that attached hereto as Exhibit D in favor of Buyer 1 Exhibit 2 25J-4 ("Quitclaim Deed"), relinquishing, releasing, and forever quitclaiming to Buyer all right title and interest in and to the Tenancy Interest. 4. Tenant -Seller has vacated the property on 5. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim Deed will also convey from Tenant -Seller to Buyer all of Tenant -Seller's interest in and to the Improvements, which conveyance shall be free and clear of all recorded and unrecorded encumbrances, liens, assessments, leases, and taxes. Unless otherwise provided, recording of the Quitclaim Deed and Closing (as defined below) of the transaction described herein shall be subject to Tenant -Seller's vacation of the Premises and proof of clear title to all said Improvements having been obtained and received by Buyer in accordance with Paragraphs 8 and 9 of this Agreement. 6. RECORDING. Recordation of any documents delivered through this Agreement is authorized if necessary or proper, upon acceptance by Buyer as described herein. 7. CERTIFICATION OF OWNERSHIP. Tenant -Seller hereby warrants and certifies under penalty of perjury that Tenant -Seller is the owner of the Improvements and that no document has been signed by or on behalf of Tenant -Seller for the purpose of creating any lien, encumbrance, or security interest in any of the Improvements, and that the Tenant -Seller does not know of any claim of lien, encumbrance, or other security interest therein, EXCEPT: (a) Trust Deeds on the Property, duly recorded; and (b) real and personal property taxes. 8. PERMISSION TO ENTER PREMISES. Tenant -Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable times prior to Closing of this transaction for the purpose of making necessary inspections. 9. BULK SALE. In order to establish proof of clear title to the Improvements, Buyer may publish a Notice to Creditors pursuant to the Bulk Sales Law of the State of California and obtain a title report and/or a report from the Secretary of State's Office as to filings of security interests covering the Improvements. 10. CONFLICTING INTERESTS. In the event any conflicting claim of title or any security interest or lien of any kind is discovered or asserted as to any of the Improvements, Buyer shall, upon receiving notice or knowledge thereof, withhold an amount otherwise payable to Tenant -Seller as is reasonably necessary, in the sole opinion of Buyer, to protect Buyer against such claim of interest or lien. The withholding of such funds shall not prevent Closing of this transaction if the total funds to be withheld from Tenant -Seller do not exceed the net amount to be paid to Tenant -Seller through this transaction. Buyer will not pay out the withheld funds or disburse any withheld funds to any claimant or other party (except upon court order or levy) without the written consent of Tenant -Seller. A general creditor's claim shall not be deemed to be a claim against any specific item of Improvements and Tenant -Seller hereby agrees to accept all responsibility therefore. Unless otherwise provided, it shall be presumed that Tenant -Seller is entitled to payment tinder this transaction for the Improvements, It shall be presumed that the Property owner is the owner of all improvements, fixtures and equipment associated with the Premises other than the Improvements. 25J-5 11. DISMISSAL OF EMINENT DOMAIN ACTION. If Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant -Seller's interest in the Improvements, Tenant -Seller hereby consents to the dismissal of such action and waives any claims for compensation, costs, attorney's fees and deposits in said action, or any claim whatsoever which might arise out of the filing of such action, whether or not such claim is specifically identified herein. Tenant -Seller hereby authorizes Buyer to withdraw and make payable to Buyer any fiords deposited with the Court in any such eminent domain action. 12. CLOSING: PURCHASE PRICE ADJUSTMENTS. Recording of the Quitclaim Deed by Buyer will constitute "Closing" of this transaction. At Closing, Buyer will pay the Purchase Price to Tenant -Seller, subject to the following adjustments: A. Pay and charge Tenant -Seller for any and all current and/or delinquent taxes and any penalties and interest thereon, and for any delinquent or non -delinquent assessments or bonds against the Improvements and the Tenancy Interest. B. Pay and charge Tenant -Seller for any amount necessary to place title in the condition necessary to satisfy Paragraphs 4 and 9 of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant -Seller. 13. FULL AND COMPLETE SETTLEMENT. Tenant -Seller hereby acknowledges that the compensation paid to Tenant -Seller through this Agreement constitutes the full and complete settlement of any and all claims against Buyer, resulting from or arising out of Buyer's acquisition of the Property and the Tenancy Interest and any dislocation of Tenant -Seller from the Premises, specifically including, but not limited to the value of the Improvements, leasehold improvements, any and all claims for rental or leasehold value and any and all claims in inverse condemnation and for pre -condemnation damages, and any and all claims for loss of business goodwill, and any and all other claims that Tenant -Seller may have, whether or not specifically mentioned here, relating directly or indirectly to the acquisition by Buyer of the Property, the Improvements and the Tenancy Interest, and the loss of business goodwill (but excluding relocation benefits to which Tenant -Seller may be entitled). Tenant -Seller hereby disclaims any right, title or interest in or to the Premises. Tenant -Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releases"), hereby release the other party, and its Releases, and each of them from any and all obligations, liabilities, claims, costs, expenses, demands, debts, controversies, damages, causes of action, including without limitation those relating to just compensation or damages which any of them now have, or might hereafter have by reason of any matter or thing arising out of or in any way related to any condemnation action affecting the Property, the Improvements and the Tenancy Interest. Additionally, Tenant -Seller hereby expressly and unconditionally waives any claims (known or unknown) including loss of goodwill, severance damages, statutory interest, claims for inverse condemnation or unreasonable pre -condemnation conduct, or any other compensation, damages or benefits, arising from the acquisition of the Premises that Tenant -Seller may have against Buyer, its officials, representatives, and attorneys. 14. ACKNOWLEDGMENT CONCERNING CIVIL CODE SECTION 1542. Tenant - Seller acknowledges that it has been advised by its attorneys concerning, and is familiar with, the provisions of California Civil Code §1542, which provides as follows: 3 25J-6 "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Tenant -Seller acknowledges that it and any others acting on its behalf herein may have sustained damage, loss, cost, or expenses that are presently unknown and unsuspected and which may give rise to additional damages, loss, costs, or expenses in the future. Nevertheless, Tenant -Seller acknowledges that this Agreement has been negotiated and agreed upon in light of that situation and hereby expressly waives any and all rights which it or others acting on its behalf may have under California Civil Code §1542, or tinder any statute or common law or equitable principle of similar effect. Tenant -Seller: 15. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from Tenant -Seller with respect to the Tenancy Interest and the Improvements. This transaction is further subject to and contingent upon approval and acceptance by Buyer. 16, AGREEMENT TO EXECUTE. Tenant -Seller and Buyer agree to execute and file any additional agreements, consents or other documents reasonably necessary to effect the full and complete settlement and purchase of the Improvements and the Tenancy Interest. 17. AUTHORIZATION TO EXECUTE. Tenant -Seller and Buyer represent and warrant that the persons executing this Agreement are duly authorized to do so and to act on behalf of Tenant -Seller and Buyer respectively. 18. COMPROMISE IN SETTLEMENT. This Agreement is a compromise in settlement of pending or potential litigation between Tenant -Seller and Buyer and shall never be treated as an admission by Buyer for any purpose of liability or as to value of any property or claim. 19. SURVIVAL OF RIGHTS AND OBLIGA'T'IONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created cinder and pursuant to this Agreement shall survive the execution of the Agreement, the releases contained herein and the Closing of this transaction. 20. WARRANTIES REPRESENTATIONS AND COVENANTS OF TENANT - SELLER. Tenant -Seller hereby warrants, represents, and/or covenants to Buyer that: A. To the best of Tenant -Seller's knowledge, there are no actions, suits, material claims, legal proceedings, or any other proceedings affecting the Improvements, the Tenancy Interest or any portion thereof, at law or in equity, before any court or governmental agency. B. Until the Closing, Tenant -Seller shall maintain the Improvements and the Premises in good condition and state of repair and maintenance, and shall perforin all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises. 25J-7 C. Until the Closing, Tenant -Seller shall not do anything which would impair Tenant -Seller's title to the Premises, the Improvements or the Tenancy Interest. D. All utilities including gas, electricity, water, sewage, and telephone, are available to the Premises, and to the best of Tenant -Seller's knowledge, all such items are in good working order. E. To the best of Tenant -Seller's knowledge, neither the execution of this Agreement nor the performance of the obligations herein will conflict with, or violate any of the provisions of any bond, note, evidence of indebtedness, contract, lease, or other agreement or instrument to which Tenant -Seller, the Premises, the Improvements or the Tenancy Interest may be subject. F. Until the Closing, Tenant -Seller shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Paragraph 20 not to be true as of Closing, immediately give written notice of such fact or condition to Buyer. 21. HAZARDOUS WASTE. Neither Tenant -Seller nor, to the best of Tenant -Seller's knowledge, any previous owner, tenant, occupant or user of the Property or the Premises, has used, generated, released, discharged, stored, or disposed of any hazardous waste, toxic substances, or related materials ("Hazardous Materials") on, under, in, or about the Property or the Premises, or transported any Hazardous Materials to or from the Property or the Premises. Tenant -Seller shall not cause or permit the presence, use, generation, release, discharge, storage, or disposal of any Hazardous Materials on, under, in, or about, or the transportation of any Hazardous Materials to or from the Premises. The term "Hazardous Materials" shall mean any substance, material, or waste which is or becomes regulated by any local governmental authority, the State of California, or the United States Government, including, but not limited to, any material or substance which is (i) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under §25115, §25117 or §25122.7, or listed pursuant to §25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under §25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or "hazardous waste" under §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 §25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as "hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 51317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 et seq. (42 U.S.C. 56903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42. U.S.C. 56901, et seq. (42 U.S.C. 56901). 22. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Tenant -Seller's knowledge, the Premises and its use complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state and local laws pertaining to air and water 5 25J-8 quality, hazardous waste, waste disposal and other environmental matters, including, but not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste Disposal, Resource Conservation Recovery and Comprehensive Environmental Response Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations and ordinances of the city within which the subject Property is located, the California Department of Health Services, the Regional Water Quality Control Board, the State Water Resources Control Board, the Environmental Protection Agency and all applicable federal, state and local agencies and bureaus. 23. INDEMNITY. Tenant -Seller agrees to indemnify, defend and hold Buyer harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, Pine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon (i) the presence, release, use, generation, discharge, storage, or disposal of any Hazardous Material on, under, in, or about, or the transportation of any such materials to or from, the Premises, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use, generation, release, discharge, storage, disposal, or transportation of Hazardous Materials on, under, in, or about, to or from, the Premises. This indemnity shall include, without limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death, tangible or intangible property damage, damage to the natural resource or the environment, nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the environment. This indemnity extends only to acts or omissions of Tenant -Seller herein. 24. ATTORNEYS' FEES. If legal action is required in order to construe or enforce any provision of this Agreement, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as its attorneys' fees and costs. 25. COUNTERPARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 26. BINDING EFFECT. The terms, conditions, covenants and agreements set forth herein shall apply to and bind the heirs, executors, administrators, assigns and successors of the parties hereto. 27. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agreement. 25J-9 IN WITNESS WHEREOF, the Parties hereto have executed this Purchase and Sale Agreement on the date and year first written above. Mailing Address of Tenant -Seller Mailing Address of Buyer 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Tenant -Seller Ana Porcile dba Total Nutrition By: ca Date —�,;27f� Buyer THE CITY OF SANTA ANA By: David Cavazos City Manager Attest: By: _ Maria D. Huizar City Clerk Approved as to Form: By: om4 u, Jo.qtiM. Funk Assistant City Attorney Date: I- I - 11 Recommended for Approval: M Fred Mousavipour Executive Director - Public Works Agency Date: 25J-10 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY All that certain road property situated In the County of Orange, state of Callfomia, described as follows: Parcel 2 of Parcel Map No. 57-340, in the City of Santa Ana, County of Orange, State of California, a, shown on a reap filed In j3opk 237 Paaes 4a, 49 and 50 of Parcel Maps, records of Orange County, California. 25J-11 EXHIBIT B DESCRIPTION OF THE CONVEYED IMPROVEMENTS DESCRIPTION: TENANT IMPfMOV15MENTS 11mv IN PLACE 4 StONME EXTERIOR 3A16 (14) LETTERS, INDIVIDUAL, 16" CHANNEL, ILLUM, PLA"O PACE (428) LETTERS, WINDOW DFO:A,I., &'-V (0) MONUMENT SIGN, VXV PLADTIO WNINYL DECAL LETTERING I aUR°a LtAINOC SYSTEM !CO M CAMRAS, (1) D R X 770 4 AIH OCReEN. MARS, 3V, WA$6 646 1 LOT CIO INTEMOR t6NOTRUCTION � 1a76t (4502)$F 11^4'4'ERIOR PAINT 9 MWITIONICOUNTER, (33Lt`X4Z't-I) WOOD FRAME WITH 2,285 I Ah,18NA.TE WOOD PLANK COVLf4, WOOD TOP, CARVED WOOD EWE 1TiIK GLASS MOUNTED PMTION FULL. WROTH, RAO[Va OP EDGE, 5'II 4 ShNTK, SCULLERY, 9E, 3BASIN, 7LF, COMMERCIAL SOP los ANIS V WX LIOSE SPRAY NOZZLE, (4) HANDRINK, WALL MOONr SS, 12712" I INTERIOR PARTITION ($40) CP, (1) VOOR STANDARD, (1) BUILT IN DISPW SHELVING, PRAMS0, GABLE HOOP HOUSE THEMP, GLASS SHELVES, DK GLASS DOOR, WV DIAll TOTAL 25J-12 m EXHIBIT C DESCRIPTION OF THE RETAINED IMPROVEMENTS DESICRIPTION1 TSNANT IMPRO"Vrims"TE DLV 1 s]GNAGP-EXTERIOR ' s 1 (14) LOTTERS, INDIVIDUALi 1i1," t:MNNEI., Utlhi, PIAS TIO PA00 (126) LWE<RS, WINDOW IiWAL. &W (0) MONUMENT SIGN, i`X4'PLAatI0 WMNYL DECAL LEtTERING I SURVSl.I.AINOE SYSTEM QJQ (d) 0AMEI AS. (1) OVR 60 1 AIR SC'REE'N, MARS, 36'„1 WA3II so 1 BINK, SDULLORY, SS, 3 BASIN, 7LF, COMM15ROIAL 8GF so AND FLEX HOW SPRAY NOZZLE (I) HANG! SINK WAIL MOUNT 8% 42%12'F 26 1 INTERIOR PARTITIQN (040) SP, (1) DOOR STANDARD, (I) WILT INDISPLAY 8HELVIN0, PRAM 12%GABL ROOF HOU3S THime, oiiA33 BHGI.Vs, nRL WSB DOOR, G')W OIALL 25J-13 25J-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE AGREEMENTS WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC., AND UNITED STORM WATER, INC., FOR SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING (STRATEGIC PLAN NO. 6, 1C) CITY MIANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and the Clerk of the Council to execute agreements with Ocean Blue Environmental Services, Inc., and United Storm Water, Inc., to provide Spill Response and Storm Drain Facility Cleaning for a two-year term beginning June 20, 2017, and expiring on June 19, 2019, with provisions for two one-year extensions exercisable by the City Manager and City Attorney, for a total amount not to exceed $250,000 per year for each agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The California Regional Water Quality Control Board enforces the Federal National Pollutant Discharge Elimination System (NPDES) Stormwater Permit that regulates pollution from entering the waters of the United States. Compliance with this NPDES permit and the Federal Clean Water Act requires the cleaning of all City -owned drainage facilities and the mitigation of pollutants discharge (spills) that could lead to the waters of the United States. On March 20, 2017, the Public Works Agency released a Request for Proposals (RFP) on the City's website and notified qualified consulting firms to provide Spill Response and Storm Drain Facility Cleaning. Three proposals were received and evaluated by a review committee from the Public Works Agency. Each firm was rated according to its organization, credentials, resumes, references, and fees to provide the required services. One firm, Colbert Environmental Group, was disqualified because it failed to submit proposal deposits as required by the RFP. A summary of the firms and their respective scores are listed in the table below: FIRM SCORE Ocean Blue Environmental 96 United Storm Water 9Z Based on the ratings and their experience with the City, staff recommends that the firms of Ocean Blue Environmental Services, Inc., and United Storm Water, Inc., be retained for the required services. The 25K-1 Consultant Agreements for Spill Response and Storm Drain Facility Cleaning June 20, 2017 Page 2 services will be used on an as -needed basis. Each agreement will be in the amount not to exceed $250,000 per year (Exhibits 1 and 2). The primary functions of these two agreements will be for spill response and storm drain facility cleaning. However, additional services will also be provided under these two agreements for crime scene cleanup and the removal of hazardous waste from the public right-of-way. The Police Department will be allocated up to $25,000 of the Ocean Blue Environmental agreement for crime scene cleanup. These funds will come from account No. 01114420-62300. Public Works Refuse Collection Services will be allocated up to $30,000 of the United Storm Water agreement for the removal of hazardous waste from the public right-of- way. These funds will come from account No. 06917640-62300. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT The intended spending plan is as follows, subject to change: Agreement I Account FY 2017-18 1 FY 2018-19 TOTALS Ocean Blue Environmental 105717640 62300 $225,0001 $225,0001 $450,000 101114420 623001 $25,0001 $25,0001 $50,000 United Storm Water 105717640 62300 $220,000 $220,000 $440,000 106917640 623001 $30,0001 $30,0001 $60,000 TOTALS $500,0001 $500,0001 $1,000,000 Fred Mousavipour Exe utive Director Public Works Aaer Jim'Schnabl Acting Chief of Police Santa Ana Police Department Exhibits: 1. Agreement with Ocean Blue 2. Agreement with United Storm Water APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25K-2 EXHIBIT 1 AGREEMENT TO PROVIDE SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES THIS AGREEMENT is made and entered into this 20th day of June, 2017 by and between Ocean Blue Environmental Services, Inc., a California corporation, (hereinafter "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 (hereinafter "City"). RECITALS A. On March 20, 2017, the City issued Request for Proposal No. 16-144, by which it sought Contractors to provide Spill Response and Storm Drain Facility Cleaning for the City of Santa Ana Public Works Agency, 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 terns and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services provided under RFP 16-144, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. For each year of this agreement, and for any extensions exercised under Section 3, the total yearly amount to be expended shall not exceed $250,000.00. 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. Page 1 of 25K-3 k 1001""IT This Agreement shall commence on the date first written above and continue for two (2) years, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year extensions upon a writing executed by the City Manager and the City Attorney. A. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq, as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being per -Formed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 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. OWNERSIIIP 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 docurments 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. Page 2 of 9 25K-4 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, volunteers and representatives as additional insured(s); (b) be primary 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 California 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 coumnencing 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. Page 3 of 9 25K-5 (iv) 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 famish 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, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising fi•om 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. 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 Page 4of9 25K-6 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 Infonnation" 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 Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflicts may be further specified in Certifications — Exhibit C, attached hereto and incorporated in this Agreement, by reference. 12. NOTICE Any notice, tender, demand, delivery, or other coramunication 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 Page 5 of 9 25K-7 and City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: 714-647-5635 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 Consultant: Ocean Blue Environmental Services, Inc. Attn: Eduardo Perry, Jr. 925 West Esther St, Long Beach, CA 90813 Fax: 562-624-4127 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terns of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14. 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 Page 6 of 9 25K-8 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. 15. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained it 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. 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 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. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications — Exhibit C, attached hereto and incorporated in this Agreement by reference. 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. Page 7 of 9 25K-9 19. PROFESSIONAL LICENSES Consultant shall, throughout the tern 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. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council Signatures continued on following page CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager Page 8 of 9 25K-10 APPROVED AS TO FORM SOMA R. CARVALHO CONTRACTOR City Attorney By Lw a i` J41n M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public Works Agency Name: Title: Page 9 of 9 25K-11 Exhibit A _ Appendix _. ATTACHMENT I SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPILT, RESPONSE AND STORM DRAIN FACILITY CLEANING RFP NO, 16-144 A, INTRODUCTION AND BACKGROUND: The City desires to engage qualified firms to detect, respond, investigate, and eliminate illegal and prohibited discharges of pollutants, and to maintain and clean the City's storm drain infrastructure. The City of Santa Ana implements a comprehensive program for detecting, responding, investigating and eliminating illegal and prohibited discharges of pollutants. The program establishes a process through which discharges are actively detected and eliminated. In order to be effective, the program has been integrated with the municipal, industrial/commercial, residential and construction inspection programs, so that if a discharge is discovered during an inspection it can be properly addressed and eliminated. Discharges are also reported by residents, other local agencies and various departments within the City. Discharges that are discovered as a result of these integrated efforts will be addressed through this agreement, specifically the clean-up element. The main objective in the clean-up operation is to restore the impacted area back to its original state (to the maximum extent practicable) and prevent further environmental degradation. It is important that the clean-up is completed in a timely and cost-effective manner. The work to be performed pursuant to this agreement consists of both scheduled and as needed inspection and cleaning of storm drain facilities (Catch Basins, Storm Drain Inlets, Parkway Culverts, Open Channels, etc.). The scheduled inspections will be performed annually during Dry Season (May 1 — September 30) and monthly during Storm Season (October I — April 30) or as directed after significant storm events. During the Storni Season, cleaning of the Catch Basins with Inserts (Automatic Retractable Screens (ARS) and/or Coimector Pipe Screens (CPS)) will be required when they are filled to 40 percent capacity and all other Catch Basins will be cleaned as needed. On an annual basis, 80 percent of all storm drain facilities shall be cleaned and maintained and 100 percent biennial. The City has 1535 Catch Basins, of which, approximately 48% have been retrofitted with Inserts. The actual number of contractors to be selected will depend on the availability of qualified dims, evidenced by the proposal process. B. SCOPE OF SERVICES: A. Spill Response Firm shall be capable of performing the following tasks: City of Santa Ana RCP 16-144 Page Al -1 25K-12 a, Deploy containment at various points along the projected travel path of the discharge and protect near- by storm drain facilities from contamination, The City shall provide a description of the site and discharge to the best of their ability daring the initial request. The contractor shall respond within 1 hour of initial request. b. Deploy all necessary personnel, equipment and materials to recover the discharge. c. Conduct confined space entry and video camera inspection of storm drain facilities. d. Perform steam/pressure washing of the contaminated area, including storm drain facilities to the satisfaction of the City. e. Take discharge water samples for lab analysis and provide results to the City, f. Provide routine pick-ups of hazardous waste throughout the City and at the City Yard, g, Manifest the waste lawfully and efficiently to the satisfaction of the California Department of Toxic Substances Control (DTSC), the United States Department of Transportation, The Environmental Protection Agency and the EPA -permitted disposal facilities receiving the waste. h. Provide temporary storage, transport and proper legal disposal of recovered discharge, i. Provide an incident report with before and after pictures within I week of performing the work required by this Contact and an armual report of all incidents within 2 weeks after the end of the City's fiscal year, The City shall provide sample formats for each report. j, Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this Contract, 'rho Contractor must obtain written approval prior to commencing any Additional Work, k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. B. Storm Drain Facility Cleaning and Maintenance Firm shall be capable of performing the following tasks; a. Perform thorough inspection of all Catch Basins throughout the City and provide an inspection sohedule within 7 days of Notice to Proceed. Remove the existing manhole cover and reinstall and fasten the manhole cover whenever unattended, The replacement of missing or damaged screws or bolts shall be at no additional cost and should be noted on the Inspection Report During Storm Season, Perform thorough inspection of all Catch Basin with Inserts throughout tine City within 7 days of each Storm Season month, b. During each inspection, remove all trash and debris found in front of curb opening or on AKS Insert and all vegetation growing across and/or blocking the opening. City of Santa Ana RFP 16-144 Page Al -2 25K-13 c. Provide a completed Inspection Report that describes the physical condition of each Catch Basin including but not limited to: 1. Date of inspection 2. Location (Northing/Easting) 3. Dimensions 4. Identification Number 5. hasert Type 6. Exterior Damage (Face Plate, Protection Bar, Manhole) 7. Stencil 8. Interior Damage 9. Volume of Trash and Debris (Percentage of Total Capacity) 10. Potential Blockages t 1. Vegetation Growing The City reserves the right to add fields to the Inspection Report, The City shall provide sample formats for each report. d. Lock/Open all ARS Inserts prior to Storm Season and unlook (Close) all ABS Inserts prior to Dry Season. Make necessary mechanical adjustments to ensure the functionality of all ARS Inserts. e. Deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from storm drain facilities within 7 days of City's request. During Storm Season, deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from Catch Basins with hrserts when they are filled to 40 percent capacity within 7 days of the inspection. Upon completion of cleanout operation slid prior to leaving, sweep/clean the top surface and remove all resulting trash and debris within an area of at least 2 feet. No trash and debris is to be left for future pick-up. f. Provide temporary storage, transport and proper legal disposal of recovered trash and debris. g. Stencil the "No Dumping, This Drains to Ocean' logo on the top slab of each Catch Basin if it is not already present, or if mark is faded. h. Report illicit connection or discharge not related to this Contract. i. Provide an Annual Report of all inspections and cleaning operations within 2 weeks after the end of the City's fiscal year. The Annual Report shall incorporate all Inspection Reports. The City rosorves the right to add fields to the Annual Report, The City shall provide sample formats for each report, Provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports. Supporting program and application formats will be provided by the City. City of Santa Ana RFP 16-144 Page Al -3 25K-14 j• Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this Contract, The Contractor must obtain written approval prior to commencing any Additional Work. k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. C. Flood Control Assistance Under the direction of the City, the firm shall assist with flood control and flooding complaints during storm events. Pitm shalt be capable of performing the following tasks; a. Mobilize quickly and efficiently to flooded areas and/or historic problem areas under the direction of the City. b. Deploy all necessary personnel, equipment and materials to assist with flood control and flooding complaints. The equipment deployed must have the ability to remove excess water from the public right of way and dislodge stuck material in storm drain infrastructure. c. Open ARS Inserts and storm drain manhole covers to facilitate faster drainage of flooded areas. d. Remove all trash and debria not limited to mud, vegetation, and garbage from ARS Inserts and storm drain facilities to facilitate faster drainage of flooded areas. e. Provide catch basin ID numbers and photos of the flooded storm drain infrastructure that was responded to within 7days of City's request. F. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. D. Other Requirements The City of Santa Ana's Sample Agreement is included herein as ATTACHMENT 2• The agreement term will be based on expenditure of funds. The City desires to enter into agreements with up to three (3) selected firms for an initial two (2) year tenn with a City option for two one-year extension for a not to exceed amount of $250,000 per year for each firm. After awarding the agreements, the City will use a Task -Order system to ensure tasks are equitabihty, allocated to all contractors. Initially, the top three qualified firms will prepare a scope of work and fee for the first task order. Proposals will be evaluated for value, the qualifications of the staff assigned, and the completeness of scope. Once a firm is assigned to a (ask, that firm will be moved to the bottom of the list to await potential future assignments. The remaining top qualified, firms will continue to compete for the subsequent task orders. 0 City of Santa Ana RFI' '16-144 Page A1-4 25K-15 E. Prevailing Wages This agreement is subject to compliance, monitoring and enforcement by the State of California Department of Industrial Relations. Contractors eine 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, hitn,//www,clir.ca, gov/lneblic-woricsh)ublicworks, litml Firm shall provide certified payroll to the City upon invoicing. The City will not process invoices until certified payroll has been provided. P. License Requirements The selected Proposer will at a minimum have a valid Class A General Engineering Contractors' License. The contractor shall list and provide all required City, County, State and Federal 1D Numbers/Licenses/Permits related to this Contract, including but not limited to: - EPA Identification Number - EPA Acknowledgement of Notification of Hazardous Waste Activity - Hazardous Material Transportation License - Hazardous Substances Removal & Remedial Actions Certification - California Contractors State License with "HAZ" Designation - California DMV License with "H" Designation C. PROPOSAL ]DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five -percent (5%) of the total proposed annual contract amount of $250,000 shall accompany each proposal. The proposal deposit: must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, mast company treasurer's check or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful offerors will be returned upon award of contract by the City. The successful offeror shall supply a performance bond in the amount of one -hundred percent (100%) of the successfully awarded total annual contract amount of the proposal prior to execution of the agreement. Upon receipt of the performance bond, the proposal deposit will be returned. The proposal deposit is subject to be forfeited if the successful offeror fails to execute the written agreement and furnish the required performance bond or to satisfy any other conditions present, within a reasonable time as determined by the City, D. CITY RESPONSIBILITIES I. Furnish City program for detecting, responding, investigating and eliminating illegal aqui prohibited discharges of pollutants. 2. Furnish available maintenance records and hot spot areas. City of Santa Ana RFP '16.144 Page At -5 25K-16 Exhibit B- OCEW"BLUE ENVIRONMENTAL SERVICES, INC. CITY OF SANTA ANA 2017-2021 PREFERRED RATES DEFINITIONS Straight Time: Monday through Friday, from 8:00 AM to 5:00 PM Overtime: Monday through Friday, before 8:00 AM and after 5:00 PM, and all day on Saturdays Premium Time: Sundays, Following Holidays HOLIDAYS OBSERVED New Year's Day Labor Day Martin Luther King, Jr.'s Birthday Presidents Day Veterans Day Memorial Day Fourth of July Thanksgiving Day Day after Thanksgiving Columbus Day Christmas Day MINIMUM CHARGES 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624-4120 Fx: (562) 624-4.127 Four (4) hour minimum charges will apply to all call outs. Portal to Portal rates apply. Time charges include personnel, equipment and materials for preparation, mobilization, travel to and from site, demobilization, decontamination, transportation and unloading. DISPOSAL AND OUTSIDE COSTS All disposal, services, non -heavy equipment rentals, and materials not on the rate sheet will be billed at cost plus a twenty percent (20%) handling charge. Heavy equipment rental will be billed at cost plus twenty five percent handling charge due to high liability cost. 0 LONG BEACI-I 1� 25K-17 0 SAN DIEGO 925 West Esther Strout n ABLUE Long Beach, CA 90813 �+ � �finL Ph: (562) 624-4120 ENVIRONMENTAL SERVICES, INC. Fx: (562)624-4127 CITY OF SANTA ANA 2017.2021 PREFERRED RATES ALL PERSONNEL HAVE AT A MINIMUM. 40•HR HAZ•WOPER TRAINING AS SPECIFIED 6Y 29 CFR 1910.120 1 CERTIFIED HAZARDOUS WASTE TRANSPORTATION VEHICLES UTILITY TRUCK 4X4 W/TRAFFIC CONTROL LIGHTS & LIFTGATE GEAR TRUCK W1 LIFTGATE EMERGENCY RESPONSE UNIT - LARGE EMERGENCY RESPONSE UNIT - SMALL CREW VAN BOB CAT W/SOLID TIRES VACUUM TRAILER - 20 BBL VACUUM TRUCK - 70 BBL W/ ROPER PUMP* VACUUM TRUCK- 120 BBL* VACUUM TRUCK - 120 BBL STAINLESS STEEL* AIR EXCAVATOR* HYDRO EXCAVATOR OMNI VAC -85 BBL* JETTER / VACTOR COMBO UNIT* ROLL -OFF TRUCK* ROLL -OFF TRUCK AND TRAILER* DUMP TRUCK- 10 WHEEL* 25' BOX VAN* 45' BOX VAN* 45' FLAT BED* 25' EQUIPMENT TRAILER HOURLY 86IE 49.29 49.29 230.64 159.03 43.71 53.94 53.94 132.06 151.59 171.12 132.06 244.59 244.59 244.59 132.06 151.59 93.00 93.00 107.88 107.88 34.41 DCNOTES EQUIPMENT INCLUDING OPERATOR, THESE WILL BE CHARGED AN ADDITIONAL $29.00 PER HOUR FOR OVERTIME AND $39.00 PER HOUR FOR PREMIUM TIME. 2 RESPIRATORY I CONFINED SPACE ENTRY EQUIPMENT SELF-CONTAINED BREATHING APPARATUS (30 MIN.) 6 -PACK BREATHING AIR BOTTLES 5 -MINUTE EGRESS AIR BOTTLE TRIPOD W/DOUBLE WINCHES FULL BODY HARNESS Wl SHOCK ABSORBER COPPUS BLOWER 4 -GAS AIR MONITOR PID METER MERCURY VAPOR ANALYZER OVA MONITOR 134.85 DAILY 269.70 DAILY 38.13 DAILY 241.80 DAILY 34.41 DAILY 195.30 DAILY 295.74 DAILY 410.13 DAILY 512.43 DAILY 358.98 DAILY A* LONG BEACH (� 0 SAN DIEGO I$ PAGE 1 OF 5 25K-18 925 West Esther Street o c L ^ � � � � � � � Long Beach, CA 90813 Ph: (562) 624-4120 ENVIRONMENTRL SERVICES, INC. Fx: (562) 624-4127 CITY OF SANTA ANA 2017.2021 PREFERRED RATES PERSONAL 4 GAS METER 244.59 DAILY ELECTRIC BLOWER 63.24 DAILY 3. TRAFFIC CONTROL ARROW BOARD 219.48 DAILY PORTABLE DECON STATION W/ARROWBOARD 292.95 DAILY BARRICADES W/ REFLECTORS, EACH 31.62 DAILY DELINEATOR/REFLECTIVE, EACH 1.86 DAILY NO TURN RIGHT OR LEFT SIGNS, EACH 15.81 DAILY TRAFFIC CONE/REFLECTIVE, EACH 2.79 DAILY TRAFFIC CONTROL SIGNS 48"X48"/REFLECTIVE 36.27 DAILY 4, CLEANING EQUIPMENT AIR COMPRESSOR 41.85 HOURLY CHEMICAL DIAPHRAGM PUMP 307.83 DAILY DECONTAMINATION STATION 210.16 DAILY DIAPHRAGM PUMP 220.41 DAILY HYDROBLASTER 77.19 HOURLY INTRISICALLY SAFE PUMP FOR FUEL TANKS 107.88 DAILY STEAM MACHINE 1,000 PSI 22 GPM 68.82 HOURLY STEAM MACHINE 3,500 PSI 6 GPM 60.45 HOURLY PORTABLE TRASH PUMP 205.53 DAILY AIR SCRUBERS PORTABLE 171.12 DAILY HEPA FILTERS FOR SCRUBBERS 127.41 EACH 55 GALLON CARBON SCRUBBER FOR VAC TRUCKS 195.30 DAILY 3 STALL DECONTAMINATION SHOWER 292.95 DAILY 5. PORTABLE STORAGE UNITS 20 -YARD BIN, OPEN TOP 52.08 DAILY 20 -YARD BIN, CLOSED TOP 29.76 DAILY 40 -YARD BIN, OPEN TOP 25.11 DAILY 40 -YARD BIN, CLOSED TOP 31.62 DAILY 4" TANK MANIFOLD 19.53 DAILY BIN LINERS 52.08 EACH 6, OIL SPILL EQUIPMENT 20' DRUM & SUPPLY TRAILER W/ 4' SIDES & 12,000 GVW BOOM TRAILER (STANDBY) W/ 1500' OF 8"x12" BOOM BOOM 8"x12" (DEPLOYED) BOOM 4"x12" (DEPLOYED) 22' TOW/SPILL CONTROL BOAT W/ 200 HP MOTOR 22'x 8' SELF POWERED BARGE 19' TOOL SPILL BOAT W/90HP 17' TOW/SPILL CONTROL BOAT W/ 40 HP MOTOR 14' TOW/SPILL CONTROL BOAT W/ 25 HP MOTOR VTMUBEACH PAGE 2 OF 5 25K-19 205.53 DAILY 154,38 DAILY 1.86 PER FT/DAY 0.93 PER FT/DAY 132.06 HOURLY 88.35 HOURLY 88.35 HOURLY 73.47 HOURLY 58.59 HOURLY 0 SAN VIIGUOVRLY 0C1nnQ00LU1 ENVIRONMENTAL SERVICES, INC. CITY OF SANTA ANA 2017.2021 PREFERRED RATES 12' PUNTS W15HP MOTOR GLOW STICKS FOR BOOM SPLASH ZONE 2 -PART SEALER 25 LBS ANCHORS W/ 16' CHAIN 15 LBS ANCHORS WI 10' CHAIN 24" BOEYS EMERGENCY RESPONSE TRAILER ROPE MOP SKIMMER DRUM SKIMMER TDS-136 W1 POWER PACK SKIM-PAK SERIES 4000 Wl CONTROL SYSTEM SKIMMER TRAILER ABSORBENT BOOM TRAILER ATV (ALL TERRAIN VEHICLE) W/TRAILER FORKLIFT TRAILER 7 MATERIALS 10 GALLON DOT DRUM, STEEL 15 GALLON DOT DRUM, POLY 16 GALLON DOT DRUM, STEEL 20 GALLON DOT DRUM, STEEL 30 GALLON DOT DRUM, POLY 30 GALLON DOT DRUM, STEEL 5 GALLON DOT DRUM 55 GALLON DOT DRUM, POLY 55 GALLON DOT DRUM, STEEL 55 GALLON DOT DRUM, BIO 85 GALLON DRUM, OVERPAK, STEEL 95 GALLON DRUM, OVERPAK, POLY ACID SPILFYTER NEUTRALIZER PER QT BASE SPILFYTER NEUTRALIZER PER QT B10 -SOLVE (HYDROCARBON ENCAPSULANT) BLEACH CAUTION 1 BARRICADE TAPE CHEMICAL POLY TOTES CHLOR-D-TECT 04000 CITRI-CLEAN, 55 GALLON DIESEL FUEL (EQUIPMENT) DRUM LABEL DRUM LINER DUCTTAPE EAR PLUGS 200/BOX FACE SHIELD HAND AUGER HAND CLEANER HEPAVACUUM FILTER PROTECTORS HEPA VACUUM REPLACEMENT BAGS OIL SORBENT POM POMS PH PAPER PAGE 3 OF 5 25K-20 925 West Esther Street Long Beach, CA 90813 Ph: (562) 624-4120 Fx: (562) 624-4127 43.71 HOURLY 5.58 EACH 160.89 PER GALLON 14.88 DAILY 10,23 DAILY 14.88 DAILY 462.21 DAILY 154.38 HOURLY 205.53 HOURLY 63.24 HOURLY 205.53 DAILY 154.38 DAILY 268.77 DAILY 97.65 DAILY 49.29 EACH 49.29 EACH 49.29 EACH 52.08 EACH 52.08 EACH 52.08 EACH 18,60 EACH 61.38 EACH 60.45 EACH 39.06 EACH 219.48 EACH 219.48 EACH 19.53 EACH 19.53 EACH 36.27 PER GALLON 4.65 PER GALLON 25.11 PER ROLL 317.13 EACH 18.60 EACH 820.25 PER DRUM 4.65 PER GALLON 0.93 EACH 2.79 EACH 6.51 PER ROLL 102.30 PER BOX 13.02 EACH 85.56 DAILY 7.44 CAN 20.46 EACH 20.46 EACH 56.73 PER BALE 1183.60 BOX APER SAN IJ4gGaU ESR BOX �^ 925 West Esther Street 0 � � � � � D � � � Long Beach, CA 90813 Ph: (562) 624-4120 ENVIRONMENTAL SERVICES, INC. Fx: (562) 624-4127 CITY OF SANTA ANA 2017-2021 PREFERRED RATES PLASTIC SHEETING 73.47 PER ROLL RAGS, 50 LB BOX 66.03 PER BOX ROPE 112 POLY, 100' ROLL 31.62 PER ROLL ROPE 518 POLY, 100' SPOOL 36.27 PER ROLL SAMPLEJARS-lQT 13.02 EACH SAND BAGS 3.72 EACH SHRINK WRAP 29.76 ROLL SIMPLE GREEN 13.02 PER GALLON SODA ASH 6.51 PER GALLON SORBENT BOOM W1 JELLING MATERIAL 410.13 PER BALE SORBENT BOOM, 8"x10" 53.94 EACH SORBENT PADS 18"x18"x1(4" (200/BALE) 88.35 PER BALE SUPERFINE, 25 LB BAG 16.60 PER BAG TRIWALL BOXES 154.38 EACH VACTOR FLEX HOSE 4" 1.86 PER FOOT VACTOR FLEX HOSE 6" 2.79 PER FOOT VERMICULITE 29.76 PER BAG B. TOOLS AND OTHER EQUIPMENT BIO -HAZARD "BLOOD" SPILL KIT 102.30 EACH BOAT HOOKS 3'-9' TELESCOPING 7.44 DAILY BOBCAT SWEEPER ATTACHMENT 146.94 DAILY BROOMS HAZ-MAT 11.16 DAILY CHAIN W/BINDERS 13,02 DAILY CHEST WADERS 61.38 DAILY 14 PORTABLE GAS POWERED ABRASIVE SAW 146.94 DAILY COM -A -LONG - 4000 LBS 6.51 DAILY CONCRETE SAW 154.38 DAILY CONCRETE SAW BLADE 52.08 EACH CUTTING TORCH 148.80 DAILY DEMO TOOLS 77,19 DAILY DRUM SAMPLING ROD (GLASS) 7.44 EACH DRUM VACUUM - 55 GALLON 118.11 DAILY EXPLOSION -PROOF FLASH LIGHT 26.04 DAILY EXTENSION LADDER 13.02 DAILY EYEWASH STATION 31.62 DAILY FIRE PROTECTION SUIT (1500 DEGREE PROTECTION FACTC 219.48 DAILY FORKLIFT 18972 DAILY GENERATOR, 10KV TRAILER MOUNTED 34.41 HOURLY GENERATOR, 5500 WATTS 121.83 DAILY HAND TOOLS 52.08 DAILY HAND WASHING STATION 49.29 DAILY HAZ-CAT KIT 20,46 PER TEST HEAVY DUTY JETTER NOZZLES 23.25 DAILY HEPA VACUUM (DRY) 154.38 DAILY HIP WADERS 52.08 DAILY HUDSON SPRAYER 20.46 DAILY JACK HAMMER 90 LBS 121.883 �IF€ K� CII 4 DDAILY SANT IEGOAILY PAGE 4 OF 5 25K-21 OCCnn OLUC ENVIRONMENTRL SERVICES, INC, CITY OF SANTA ANA 2017-2021 PREFERRED RATES LIGHT STAND (2 BULBS) LIGHT TOWER (4 BULBS) MEALS ON SPILLS MERCURY VACUUM NON -SPARKING COLD CUTTER I RIVET BUSTER NON -SPARKING COLD CUTTER TIPS PER DIEM ALLOWANCE ON TRAVEL PICKS "MINERS" PLUG & DIKE, 1 LB CAN POLY SIPHON (POGO) PUMP PORTABLE RESTROOM W/SINK PROFILING FEE (PER WASTE STREAM) RADIO 2 -WAY, INTRINSICALLY SAFE RAKES SAMPLE COOLER SAWZALL SCAFFOLDING - PORTABLE (2 1/2'x 8'x 6) SCAFFOLDING - TOWERS (5'x 5'x 10') SHOVELS/HAZ-MAT SKIL SAW STEEL SPIKES, 36" TRUCK RAMPS (30,000 LBS) VAPOR TIGHT DROP LIGHTS VENTILATION FAN WATER METER WATER TANK TRAILER WI PUMP DRUM DOLLY 9 PERSONAL PROTECTIVE EQUIPMENT (PPE) LEVEL "N'- FULLY ENCAPSULATED GAS-TIGHT SUIT WITH SCBA LEVEL "B" - POLY-TYVEK THROUGH FULLY ENCAPSU- LATED SUIT, BUT NOT GAS TIGHT W/SOBA LEVEL "C" - TYVEK THROUGH SARANEX SUIT Wl AIR PURIFYING RESPIRATOR LEVEL "D" - TYVEK, POLY-TYVEK, COVERALL OR RAINGEAR SUIT WITH GLOVES, BOOTS, HARDHAT AND SAFETY GLASSES 925 West Esther Street Long Beach, CA 90513 Ph: (562) 624-4120 Fx: (562) 624-4127 36.27 DAILY 292.95 DAILY 7.44 EACH 512.43 DAILY 97.65 DAILY 29.76 EACH 160.89 DAILY 2.79 DAILY 25,11 EACH 19.53 EACH 154,38 DAILY 77.19 EACH 40,92 DAILY 4.65 DAILY 15.81 DAILY 81.84 DAILY 40.92 DAILY 79.98 DAILY 11.16 DAILY 36.27 DAILY 5.58 DAILY 292.95 DAILY 154.38 DAILY 118.11 DAILY 256.68 DAILY 346.69 DAILY 24.18 DAILY 488,25 PER SET 164.38 PER SET 65.03 PER SET 31.62 PER SET 0 LONG BEACH 0 0 SAN DIEGO fiy PAGE 5 OF 5 25K-22 Exhibit C Appendix ATTACHMENT 3-1t NON -COLLUSION AFFIDAVIT CERTIFICATIONS WON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTNMNT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, assooiation, organization, or corporation; that the bid Is genuine and not collusive or sham; that the BIDDER has not directly or Indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to Rx the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, father, that the BIDDER has not, directly or hndireotly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: The above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the siguatuto portion thereof shall also constitute signature of this Non -collusion Affidavit, BIDDERS are cautioned that maldng a false certification may sul pet the certifier to criminal prosecution, Signed, f •^— State of California— County aliforniaCounty of Subscribed and sworn to (or affirmed) before me on this day of . 20_, by lafbra me. proved to me on the basis of satisfactory evidence to be the person(s) who appeared Notary Public Signature Notary Public Seal City of Santa Ana —RFP PageA3-1 25K-23 A notary publlc or other officaroamplattn this certificate verlfiesonly the Idarnity oft he indlviduat who slynad the document to whfgqh thiscgrdOcate b ettached, and not the truthlalness, accuracy, orvaliditygrthot document, State of California County of w.. ?e --- CALIFORNIA JURAT Subscribed and sworn to (of affirmed) before me on this /% day of —424 1, 20 _f 7 , by r� proved to me on the basis of satisfactory evidence to be the persoh(s) who appeared before me. OM02220 94 20 CroAMeeA (Seal) OPTIONAL INFORMATION Although the information !n this section is r, rracci by low, it couldpreventfraudulentremoval and reottachmentofthis Jurat to an unauthartcod document and may prova useful to persons relying on the attached document. Description of Attached Document This certificate Is attached to a document titled/for the purpose of containing pages, Mme on the basis of satisfactory evidence: ferm(sWidentifindon O credible Warnnotesl Notarial event is detailed In notary)ournal on: Page 9 Entry R Notary contecr, Other C AMI ne(s)mumbprinth) [] Describe: 9 copyright 1001-4014 Notary Rotary, in e. `0Inn, 41400, Des Moln as, IA 503110007. All flights Rmerved, It em Numb a, 101084, Please cont act your Arthur zed Re sell erI a purchase Capin of this form. 25K-24 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CYRTWICATIONS The prospective partioipant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: I. 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 any 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, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities", This cerditcadan is a material representation of fact upon whichreliance was placed when this transaction was made or entered into, Submisslon of this certification is a prerequisite for making or entering into this transaction imposed by Section 1332, Title 31, U.S. Code. Any person who fails to file dna 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 der subcontracts, which exceed $100,000 and that all such sub reclplents shall certify and disclose accordingly. Firm Signed and Printed Title. i- AVXk S0.;ve_ V,te-CA.4-- «„ Date. Gdy of Santa Ana RFP Page A3-2 25K-25 Appendix ATTACHMENT 3-3t NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTAHILITY REVIEW 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 limit€d 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 Vic 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. 6. 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 firther 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. 7. 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 City of Santa Ana RFP Page A3-3 25K-26 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 0£ September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noneompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such direction by the administering agency, the Consultant may request khat 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: Har.�`an"� iivL c Firm: } tC oan\t�e 4�My zaw�w 2 n $est Cucc 1� c . Date: L/ --1-7— -7 City at Santa Ana RFP Page AU 25K-27 EXHIBIT 2 AGREEMENT TO PROVIDE SPILL RESPONSE AND STORM DRAIN FACILITY CLEANING SERVICES THIS AGREEMENT is made and entered into this 20th day of June, 2017 by and between United Storm Water, Inc., a California corporation, (hereinafter "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 (hereinafter "City"), RECITALS A. On March 20, 2017, the City issued Request for Proposal No. 16-144, by which it sought Contractors to provide Spill Response and Storm Drain Facility Cleaning for the City of Santa Ana Public Works Agency. 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 those services as set forth in Exhibit A, and incorporated by reference to this Agreement. Consultant's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services provided under RFP 16-144, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. For each year of this agreement, and for any extensions exercised under Section 3, the total yearly amount to be expended shall not exceed $250,000.00. 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. Page 1 of 9 25K-28 93100SYMW This Agreement shall commence on the date first written above and continue for two (2) years, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for up to two (2) one-year extensions upon a writing executed by the City Manager and the City Attorney. 4, PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire teen 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 Agrwnent; however, the services to be provided by Consultant shall be provided in a mariner 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. 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. Page 2 of 9 25K-29 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. Conunercial 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, volunteers and representatives as additional insured(s); (b) be primary 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 acid non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the California 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 cancelled or reduced in coverage or changed in any other material aspect, by consultant, without thirty (30) days prior written notice to the City. Page 3 of 9 25K-30 (iv) Consultant shall supply City with a fully executed additional insured endorsement. 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, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terns 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 terns of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 9. RECORDS Consultant shall keep records and invoices in connection with the work to be perfonned 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 Page 4of9 25K-31 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 infonnation 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 Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. Conflicts may be further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement, by reference. 12. 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 Page 5 of 9 25K-32 and City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: 714-647-5635 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 Consultant: United Storm Water, Inc. Attn: Eduardo Perry, Jr. 14000 E. Valley Blvd. City of Industry, CA 91745 Fax: 626-961-3166 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. 13. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral 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 terns or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terns and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 14, 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 witbout the prior Page 6 of 9 25K-33 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. 15. 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. 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 perfonned by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 17. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications —Exhibit C, attached hereto and incorporated in this Agreement by reference. 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. Page 7 of 9 25K-34 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 pen -nits, 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 terns of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: MARIA D. HUIZAR Clerk of the Council Signatures continued on next page CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager Page 8 of 9 25K-35 APPROVED AS TO FORM SONIA R. CARVALHO CONTRACTOR City Attorney By: Jo i M. Funk Assistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public Works Agency Name: Title: Page 9 of 9 25K-36 Exhibit A Appendix _- ATTACHMENT i SCOPE OF WORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR SPILL. RESPONSE AND STORM DRAIN FACILITY CLEANING RFP NO. 16-144 A, INTRODUCTION AND BACKGROUND: The City desires to engage qualified firms to detect, respond, investigate, and eliminate illegal and prohibited discharges of pollutants, and to maintain and clean the City's storm drain infrastructure. The City of Santa Ana implements a comprehensive program for detecting, responding, investigating and eliminating illegal and prohibited discharges of pollutants. The program establishes a process through which discharges are actively detected and eliminated. In order to be effective, the program has been integrated with the municipal, industrial/commercial, residential and construction inspection programs, so that if a discharge is discovered during an inspection it can be properly addressed and eliminated. Discharges are also reported by residents, other local agencies and various departments within the City. Discharges that are discovered as a result of these integrated efforts will be addressed through this agreement, specifically the clean-up element. The main objective in the clean-up operation is to restore the impacted area back to its original state (to the maximum extent practicable) and prevent further environmental degradation. It is important that the cleanup is completed in a timely and cost-effective manner. The work to be performed pursuant to this agreement consists of both scheduled and as needed inspection and cleaning of storm drain facilities (Catch Basins, Storm Drain Inlets, Parkway Culverts, Open Channels, etc,). The scheduled inspections will be performed annually during Dry Season (May 1 — September 30) and monthly during Storm Season (October t — April 30) or as directed atter significant storm events. During the Storm Season, cleaning of the Catch Basins with Inserts (Automatic Retractable Screen (ARS) and/or Connector Pipe Screens (CPS)) will be required when they are filled to 40 percent capacity and all other Catch Basins will be cleaned as needed. On an annual basis, 80 percent of all storm drain facilities shall be cleaned and maintained and 100 percent biennial. The City has 1535 Catch Basins, of which, approximately 48% have been retrofitted with Inserts. The actual number of contractors to be selected will depend on the availability of qualified Firms, evidenced by the proposal process, B. SCOPE OF SERVICES: A. Spill Response Firm shall be capable of performing the following tasks: -� City of Santa Ana RFP 16.144 Page Al -1 25K-37 a. Deploy containment at various points along the projected travel path of the discharge and protect near- by storm drain facilities from contamination. The City shall provide a description of the site and discharge to the best of their ability during the initial request. The contractor shall respond within 1 hour of initial request, b. Deploy all necessary personnel, equipment and materials to recover the discharge. c. Conduct confined space entry and video camera inspection of storm drain facilities. d. Perform steam/pressure washing of the containhnated area, including storm drain facilities to the satisfaction of the City. e. Take discharge water samples for lab analysis and provide results to the City. £ Provide routine pick-ups of hazardous waste throughout the City and at the City Yard. g. Manifest the waste lawfiilly and efficiently to the satisfaction of the California Department of Toxic Substances Control (DTSC), the United States Department of Transportation, The Environmental Protection Agency and the EPA -permitted disposal, facilities receiving the waste, h. Provide temporary storage, transport and proper legal disposal of recovered discharge. i, Provide an incident report with before and after pictures within I week of performing the work required by this Contact and an annual report of all incidents within 2 weeks after the end of the City's fiscal year. The City shall provide sample formats for each report, j. Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this Contract. The Contractor must obtain written approval prior to commencing any Additional Work. k, Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract, B. Storm Drain Facility Clearting and Maintenance Firm shall be capable of performing the following tasks; a. Perform thorough inspection of all Catch Basins throughout the City and provide run inspection schedule within 7 days of Notice to Proceed, Remove the existing manhole cover and reinstall and fasten (lie manhole cover whenever unattended. The replacement of missing or damaged screws or bolts shall be, at no additional cast and should be noted on the Inspection Report, During Storm Season, Perform thorough inspection of all Catch Basin with Inserts throughout the City within 7 days of each Storm Season inonth. b. During each inspection, remove all trash and debris found in front of curb opening or on ARS Insert and all vegetation growing across and/or blocking the opening, City of Santa Ana RFP 16-144 Page At -2 25K-38 c. Provide a completed Inspection Report that describes the physical condition of each Catch Basin including but not limited to: 1. Date of Inspection 2. Location (Northing/Easting) 3. Dimensions 4. Identification Number 5. Insert Type 6. Exterior Damage (Face Plate, Protection Bar, Manhole) 7. Stencil 8. Interior Damage 9. Volume of Trash and Debris (Percentage of Total Capacity) 10. Potential Blockages 11. Vegetation Growing The City reserves the right to add fields to the Inspection Report. The City shall provide sample formats for each report. d. Lock/Open all ARS Inserts prim to Storm Season and unlock (Close) all ARS Inserts prior to Dry Season. Make necessary mechanical adjustments to ensure the functionality of all ARS Inserts. e. Deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from storm drain facilities within 7 days of City's request. During Storm Season, deploy all necessary personnel, equipment and materials to remove all trash and debris not limited to mud, vegetation and garbage from Catch Basins with Inserts when they are filled to 40 percent capacity within 7 days of the inspection. Upon completion of cleanout operation and prior to leaving, sweep/clean the top surface and remove all resulting trash and debris within an area of at least 2 feet. No trash and debris is to be left for future pick -Lip. £ Provide temporary storage, transport and proper legal disposal of recovered trash and debris. g. Stencil the "No Dumping, This Drains to Occan" logo on the top slab of each Catch Basin if it is not already present, or if mark is faded. h. Report illicit connection or discharge not related to this Contract. I. Provide an Annual Report of all inspections and cleaning operations within 2 weeks alter the end of the City's fiscal year. The Annual Report shall Incorporate all Inspection Reports, The City reserves the right to add fields to the Annual Report, The City shall provide sample formats for each report. Provide electronic GIS based map (and supporting files) and photography documentation in support of the Inspection Reports and Annual Reports. Supporting program and application formats will be provided by the City. City of Santa Ana RFP 16-144 Page A1-3 25K-39 Upon request, the Contractor shall submit supplemental proposals for Additional Work not called for under the Scope of Work of this Contract. The Contractor must obtain written approval prior to commencing any Additional Work, k. Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. C. Flood Control Assistance Under the direction of the City, the firm shall assist with 'flood control and flooding complaints during storm events. Firm shall be capable of performing the following tasks: a. Mobilize quickly and efficiently to flooded areas and/or historic problem areas lander the direction of the City. b. Deploy all necessary personnel, equipment and tnaterials to assist with flood control and flooding complaints. The equipment deployed must have the ability to remove excess water from the public right of way and dislodge stuck material in storm drain infrastructure. c. Open ARS Inserts and store drain manhole covers to facilitate faster drainage of flooded areas. d. Remove all trash and debris not limited to mud, vegetation, and garbage from ARS Inserts and storn drain facilities to facilitate faster drainage of flooded areas. e. Provide catch basin ID numbers and photos of the flooded storm drain infrastructure that was responded to within 7days of City's request. E Adhere to all the requirements of the City's NPDES Permit while performing the work required for this contract. D. Other Requirements The City of Santa Ana's Sample Agreement is included herein as ATTACHMENT 2. The agreement term will be based on expenditure of funds. The City desires to enter into agreements with up to three (3) solected ferns for an initial two (2) year term with it City option for two one-year extension for a not to exceed amount of $250,000 per year for Paoli firm. After awarding the agreements, the City will use a Task -Order system to ensure tasks are equitability allocated to all contractors. Initially, the top three qualified funis will prepare a scope of work and fee for the first task order, Proposals will be evaluated for value, the qualifications of the staff assigned, and lite completeness of scope. Once a firm is assigned to a task, that firm will be moved to the bottom of the list to await potential future assignments. The remaining top qualified firms will continue to compete for the subsequent task orders. City of Santa Ana RFP 16-144 Page A1--4 25K-40 E. Prevailing Wages This agreement is subject to compliance, monitoring and enforcement by the State ofCalifornia Department of Industrial Relations, Contractors 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. litti);//www.dir.ca.pov/i)ublic-works/i)tiblicworks,litiiiI Mail Finn shall provide certified payroll to the City upon invoicing. The City will not process invoices until certified payroll has been provided. F. License Requirements The selected Proposer will at it minimum have a valid Class A General Engineering Contractors' License. The contractor shall list and provide all required City, County, State and Federal ID Numbers/Licenses/Perinits related to this Contract, including but not limited to; EPA identification Number EPA Acknowledgement of Notification of Hazardous Waste Activity Hazardous Material Transportation License Hazardous Substances Removal & Remedial Actions Certification California Contractors State License with "HAZ" Designation California DMV License with "H" Designation C. PROPOSAL DEPOSIT AND PERFORMANCE BOND A proposal deposit in the amount of five -percent (5%) of the total proposed annual contract amount of $250,000 shall accompany each proposal. The proposal deposit must be in the form of a bid bond, cashier's check, certified check, bank draft, letter of credit, trust company treasurer's check or money order. Checks shall be payable to the City of Santa Ana. NO PERSONAL OR COMPANY CHECKS WILL BE ACCEPTED. Proposal deposit of the unsuccessful offerors will be returned upon award of contract by the City. The successful offeror shall supply a performance bond in the amount of one -hundred percent (100%) of the successfully awarded total annual contract amount of the proposal prior to execution of the agreement. Upon receipt of the performance bond, the proposal deposit will be returned, The proposal deposit is subject to be forfeited if the successful offeror Fails to execute the written agreement and Furnish the required performance bond or to satisfy any other conditions present, within a reasonable time as determined by the City, D. CITY RESPONSIBILITIES 1. Furnish City program for detecting, responding, investigating and eliminating illegal and prohibited discharges of pollutants. 2. Furnish available maintenance records and hot spot areas. City of Santa Ana RFP 16-144 Page At -5 25K-41 Exhibit B CONFIDENTIAL UN, ITe STORM WATER INC. RATE SCHEDULE For CITY OF SANTA ANA SPILL RESPONSE & STORM DRAIN FACILITY CLEANING RFP NO. 16-144 25K-42 TABLE OF CONTENTS Page No. Work Performed 3 Licenses & Permits• Attachment A 6 Transportation Equipment List - Attachment S 6 • Additional Equipment List 7 • Traffic Control Equipment List 8 RON Operated Equipment 9 Unoperated Equipment 11 • Traffic Control Equipment 11 • PersonnellEmergency Response Units 11 • LoadinglExcavating Equipment 11 • Coring/Sampling Equipment 12 Personnel 13 Unoperated Equipment, Miscellaneous 14 Unoperated Cleaning Equipment 16 Unoperated Safety Equipment 17 Rental Equipment 18 Disposal Charges 18 Laboratory Charges 18 Consumables 19 Outside Service Charges & Equipment 21 2 25K-43 TYPES QF MATERIALS HANDLED United is licensed to remove and transport most categories of hazardous materials, excluding radioactive materials, explosives, and pressurized oxidizing gases such as Fluorine, Chlorine, as well as Anhydrous Ammonia. CAPABILITY & EXPERIENCE IN THE HANDLING OF HAZARDOUS MATERIALS Since 1970 United has had experience in the handling of hazardous materials on a daily basis. Our entire spill crew is trained in procedures relating to the safe handling of hazardous materials, Is medically monitored, and has been trained and certified in the use of respiratory protection, confined space entry, and CPR. United owns substantial equipment commonly used in performing emergency spill cleanups. This includes a complete range of vacuum trucks, roll -off trucks, loaders, washing equipment, safety equipment and the like, PERMIT,WILICENSES FOR HANDLING & DISPOSAL OF HAZARDOUS MATERIALS See Attachment A TYPES OF EQUIPMENT OWNED BY UNITED See Attachment B ANALYTICAL FACILITES FOR ON-SITE IDENTIFICATION OF SUBSTANCES United has the capability to determine ignitability, corrosiveness, certain reactability parameters, etc„ onsite by way of Hazcat (TM) test method. We also have analytical chemists available if/as required. LABORATORY CAPADILiTIES Extensive and elaborated analysis is available with several prominent EPA and CAL -EPA approved commercial laboratories. DISPOSAL CHARGES Disposal fees are billed to the customer at cost plus 20% Service Charge. E"��9 All charges are computed on a portal to portal basis from our City of Industry Terminal. A four hour minimum applies to all equipment and personnel called out. 25K-44 HOLIDAYS On the following holidays there will be an additional charge of $60.00 per man hour. New Year's bay President's Day Memorial Day Fourth of July Good Friday Veteran's pay SPCIANOTES Labor Day Thanksgiving Day Day after Thanksgiving December 24{fi Christmas Day + Repair or replacement costs shall be charged for equipment damaged by customer, a Minimum charge of four (4) hours Is applicable to all equipment and personnel. + All personnel are radio/cell phone equipped. TSR II,§ Terms are net 30 days with approved credit otherwise CAD is required, Service Charge of 1,6 % is charged against past due accounts, 25K-45 ATTACHMENT A LICENSES & PERMITS United is in full compliance with A.B. 718 registration of liquid waste carried with the State Water Resources Board and the State Department of Health Hazardous Waste Regulation. United Pumping Service • Hazardous Waste Transporter Registration Number: 0063 • EPA Identification Number: CAD072953771 • California General Engineering Contractor: Class A License No. 617639 • Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption: UPSDW1 • Hazardous Substance Removal & Remedial Actions Certification: License No. 617639 • Demoiltion Contractor: License No. 617639 • Traffic Control Contractor: License No. 617639 • SCAQMD Rule 1166 Contaminated Soil Mitigation Pian Company: Plan ID 576918 • OSHA Trench and/or Excavation: Permit No. 2015-904435 • Contractor State License Asbestos Certification: License No. 617639 Vnited Stoat Water • Hazardous Waste Transporter Registration Number: 4034 • EPA Identification Number: CAR000064931 • Callfomia General Engineering Contractor: Class A License No. 768583 • Cal EPA/DTSC Transportable Treatment Unit Under Conditional Exemption: USWDWI • SCAQMD Rule 1166 Contaminated Soil Mitigation Plan Company: Plan ID 525397 • OSHA Trench and/or Excavation Permit Number: 2015906094 5 25K-46 ATTACHMENT B TRANSPQRTATION EgUIIPMENT LISTING 5 each 120 Barrel Mild Steel Vacuum Tankers 13 each 120 Barrel Stainless Steel Vacuum Tankers 2 each 60 Barrel Stainless Steel Vacuum Tankers 3 each 50 Barrel Stainless Steel Vacuum Tankers 2 each 120 Barrel Lined/Fiberglass Vacuum Tankers 1 each 142 Barrel Stainless Steel 3 -Compartment Tanker 6 each 48' Enclosed Vans (drum hauling) 5 each 48' Drop Deck Trailers 9 each Vaotor Trucks, WeWry (4500-7500 C.F.M.) 3 each Vector and Jetter Combo Trucks, Wet only 12 each Vactron Trucks 9 each Semi -End Dumps, Demo Dumps (swinging back door) 11 each (toll -Off Truck & Trailers 7 each Emergency Response Utility Trucks with Litt Gate 24 each Stakebed Trucks with Liftgate Hydraulic Hoists & Arrow Boards 16 each Pick -Up Trucks 1 each Bio Trailer 6 25K-47 ADDITIONAL, EQUIPMENT 720 each Roll -Off Bins (10 to 40 cu yd capacity, dry waste and lined dewatering bins) 20 each Portable Liquid Storage Tanks (2,000 to 10,000 gal capacity) 12 each Various Washing Equipment & Pressure Washers (3,000 psi) 5 each Hydrotech High Pressure Heated Wash Units 8 each Generators (10 K and 6.5 K) 8 each Air Compressors (160.180 CFM) 2 each Plasma Cutters 5 each Acetylene Units 8 each Forklifts (4,000 IN thru 12,000 lbs) 1 each Kabota 4WD Tractor Front End Loader and Accessories 1 each 950 Cat Loader with Enclosed Cab 1 each 446 Cat Backhoe (including breaker & compactor attachments) Buckets available — 36" smooth, 21" & 15" with teeth 2 each 853 Bobcat -Loader (including breaker, sweeper & grappler attachments) 1 each Minnie Excavator Open Qty Safety Gear (Cascade Breathing Air Systems SCBNs, Protective Clothing, P.P.E.) 2 each Drum Crushers 10 each Wilden M-8 Pumps to M-15 Pumps 6 each Jetter Units (Towable) 4000 psi Pressure Washer 4 each Six (6) Person Air Purification Panels Misc. United has 24 hour access to any rental equipment in the marketplace, 7 25K-48 TRAFFIC CONTROL 9QUIPMENT 12 each Flood Lights with Generators 12 each Arrow Boards, Trailer Mounted with Generators 3000 each Reflective Traffic Cones, CalTrans Approved 250 each Delineators, CalTrans Approved 150 each Barricades with CalTrans Approved Warning Lights Type A, B, & C 200 each Associated Construction Signs with Changeable Lettering Features 6 each Stakebed with Truck Mounted Crash Cushions (TMCCd) (Attenuater or Shadow Trucks) 25K-49 RATES OPERATED EQUIPMENT— INCLUDES OPERATOR — INCLUDES ALL FUEL AND INSURANCE FEES ITEM NO. EQUIPMENT RATE '" NOTE: Overtime = Rate Plus $20,00/hr Holiday= Rafe Plus $50.00/hr ***** 101 Vacuum Truck, 50 BBLS Mild Steel $ 97.20 102 Vacuum Truck, 50 BBLS Stainless Steel $ 99.60 103 Vacuum Truck, 120 BBLS Mild Steel $ 99.60 104 Vacuum Truck, 120 BBLS Stainless Steel $106.80 114 Vacuum Truck,120 BBLS Fiberglass Unod $138,00 107 Vacuum Truck, 142 BBLS 3 -Compartment Stainless Steel $141.60 119 Water Truck $ 97.20 108 46' Enclosed Van $ 99.60 109 48' Drop Deck $ 99.60 110 End Dump Truck $108.00 131 Dump Truck 2 -Axle $ 94.80 111 Roll -off Truck $ 99.60 112 Rolloff Truck & Trailer (Tandem) $106.80 115 VactarlGuzzler $ 180.00 161 VactarlGuzzler-High hail $196,60 117 Combo VactorlJetter Truck $ 2040 124 Vaotron $102.00 1128 Tractor for Spill Response Trailer (mobilization & demobilization) $ 93,60 E 25K-50 OPERATED EQUIPMENT — INCLUDES OPERATOR — INCLUDES ALL FUEL AND INSURANCE FEES ,CONTD. ITEM NO. EQUIPMENT RATE **""* NOTE., Overtime n Rate Plus $20.00/hr H011day = Rate Plus $50-00/hr **"** _ 495 Mini -Me 125 Cushion Truck 11.6 Backhoe/Cat 950 Loader Transport 604 Overnight Demurrage on Vacuum Tanker 604A Overnight Demurrage on End Dump or Dry Van NOTES: $ 99.60 $128.60 $135.60 $250.00/day $ 50.00/day + Prevailing Wage Surcharge $ 40,00/hr When Prevailing Wage Rates or Davis Bacon Wage Rates apply there will be an additional charge of $40,00 per hour for all personnel and/or operated equipment, + Overtime: Applies to vehicles listed above during any period worked in excess of 8 hours per day Monday through Friday and from Friday Midnight through Sunday Midnight + Holidays are listed on Page 4 + All charges are computed on a portal to portal basis from our City of Industry Terminal. A four hour minimum applies to all equipment and personnel called out. 10 25K-51 UNOPERATED EQUIPMENT— OPERATOR BILLED SEPARATELY ITEM NO. EQUIPMENT RATES TRAFFIC CONTROL EQUIPMENT 127 Arrow Board $ 60,OOlday LOADING/EXCAVATING EQUIPMENT 201 950 Loader $125.001hr 126 Traffic Cones $ 1.001day/ea 129 Traffic Signs $ 6.00/day/ea PERNNNEL/EMERGENCY RESPONSE UNITS — INCLUDES ALL FUEL AND INSURANCE FEES 266 Mini Excavator with Trailer $ 65.00/hr 152 Pickup Truck $ 24.001hr 153 Utility Truck (E,R.) $ 4$.00/hr 154 Company Auto $ 21.601hr 155 Stakebed Truck W/Liftgate $ 42.001hr 1568 Stakebed Truck W/Liftgate (40 Mile Radius) $ 260.001day 157 Biowaste Trailer $ 200,OOlday 120A 50' Incident Response Trailer $ 900,00/day 120E 36' Incident Command Center Trailer $ 600.001day LOADING/EXCAVATING EQUIPMENT 201 950 Loader $125.001hr 202 446 Backhoe $ 75.00/hr 203 Backhoe Breaker or Compactor Attachment $ 425,001day/ea 197 Excavator (Cat 330) $145:00/hr 266 Mini Excavator with Trailer $ 65.00/hr 204 Bobcat Loader with Trailer $ 55.00/hr 205 Bobcat Loader Auger Attachment $125,OOlday 11 25K-52 UNOPERATED EQUIPMENT — OPERATOR BILLED SEPARATELY, CONTD. ITEM NO. EQUIPMENT RATES 206 Bobcat Loader Sweeper Attachment $125.00lday 207 Bobcat Loader Backhoe Attachment $175,00/day 198 Bobcat Loader Grappler Attachment $125,00/day 208 Bobcat Loader Breaker Attachment $ 200,00/day 211 Shovel, push broom, squeegee, or scraper $ 6,00/day 226 Wheelbarrow $ 13.00/day CORINGISAMPLING EQUIPMENT 264 Concrete Caring Machine (6" max. dia,) $150.00/day 265 Mand Auger Kit (excluding brass sleeves) $150.001day 266 Brass Sample Sleeve $ 5A0/ea. 1.2 25K-53 PERSONNEL ITEM NO, STAFF POSITION "NOTE; Overtime= Rate Plus $16.001hr Daubletfine =Rate Plus $3YA0/hr **"** 300 Environmental Safety Coordinator 301 Supervisor 3011 Equipment Operator 302 Technician 304 Administrative Clerk 305 Chemist/Industrial Hygienist 306 Project Manager 520A Ostia Required Confined Space Rescue Trained Specialist 520 Confined Space Gear NOTES: 2M $ 75.00 $ 52.00 $ 52.00 $ 47.00 $ 42.00 $195.00 $ 57.00 $ 97.00 $350.00/per/crew • Prevailing Wage Surcharge $ 40.00lhr When Prevailing Wage Rates or Davis Bacon Wage Rates apply there will be an additional charge of $40.00 per hour for all personnel and/or operated equipment. • Straight Time: The first 8 hours worked between 7:00 a.m. and 5:00 p.m., Monday through Friday. • Overtime: Any period worked more than 8 hours and less than 112 hours between 7:00 a,m. and 5:00 p.m. Monday through Friday; any period prior to 7:00 a.m. or after 5:00 p.m. Monday through Friday; and the first 12 hours worked on a Saturday. • Double Time: Any period worked in excess of 12 hours Monday through Saturday and all of Sunday. • All charges are computed on a portal to portal basis from our City of Industry Terminal. • A four hour minimum applies to all equipment and personnel called out. 13 25K-54 UNOPERATED EQUIPMENT - MISCELLANEOUS ITEM N0, EQUIPMENT RATES 213 Forklift (4000 thru 6000 lbs, capacity) with Trailer $ 295.00/day 217 110.150 CFM Air Compressor $160.00/day 2178 375 CFM Air Compressor $ 250.00/day 255 9.2 CFM Air Compressor $140.001day 218 Extension Ladder 28' $ 78.00/day 219 Folding Ladder 32' $ 65.00/day 220 Folding Ladder 8' $ 35.00/day 256 plasma Cutter $175.00/day 221 Cutting Torch $150.001day 222 Chain Saw (16") $ 70.00/day 226 Miscellaneous Tools (ropes, buckets, wrenches) $ 40.00/day 228 Concrete Saw (includes 1 blade) $120.00/day 228A Concrete Saw Additional Blade $, 45,00/ea 267 Gas Cut Off Saw $100.00/day 267A Gas Cut Off Saw Additional Blades $ 45.00/ea 229 Hydraulic Drum Turner $ 250.00/day 230 Gasoline Soil Tamper $ 45.00/day 231 Jack Hammer (electric) $100.00/day 232 Jack Hammer (air activated) $ 80.00/day 233 Rivet Buster/Chipper (includes 1 bit) $ 70.00/day 234 Rivet BustedChlppor Extra Bits $ 15.00lea 235 Rotary Hammer $ 80.00/day 240 Hazoat Test $ 55.00/test 14 25K-55 UNOPERATED EQUIPMENT— MISCELLANEOUS, CONTO, ITEM NO, EQUIPMENT RATES 241 Hazcat Kit $175.00/day 236 Rall -About Tool Box (Includes assorted tools) $ 250.00/day 237 Sawzall/Skill Saw $ 60.00/day 237A Sawzail/Skill Saw Extra Blade $ 14.00/ea 210 10 K Generator $ 90,00/day 243 3.6 K Generator $ 75.00/day 245 3 Inch Trash Pump $ 90.00/day 246 Widen M Series Diaphragm Pump $ 100.00/day 248 1 11/2' Submersible Pump $ 75.00/day 842 Disposable Hand Pump $ 54,00/each 260 Bypass Plug 11/2'-4" $110.00/week 261 Bypass Plug 41%"-12" $140.00/week 2.62 Bypass Plug 13"-24" $ 300.00/week 263 Bypass Plug 25"-40" $ 530.00/week 839A Magnetic Patch- Small $ 500.00/day 839E Magnetic Patch Large $1,000,00/day 250 Auxiliary Lighting — Excluding Power Source $ 75.001day/ea 251 Portable Light Plant $ 160.00/day 257 Fire Hose 50'x 21/x" $ 30.00/day 258 Discharge Hose 25'x 3" $ 40.001day 15 25K-56 UNOPERATED CLEANING EQUIPMENT ITEM NO. EQUIPMENT RATES 489 Jetter Unit, Towable (4000 psi) $ 70.00/hr 488 Hydrotech High Pressure Wash Unit $ 55,00/hr 488A Hydro -Dig Attachment $ 200.00/day 402 Steam Cleaner $ 35,00/hr 411 Pressure Washer- Hot Water (3600 psi) $175,00/day 209 Pressure Washer (2500 — 3000 psi) $175,00/day 403 Mercury Vacuum (Hope Vac) $150.00/day 412 Wet pry Vacuum —16 gal $ 35.00/day 413 Dustless Bead Blaster, Walk Behind (media not included) $ 75.00/hr 414 Hard Boom $ 6.00/ft/day 16 25K-57 ITEM UNOPERATED SAFETY EQUIPMENT NO. EQUIPMENT RATES 500 Bottled Air, 300 cu. ft, Cylinder $ 90,00/day 501 Self -Contained 60 Minute Scott Air Pack $ 120.00/day 502 Extra 60 Minute Scott Air Cylinder $ 60.001day 505 300 Cubic Feet or 60 Minute Cylinder Recharge $ 85.00/ea 507 Hazardous/Aoid Suit (Level A) $ 225.00lday 508 Hazardous Suit (Level B) $ 85,00/day 509 Positive Pressure Mask W/Egress & Air Line $ 55.00/day 409 Tripod Manllft $ 45.00/day 510 Lifeline & Safety Harness $ 50.00Iday 404 Air Gas Monitor $ 90.00/day 511 Dual Cartridge Half -Face Respirator $ 20.00/day 512 Dual Cartridge Full -Face Respirator, $ 35,00/ea 837 Respirator Cartridge $ 20,00/ea 408 Air Blower (Electric) $ 35,00/day 415 Venturi Air Blower (air compressor not included) $140,00/day 405 Draeger Tester Pump $ 30,001day 407 Draeger Test Tubes $ 15,00/ea 520D Pre & Post Lead Exposure Blood Test $ 75.00/ea 17 25K-58 ITEM RENTAL EQUIPMENT RATES NO. 600 Roll -off Sin Rental, 10-16 Yard Bins $ 8.00/day 600A Dewatering Bin Rental $ 26.00/day 601 Roll -off Bin Rental, 20.40 Yard Bins $ 12,00/day 857 Roll -off Bin Liner, Plastic $ 30.00/ea 868 Bin Dewater Liner: Fabric (130 micron) $ 225,00/ea 606 Portable Black Iron Tank Rental, Skid Mounted (7500 — 10000 gal) $ 20.001day 603 Roll -off Bin Delivery (40 mile radius) $ 250,00/ea 604 Overnight Demurrage on Vacuum Tanker $ 300,00/day 604A Overnight Demurrage on End Dump or Dry Van $100,001day 605 Ramp Rental $ 20,00/pair/day 605A Towable Ramp Rental $ 100,00/day DISPOSAL CHARGES 700 Disposal Fee Cost Plus 0% 701 Disposal Service Charge Cost Plus 20% 702 Washout Fee, Hazardous Waste $ 200.00fea 702A Washout Fee, Non -Hazardous Waste $135.00/ea 702B Facility Washout Fee Cost Plus 20% LABQRATQRY CHARGES 85D Laboratory Analysis Cost Plus 20% 703 U,P,S profile charge (Administrative) $ 60.00104 18 25K-59 ITEM CONSUMMABLES RATES NO, 798 Cement - Regular (90 Ib. bag) $ 13.00/ea 799 Cement — Ready Mix (60 Ib. bag) $ 8.00/ea 801 Rubber Gloves $ 6.50/pair 846 Gloves — Viton(forPCBs) $ 90.00/pair 800 Disposable Tyvek Suit $ 12.00/ea 827 Disposable Tyvek Suit (Poly) $ 18.00/ea 849 Sigel Suit (Acid Suit) $ 60.00/day 848 Rain Gear — Heavyweight $ 22A01ea 851 P.P.E. (gloves, tyvek, and respirator) $ 50.00/day/person 803 Absorbent (Superfine) $ 10.001bag 805 Sorbent Pads $100A0/bale 806 Sorbent Booms (3" or 4" diameter) $ 200.00/bale 808 95 -gallon Overpack Poly Drum (new) $ 260.00/ea 808A 95 -gallon Overpack Poly Drum (reconditioned) $160.00/ea 809 B5 -gallon Overpack Drum (reconditioned) $125.001ea 814 55 -gallon D.O,T, Poly Drum Open Top (new) $ 70.00/ea 810 55 -gallon D.Q.T. Poly Drum Open Top (reconditioned) $ 50.00/ea 811 55 -gallon D.O�T. Poly Drum Closed Top (reconditioned) $ 45.00/ea 819 30 -gallon D.O.T. Poly Drum Open Top (new) $ 66.00/ea 812 30 -gallon D.O.T. Poly Drum Open Top (reconditioned) $ 53.00/ea 818 15 -gallon Poly Drum $ 35.00/ea 807 85 -gallon Overpack Steel Drum (reconditioned) $125.00/ea 19 25K-60 ITEM CONSUMMABLE$, CONTD. RATE$ NO. 802 275 -gallon D,C,T. Poly Tote $ 276.00/ea 813 55 -gallon DA.T, Steel Drum (reconditioned) $ 45.00/ea 820 55 -gallon DA.T, Fiber Drum (reconditioned) $ 50.001ea 82M 55�gailon DAT, Fiber Drum (new) $ 76,001ea 815 30 -gallon DA.T, Fiber Drum $ 70.00/ea 816 20 -gallon D.O,T, Fiber Drum $ 60.001ea 817 5 -gallon D.O.T. Pall (with snap)screw lid) $ 26,00/ea 853 Super Sack $ 65.00/ea 855 Cubic Yard Box With pallet $140.ODlea 821 Soda Ash $ 2.0011b 822 Citric Acid $ 5.00/lb 824 Caustic Soda (flake) $ 2,2511b 829 Caustic Soda (bead) $ 7,501ib 825 Vermiculite $ 60.00/bag 826 Sample Tubes (glass) $ 4.50/ea 831 Harris Caution Tape $ 35.001roll 832 Duct Tape $ 12,00/roll 833 Plastic Sheeting $ 68.00/roll 834 Plastic Bags (heavy duty) $ 1.001e8 835 55 -gallon Drum Liner $ 5.00/ea 836 20" Stretch Film (shrink wrap) $ 70.001roll 837 Respirator Cartridge $ 20.001ea 20 25K-61 ITEM CONSUMMABLES, CONTO, NO, RATES 838 Hazardous Waste Labels $ 0.75/ea 839 Patch Kit $ 40.00/ea 840 Sample Jar $ 6.001ee 841 Rags(box) $ 55.001box 841A Rags (halt box) $ 30,001 %2 box 843 Subsistence: No Layover (8 hr. period) $ 12.001meal/man 844 Subsistence: With Layover $130,00/man 845 Portable Eyewash $ 26.00lday 856 Chlor•D-Teets $ 31.001sa 857 Roll Oft Bin Liner: Plastic $ 30,00/es 858 Hudson Sprayer $ 37,001ea 868 Bin Oewater Liners: Fabric (130 micron) $ 226,001ea 863 Kleen Green / Simple Green $ 11001gal 865 Sand Bag $ 4.00/ea 866 Disposable Flex Hose - 6" $ 2,25/ft 867 Disposable Flax Hose -4" $ 1.501ft 439 Neozyme $ 55.00/gal 876 Gold Crew $ 65A0lgal ITEM OUTSIDE SERVICES OR EQUIPMENT RENTAL RATES NO, 871 Outside Services or Equipment Rental Cast Plus 20% 21 25K-62 Exhibit C Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CEWFIEICA.TIONS NON -COLLUSION AF !DAVIT ('title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham hid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged Information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note; The above Nan -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that making a false certification may subjectthe certifier to criminal prosecution. Signed State of California County of Los Angeles Subscribed and sworn to (or affirmed) before me on this e day of April 2017, by Eduardo Perry Jr., President , proved to me on the basis of satisfactory evidence to be the person(s) who appeared hrfrnv me Notary Public Signature ,.:r,. UlllanVaMwMna Cgmm. Y2t425Sp NotsryPublk CeUforn4 Los Angelso County Comm. Pxplrea rad 29, ]oN7 I Notary Public Seal City of Santa Ana RFP Page A3-1 25K-63 Appendix ATTACHMENT 3-2: NON-I.,OBBYING CERTIFICATION CERTIFICATIONS The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: 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 any 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, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". 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 sub Tecipients shall certify and disclose accordingly. Firm United Storm Water, Inc. Signed and Printed Name: Title Date City of Santa Ana RFP Page A3.2 25K-64 A7'TAGi3MIvNT 3 3�^ N�DNµ�II���i,�1VZIIN'A.�'1C�� C:1�1��IFIIIA'ICTbN The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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 appromlcoship, 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 1.1246 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, 6. 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, 7. The Consultant shall include the portion of the sentence immediately preceding paragraph (t) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted City of Santa Ana RFP W" Page AM 25K-65 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant 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: t/v� Eduardo Perry Jr. �- Title: President Firm: United Storm Water, Inc. Late: City of Santa Ana RFP ^� Page A3.4 25K-66 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: REPROGRAM FUNDS FROM THE ADDRESSING MAINTENANCE ENHANCING SERVICE PROGRAM; AND APPROVE AGREEMENT WITH ACCO ENGINEERED SYSTEMS FOR HVAC AIR -HANDLING SYSTEMS REPLACEMENT AT SANTA ANA REGIONAL TRANSPORTATION CENTER PROJECT 17-6008 {STRATEGIC PLAN NO. 6, 1G & 2A) c CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Authorize reprogramming $650,000 in the Addressing Maintenance Enhancing Service Program, from SARTC general deferred maintenance to SARTC HVAC system replacement. 2. Authorize the City Manager and Clerk of the Council to execute an agreement with ACCO Engineered Systems, for the term beginning June 20, 2017 and continuing through December 31, 2017, to provide replacement of HVAC air -handling systems at the Santa Ana Regional Transportation Center, in an amount not to exceed $650,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. This Agreement may be extended by the City Manager and City Attorney. At the October 20, 2015, the Mayor and City Council reviewed and approved the Fiscal Year 14/15 Surplus Allocation Plan. The Plan was subsequently renamed Addressing Maintenance Enhancing Service (AMES) Program. The AMES Program allocates funds to various capital and deferred maintenance projects, including the Santa Ana Regional Transportation Center (SARTC). SARTC is the focal point of transportation in Orange County. It combines Amtrak, Metrolink, Orange County Transit Authority, intercity and interstate bus transportation, and airport and taxi services all in one location. In addition, the Santa Ana WORK Center is located within the SARTC. The WORK Center collocates resources from various agencies to provide integrated job and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling. Currently, $650,000 has been programmed to address general priority deferred maintenance at the facility. Staff identified fifteen HVAC air -handling units on the first floor of SARTC that are non-functional and in need of immediate replacement. These units are categorized as capital replacement items. Therefore staff is requesting that the $650,000 be reprogrammed from general deferred maintenance and allocated to HVAC system replacements. On May 8, 2017, staff issued a Request for Proposals (RFP) (Exhibit 1) for HVAC Replacement at SARTC on the City's website and on Planet Bids. The Scope of Work included fan coil unit 25L-1 Agreement with ACCO Engineered Systems for HVAC Air Handling Systems at Santa Ana Regional Transportation Center June 20, 2017 Page 2 replacement. Pricing options were also requested for auto -demand response thermostats, variable air volume control, variable chilled water pumping control, new control system, and additional fan coil replacement. Ten firms attended the mandatory job walk on May 16, 2017. Proposals were due on June 8, 2017, and three (3) proposals were received. Each proposal was evaluated and ranked by a review committee comprised of staff from the City's Public Works and Finance & Management (Building Maintenance) agencies. The ranking criteria included firm and team experience, understanding of need, relevant project experience, implementation schedule, references, and fee. The following is a summary of the proposal rankings: Firm Score Proposed Fee ACCO Engineered Systems 97.2 $528,980 Trane Building Services 88.6 $524,015 F.M. Thomas Air Conditioning, Inc. 52.8 $573,390 Staff recommends awarding a contract to ACCO Engineered Systems, based on its experience with similar work, understanding of the project scope, and proposed fee and delivery schedules. The total agreement compensation is in the amount of $650,000 (Exhibit 2).The total compensation includes an 18.6% contingency for unforeseen items, any unused contingency will be used for SARTC improvements. While ACCO Engineered Systems is not the lowest proposal, the timeline for completion is significantly shorter, minimizing disruption during the summer months. STRATEGIC PLAN ALIGNMENT Approval of this item supports City' s efforts to meet Strategic Plan Goal # 6 — Community Facilities & Infrastructure, Objective # 1 ( establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans), and Objective 2 ( address deferred maintenance on City buildings and equipment), Strategy A ( prepare a Deferred Maintenance Plan that assesses safety, adequacy, and liability implications, and estimates repair costs to be programmed in the responsible agency's future budget). FISCAL IMPACT Funds in the amount of $650,000 are available in the Public Works Project 17-6008 account (No. 05017018-66220) for expenditure in FY 2017/18. 'Frdl Mo savi"pour Executive Director Public Works Agency FM/CK Exhibits: 1. Request for Proposals (RFP 17-057) 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25L-2 REQUEST FOR PROPOSALS (RFP) FOR HVAC REPLACEMENT AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER RFP NO.: 17-056 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Christy Kindig Project Manager (714) 647-5088 Office cldndia(i santa-ana.org for Release: KEY RFP DATES (Subject to change at discretion of City): Issue Date: Letter of Intent: Mandatory Pre -Proposal Job Walk: Deadline for Requests for Information: Proposal Due Date: Presentation/Interviews (optional): Projected Award Date: g�y��ry Fred Mousavipour / Executive Direetor Public Works Agency May 8, 2017 May 11, 2017 May 16,2017; 10:00 a.m. May 26, 2017 June 5, 2017; 4:00 p.m. June 8, 2017 June 20, 2017 Exhibit 1 25L-3 U NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for $VAC Replacement at the Santa Ana Regional Transportation Center (SARTC). Responses to this Request for Proposals (RFP) will be accepted until June 5, 2017 at 4:00 p.m. Proposals received after this date/time will not be considered. It is the responsibility of the proposer to ensure that any proposals submitted have sufficient time to be received by the City of Santa Ana prior to this proposal due date and time. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR I3VAC REPLACEMENT AT SARTC RFP NO. 17-056 IN THE CITY OF SANTA ANA DO NOT OPEN WITH REGULAR MAIL." City of Santa Ana Attn.: Christy Kindig Public Works Agency; 20 Civic Center Plaza; 4th Floor Reception, Ross Annex Santa Ana, CA 92701 MANDATORY PRE -PROPOSAL JOB WALK A mandatory pre -proposal job walk is scheduled for this contract as follows: • Tuesday, May 16, 2017 at 10:OOAM Santa Ana Regional Transportation Center - Lobby 1000 E. Santa Ana Boulevard, Santa Ana, CA 92701 Meet in Lobby. The job walls will include a discussion of the project, an overview of the City's expectations of the awarded contractor, and an opportunity for prospective proposers to view the job site and ask questions of City staff on any matter in the RFP. Questions and answers deemed to be of interest to all prospective proposers will become addenda posted on the City's bid management and publications website, It is the proposers' responsibility to check the site for that information and any other information pertinent to the RFP. City will make every effort to post the questions and answers within two (2) business days of the job walls. Proposers' operation/field supervisors are strongly encouraged to attend the job walls. Proposals shall be mailed, hand delivered, or sent by courier service. Proposals shall NOT be sent via telegraphic, electronic or facsimile. City of Santa Ana RFP 17-056 25t-4 All notifications, updates and addenda will be posted on the City's RFP Bid pages at www.santa- ana.or bids-rfpss, and at www.plaiietbids.com/portal/Xortal.cfm?Coml2anylD=20137. Proposers shall be responsible for monitoring the sites to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal. LETTER OF INTENT - Interested firms shall submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date as shown on the cover page of this RFP. Letters shall be forwarded via certified mail or email and shall include the following information: 1. Use formal company letterhead. 2. Indication of company interest in the RFP, 3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP. 4. Provision of correct, complete contact information, City of Santa Ana RFP 17-056 (9) TABLE OF CONTENTS INTRODUCTION /PROJECT DESCRIPTION II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D, ADDENDA E. LICENSES & PERMITS F. INSURANCE G. INFORMATION PACKET H. PRE -PROPOSAL, MEETING I. CITY RIGHT TO REJECT J. BID PROTESTS III. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS 1. STATEMENT OF QUALIFICATIONS 2, SCOPE OF SERVICES AND SCHEDULE 3. FEE PROPOSAL 4. CERTIFICATIONS IV. PROPOSAL REVIEW (CONSULTANT SELECTION ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATIONS City of Santa Ana RFP 17-056 2 9 E A6 A. EVALUATION AND RATING B. SELECTION V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VI, IMPLEMENTATION A. KICK-OFF MEETING B. NOTICE TO PROCEED VII. PUBLIC RECORDS VIII. APPENDIX ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: AGREEMENT ATTACHMENT 3: CERTIFICATIONS City of Santa Ana RFP 17-056 2 9 E A6 I. INTRODUCTION / PROJECT DESCRIPTION Nature of Worlc: The City of Santa Ana is seeking HVAC Replacement at SARTC, A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1, Number of Proposals and Signature: Four hard copies and one (1) digital file on labeled USB Flash Drive (or equivalent) of your proposal shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana. One (1) copy of your Fee Proposal shall be submitted. The Statement of Qualifications shall be limited to a maximum of (10) double -sided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimrum 11 -point Arial, Proposal exhibits shall be maximum 11" x 17". Proposal Evaluation and Ratin : The criteria for evaluating the proposals submitted will take the following items into consideration: • Firm/Team Experience 20% • Understanding of Need 15% • Relevant Project Experience 20% • Schedule 20% • References 15% • Fee* 10% * Fee is a weighted consideration for award. However, it is not the only consideration. The City has established a proposal review committee to evaluate proposers based on the response to the RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above, A final score will be calculated for each submitted proposal and used to rank the proposers, Prevailing Wage: The Director of Industrial Relations has determined that labor services performed on projects under this contract are subject to prevailing wage. • No contractor or subcontractor maybe 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 bad purposes only under Labor Code section 1771.1(a)] • Under the provisions of SB854 the City of Santa Ana may not accept a bid from, or enter into a contract for any public work with any contractor not currently registered with the DIR. For additional information visit the Department of Industrial Relations website at www.dir.ca.goy/ptiblic-worl<s/Contractors, City of Santa Ana RFP 17-066 Page 1 25L-7 • 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 contract/project is subject to compliance monitoring and enforcement by the Department of Industrial Relations, City of Santa Ana RFP 17-056 p25�L-8 II. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein. B. PROPOSER RESPONSIBILITIES Point of Contact; The selected proposer will assume responsibilities for all services in its proposal, The selected proposer shall identify a sole point of contact 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, Evidence of Financial Capacity: Proposer may be requested to submit its most recent audited financial statement, evidencing proposer's financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity. C. REQUEST FOR INFORMATION OR CLARIFICATION All questions or requested clarifications shall be made in writing via e-mail to the Project Manager (contact information as noted on the cover page to this RFP) no fewer than five (5) calendar days prior to the date and time set for opening of proposals, No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP. D. 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 website, santa-ana.org/bids-rips and at www.planetbids.coin/portal/�PortaLcfrn?CoLupmylD=20137 cfm?CoLupmyID=20137 as set forth in the Notice Inviting Proposals. Addenda shall become part of the agreement documents. E. LICENSES & PERMITS The selected proposer shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City projects manager or designee prior to commencing any work in Santa Ana. Additionally, Proposer will be responsible for obtaining any licenses/permits required by the Scope of Work. F. INSURANCE The Selected Proposer shall provide the required evidence of insurance coverage as set forth in the Scope of Work within two (2) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. 0 G. PAYMENT INFORMATION PACKET The selected proposer shall return a completed payment information packet within two (2) business days after the successful proposer has received notice that the contract has been awarded. The packet is available on the City's website: santa-ana.ora/bids-rfM. II. PRE -PROPOSAL MEETING Should a pre -proposal be scheduled, the date, time and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question - and -answer session. It is highly recommended that the Proposer's key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in "Section D: Addenda." I. CITY RIGHT TO REJECT The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract 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. 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 RPP. Subcontractors shall be the responsibility of the successful proposer and the City shall assume no liability of such subcontractors, BID PROTESTS Proposers with concerns or rebuttal of any staff determination of non -responsiveness or non - responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or his designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder. City of Santa Ana RFP 261aw10 III. SUBMITTAL REQUIREMENTS A. GENERAL I. The number of Proposal Copies and signature is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION, II. Deadline: Proposals are due to the City of Santa Ana at the date, time, and location specified in the Notice Inviting Proposals. B, PROPOSAL CONTENTS The proposal format and page limitation, if any, is specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. 1. STATEMENT OF QUALIFICATIONS a. Cover Letter — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Contract Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the Agreement attached herein as Attachment 2 in the Appendix. c. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-consultants that will be providing services which outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual's time devoted to this project. 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 for an interview. d. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the work, This outline should include anticipated approach, tasks necessary for successful completion, deliverables, and suggestions or special concerns that the City should be made aware of. Identify any assumptions and/or exclusions used in preparation of the scope of work and associated fee estimate. e. Relevant Project Experience: Proposal shall include a list of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Project information should include project description, year completed, client name, along with a person to contact and their telephone number. City f. References: Proposal shall include a listing of relevant projects with references for three public entities for which Proposer has performed similar work within the past five (5) years. 2. SCOPE OF SERVICES AND SCHEDULE: Proposal shall include a Scope of Services and Schedule which details the work phases to be completed, the tasks to be accomplished, the deliverables to be provided, and the schedule / timeline to complete the project, based upon the requested Scope of Work detailed in Attachment 1 of this RFP. 3. FEE PROPOSAL: The 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, 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 fee proposal will not be opened until the proposals have been evaluated by the proposal selection committee. The City will select the consultant based on qualifications, and then negotiate a contract price based on available funding, 4. CERTIFICATIONS: The following forms shall be signed and included as part of the proposal submittal package: • Attachment 3-1: Non -Collusion Affidavit s Attachment 3-2: Non -Lobbying Certification • Attachment 3-3: Non -Discrimination Certification IV. PROPOSAL REVIEW (CONSULTANT SELECTION) A, EVALUATION AND RATING The criteria for evaluating the proposals are specified in: RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the contract to the proposer who will provide the best value to the City. City reserves the right to begin negotiations and enter into a contract without interview or further discussions, f Santa Ana RFP 5lLga9 2 V. CONTRACT AWARD A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of a contract to the proposer providing the best value to the City. B, EXECUTION OF AGREEMENT The Scope of Services, Schedule, and Fees submitted in the proposal will be the basis of any negotiation of final terms which will lead to a completed agreement ready for execution based on the standard Agreement attached herein as Attachment 2 in the Appendix. VI. IMPLEMENTATION A. KICK-OFF MEETING A kick-off meeting will be held after award of contract. Consultant and its team will meet with City of Santa Ana staff to conduct introductions, discuss scope of services, and implementation process. B. NOTICE TO PROCEED Following the kick-off meeting, a formal Notice to Proceed (NTP) may be issued after the agreement is fully executed, and all required bonds, insurance docuunents and contents of the Information Packet have been received and approved. For "On -Call" contracts, Consultant will be notified by individual City Project Managers on a case-by-case basis to request project/task specific proposals. Written NTPs will be then issued accordingly. VII. PUBLIC RECORDS All data, docuunents 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 information shall be maintained confidential, to the extent allowed under the California Public Records Act. Proposals will become public record after award of contract, Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City Appendix ATTACHMENT 1 SCOPE OF WORIG CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR HVAC REPLACEMENT AT SARTC RFP NO.: 17-056 Introduction and Background: SANTA ANA REGIONAL TRANSPORTATION CENTER The Santa Ana Regional Transportation Center (SARTC) is located at 1000 East Santa Ana Boulevard, Santa Ana, CA 92701. The facility covers 6.75 acres and contains a 47,000 -square- foot terminal, two surface parking lots with a total of 282 spaces, and one four-story parking structure with 423 spaces. A three-story pedestrian bridge takes travelers to the east train platform. A second pedestrian bridge connects the parking structure to the main facility. The terminal building is open from 5:00 AM to midnight daily. The parking structure is open to the public from 4:00 AM to midnight daily. The SARTC terminal building contains approximately 35,000 square feet of rental space, plus five -story theme tower that includes small meeting/conference rooms on the 4th and 5m floors. Tenants include Amtrak, Greyhound Lines, Tres Estrellas de Oro, County of Orange Social Services Program, State of C alifornia EDD, the City of Santa Ana Work Center, and gift shop. Description of Work: First floor HVAC scope of work SARTC fan coil replacement job with controls option upgrades Units to be replaced: # 2,3,4,5,6,7,8,9,10,11,12,14, and 19 Fan Coil Unit Replacement — Base Option • Contractors shall confine unit identification information on fan coil schedule to the actual fan coil unit to insure the correct size unit is installed • New fan coil units will have direct drive fan systems with ECM motors • New fan coil limits will come equipped with a new controller that has enough points to satisfy 2016 Title 24, section 120,2 j, and allow for additional future controls strategies, such as VAV to zones where feasible, • Install secondary stainless steel drain pans under fan coil units, condensate drains for secondary pans and fan coil units including safety switch in secondary pan • Install new zone controls (DDC) for heating and cooling valves including new thermostats that are Title 24 compliant, and Auto -Demand Response control enabled, see Auto -DR section below. • Install new DDC control valves for hot water (3 -way valves) coils and chilled water (2 - way valves) coils to be integrated into existing control system • Install new chilled water and hot water shut off ball valves (frill port) to each unit • Install new hot water and chilled water piping to coils as needed from new isolation full port ball valves including petes plugs on supply and return lines and hose bib on supply piping at coil • Reconnect electrical as per code • Reinstall ductwork and replace if required, provide duct sealing where required by Title 24. • Install water balancing valves on chilled water and hot water at each fan coil • Certified water balance each fan coil and supply the City of Santa Ana with report • Certified air report to confirm the design CPM at fan coil units per fan coil schedule on prints and supply the City of Santa Ana with report • Supply the City of Santa Ana with all submittal information • All work to be permitted per city code and inspections scheduled by contractor • Label new units and thermostats with plastic tags • Provide diagram showing association of thermostat to fan coil units • Supply the City of Santa Ana with drawings (red line or architectural draft) • This applies to units: 2, 3, 4, 5, 6, 7, 8, 10 and 11. The contractor will have one line item price to remove these omits and install new units in preferred locations (see prints) and one line item price to abandon the old units in place and install new units in preferred locations • If the units that are relocated need penetrations through fire wall the penetrations will need to be properly sealed with fire caulking per code. If duct penetrations are needed install fire dampers per code and fire caulk per code. • Compliance with buy American act • Contractor is responsible for all engineering costs • DIR and prevailing wage required • Contractor will provide copies of all applicable licenses along with submitted proposals, including the following at a minimum: a. C-20 — HVAC Contractor License b. C-7 — Low Voltage Systems Contractor License c, C-10 —Electrical Contractor License Auto -Demand Response (DR) Thermostats — Pricing to be provided by Contractor as Option A Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option. The new thermostats (one per 'Pan coil) shall be capable of connecting to the network to be able to receive automated demand response (Auto -DR) signals from the utility provider, Southern California Edison (SCE) during specific periods as determined by the utility provider. City of Discuss with the City to provide and document detailed information regarding thermostat locations, connections, wiring, conduit runs, Ethernet switches, power sources, and all other related parameters before beginning the work. Ensure that proposed thermostat "integrated packages" shall have technical specifications including, but not limited to: C Compatible electrical parameters in terms of voltage, amperage etc. for connection to existing HVAC systems/power sources. o Thermostats/Controllers must be able to communicate through current ADR/OpenADR messaging protocol for receiving Automated Demand Response (ADR) signal from the utility provider. o During the Auto -DR event, the controller shall be capable of resetting the thermostat cooling set point to 5 degrees F higher than the occupied cooling set point. o Thermostats shall be preferably hard wired unless approved by the City. o Refer to the below list of preferred manufacturers for "Smart' Thermostat packages for Auto -DR implementation: ■ RCS Technology Honeywell ■ Siemens (preferred) ■ Or Approved Equal Make sure that all the thermostats are connected to the internet and communicating for receiving demand response signals, perform test to ensure functionality. Variable Air Volume (VAV) Control — Pricing to o be provided by Contractor as Option B Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option, • The new fan coil units should be Trane model, HFCE or HCFD, with ECM fan motors and multi -fan speed controls. • The contractor shall program the EMS and new fan coil units to reduce fan speed to low when zone space set point is satisfied. Variable Chilled Water Pmnping Control — Pricing to be provided by Contractor as Option C Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option. • Install a new variable speed drive to control the existing chilled water pump motor. • The VSD will be controlled by a new differential pressure sensor installed on the existing chilled water loop and modulate the motor to maintain the desired differential pressure set point. • The VSD shall be wall mounted in an easily accessible and safe area. • The new equipment shall be commissioned to ensure no reduction in service level. City of Santa Ana RFP 17-056 2� a 46 • The existing Siemens EMS control points for all equipment relevant to this project shall be maintained and verified when construction is completed. • A new on/off status control point(s) shall be incorporated into the existing Siemens EMS for the new VFD control. • Additional Siemens control points are to be determined by the City. New Controls System — Pricing to be provided by Contractor as Option D Contractor is to provide this pricing as incremental cost, hi other words, the cost beyond Base Option. • The Contractor is to provide equipment that is compatible with DEC Siemens management system (Insight or newer) • Replace the fan coil controllers on remaining (20) units with new DDC controllers that were not covered in the Base Option. The quantity of (20) remaining fan coils is to be verified by the Contractor • The Contractor will furnish new DDC chilled water valves and DDC heating hot water controls valves for remaining (20) fan coil units that were not covered in the Base Option. • The Contractor will furnish new DDC zone temperature sensors for units • The Contractor will upgrade the existing Siemens controller (or provide new, as needed) and upgrade graphics and programming, as needed • Contractor to provide water balancing report to City • System startup and commissioning • The new controls system will integrate All HVAC building systems, including all fan coil units, chiller, chilled water pumps, heat rejection equipment, etc. ,Additional (2) Fan Coil Replacement — Pricing to be provided by Contractor as Option E Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option. • Contractor to replace (2) additional fan coil units, #16 and #18 which serve suite 103. • These additional (2) fan coil units are to be installed in accordance to all scope items for the fan coils identified in the Base Option. City of Appendix ATTACHMENT 2 STANDARD AGREEMENT CONSULTANT AGREEMENT CITY OF SANTA ANA THIS AGREEMENT is made and entered into this day of , 2017.by and between , (hereinafter "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 (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of: Briefly describe expertise sought and the scope of work the consultant (engineering) services will perform.) 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 tern 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. The Scope of Services shall include a Schedule for the Delivery of Services, which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed. 2. COMPENSATION City agrees to pay, and Consultant agrees to accept as total payment for its services for City, an amount not to exceed $ in accordance to rates and charges identified in Compensation - Exhibit B, attached hereto and incorporated by reference, and in accordance with Section 18, 3. TERM This Agreement shall commence on [enter a Start Date or "the date first written above"] for a number (#) yearterm with the option Inc the City to grant up to a number (4) -yea r renewal option(s) City of Santa Ana RFP Page A2.1 25L-18 exercisable 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 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 !it 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 lhnited 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 Prior to undertaking performance of work ander 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 City of Santa Ana RFP Page A2-2 25L-19 the City; and (c) contain standard separation of insured's 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. I£ 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: L 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 (30) days prior written notice to the City. iv. Consultant shall supply City with a fully executed additional insured endorsement. 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 indemnity the City for any work performed prior to approval of insurance by the City. 7. INDEMNIFICATION To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively, the "indemnified parties") from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims"), to any work performed or services provided under this Agreement arising out of,, relating to or pertaining to the negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees, vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or City of Santa Ana RFP Page A2-3 25L-20 for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the indemnified parties from any claim arising from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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 Linder 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. Conflict may be further City of Santa Ana RFP Page A2-4 25L-21 specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 12. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations and as further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference. 13. 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, 14. 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. 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 City of Santa Ana RFP Page A2-5 25L-22 specified in the Recitals of this Agreement. 16. 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. 17. 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, 18. PAYMENTS & INVOICES a. 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. b, Invoices should be submitted on the 15th of each month and shall include the following information at a minimum: V. Consultant's invoice number and City's agreement number vi. Beginning and ending dates for services vii. City Project and/or Task Order number and/or name (if applicable) viii. Work site address/location (if applicable) ix. Tasks or deliverables completed and percentage (%) of total services completed. X. Remaining Overall and Task Order budget available 19. MISCELLANEOUS PROVISIONS a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached hereto and incorporated into this Agreement by reference. b. 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, City of Santa Ana RFP Page A2-6 25L-23 a All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. 20. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: 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: Sonia R. Carvalho Executive Director, Public Works Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-21) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714- 647-5635 Fax: 714- 647-6515 To Consultant: Title Consultant Firm Name Address City, State, Zip Fax: 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. I£ 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 City of Santa Ana RFP Page A2-7 25L-24 forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: Maria D. Huizar Cleric of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney John Funk Assistant City Attorney RECOMMENDED FOR APPROVAL: FRED MOUSAVIPOUR Executive Director Public Works Agency CITY OF SANTA ANA Acting City Manager CONSULTANT: (name) (title) Tax ID# City of Santa Ana RFP Page A2-8 25L-25 EXHIBIT A SCOPE OF SERVICES City of Santa Ana RFP Page A2-9 25L-26 EXIBBIT B COMPENSATION Fee Proposal including hourly rates (from Consultant Proposal) The total compensation may include a line item for the cost from the Fee Proposal, followed by a line item for any contingency, followed by a grand total not to exceed (NTE) Amount. This is what may be transferred to the front page of the contract. City of Santa Ana RFP Page A2-10 25L-27 EXHIBIT C CERTIFICATIONS C-1 through C-3 City of Santa Ana RFP Page A2-11 25L-28 Appendix ATTACHMENT 3-1: NON -COLLUSION AFFIDAVIT CERTIFICATIONS CONSTRUCTABILITY REVIEW NON -COLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement, cominunication, or conference with anyone to fix the bid price of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Note: 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. BIDDERS are cautioned that maldng a false certification may subject the certifier to criminal prosecution. Signed State of California County of Subscribed and sworn to (or affirmed) before me on this _ day of , 20_, by proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. Notary Public Signature Notary Public Seal City of Santa Ana RFP Page A3 -t 25L-29 Appendix ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION CERTIFICATIONS. CONSTRUCTABILITY REVIE+ W The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her lmowledge and belief, that: I. No federal appropriated fiords 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 fiends other than federal appropriated finds have been paid or will be paid to any person for influencing or attempting to influence any 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, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure of Lobbying Activities". 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 $1.00,000 and that all such sob recipients shall certify and disclose accordingly. Signed and Printed Name: Title Date City of Santa Ana RFP Page A3-2 25L-30 Appendix ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION CERTIFICATIONS CONSTRUCTABILITY REVIEW The undersigned consultant or corporate officer, during the performance of this contract, certifies as follows: 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. 6. 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. 7. 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 City of Santa Ana RFP Page AM 25L-31 by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11.246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a sub -consultant 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: City of Santa Ana RFP Page A3-4 25L-32 MAY0.1 Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinalero Juan Villages May 11, 2017 ADDENDUM No. 1 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 www.sants-ana oro SUBJECT: RFP #17-056 — Requests for Information INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar The following questions have been received. An answer is provided immediately following. Question - Page Al -2 notes that the contractor must have a C-20, C-7 and C-10 license. My request is to modify this to require the contractor to have a C-20 and B license with the ability to subcontract the C-10 and C-7 licenses. C-20, C-10 and C- 7 are completely separate trade skills and it is unreasonable to ask a mechanical contractor or an electrical contractor to possess all 3. This also limits the "test of the market" requirement by a public agency as only large companies will possess all of these licenses. Answer - Class B, C-20 or C-38 license would be acceptable to bid. 2. Question - With respect to the above referenced project, can you please inform me if this Request for Proposals (RFP) is for Contractors only or will the project delivery be Design/Build or Design/Bid/Build? Answer — The RFP is for contractors only, with responsibility for providing structural calculations and plans for the permit process.. Question - Would you please let us know what is the start date and duration for this job. Answer — The start date is as soon as possible after contract award, permits are issued, and structural design is complete as applicable. Duration is multiple weeks. SANTA ANA CITY COUNCIL Miguel A. Pulido Miahu. Martine Vicente Sarmiento Jose Solorio P. NOW Benavides Juan Villogas Sal Tinajero Mayor Mayor Pro Tem. Ward 2 Ward Ward Word Ward Ward ulid. m sant.-ana.org mlmadingzdJid-,me.dvsarmie Nof<Osanta�anaom- ant dbenavldoola�sagm-anaora vi111 eaas(�vaoae stlnapm@santa-era or Addendum No.1 May 11, 2017 Page two of two 4. Question - Also in item proposal Evaluation and Rating, what is the percentage of price? Answer— See page 1. I. Introduction/Project Description, Proposal Evaluation and Rating. REMINDER: Your letter of intent is due today by 11:59 p.m. All other terms and conditions remain the same, FOR THE CITY OF SANTA ANA //i_//4. Christy Kindid Projects Manager City of Santa Ana Public Works Agency SANTA ANA CITY COUNCIL Miguel A. Palen Michele Martinez Vicente Sarmiento Jose Solon. P. David Donavides Juan Villages Sal Tln[ Mayor Mayor Pro Tom, Ward 2 Were Ward Ward Word Ward moul'dofoJslatti aoro mimadinez8l..nlo-enaom VsarmieMo sanfa-=olorio santa-ana.o dbenavdeeLdanta-enaoro ilylegair5sanla-ane or sl'na'ero0ir., '.. MAYOR Miguel A. Pulldo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavidea Vicente Sarmlento Jose Solorio Sal Tlnalero Juan Villages May 18, 2017 ADDENDUM No. 2 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1088 Santa Ana, California 02702 WWW santa-ane ora SUBJECT: RFP #17-056 — Requests for Information REVISE Cover Page, Key RFP Dates: Delete Letter of Intent requirement. INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonla R. Carvalho CLERK OF THE COUNCIL Maria D. Hulzar The following questions have been received. An answer is provided immediately following. Question - Page A1-2 notes that the contractor must have a C-20, C-7 and C-10 license. My request is to modify this to require the contractor to have a C-20 and B license with the ability to subcontract the C-10 and C-7 licenses. C-20, C-10 and C- 7 are completely separate trade skills and it is unreasonable to ask a mechanical contractor or an electrical contractor to possess all 3. This also limits the "test of the market" requirement by a public agency as only large companies will possess all of these licenses. Answer - Class B, C-20 or C-38 license would be acceptable to bid. 2. Question - With respect to the above referenced project, can you please inform me if this Request for Proposals (RFP) is for Contractors only or will the project delivery be Design/Build or Design/Bid/Build? Answer — The RFP is for contractors only, with responsibility for providing structural calculations and plans for the permit process 3. Question - Would you please let us know what is the start date and duration for this job. Answer — The start date is as soon as possible after contract award, permits are issued, and structural design is complete as applicable. Duration is multiple weeks. SANTA ANA CITY COUNCIL Miguel A. Pulldo Michele Martinez Vlaenle Sarmlenio Jose Solon. P. navld Banovldes Juan Vlllagee Sal Tlnalara Mayor Mayor Pro Tam, Word 2 Ward Ward Nou idn(o)aenla-ane.ora lWand WardBmlmeRlneaeanla-anaoro Warmlemrsanlaana.ra laded sla-an.,oro dbeavdeeA...nla-a.. ort Ivlllenaslarsanteene ellnaleroNlsanla-ane om 25L-35 Addendum No. 2 May 18, 2017 Page two of two 4. Question - Also in item proposal Evaluation and Rating, what is the percentage of price? Answer — See page 1. I. Introduction/Project Description, Proposal Evaluation and Rating. This ends the Q & A Section of this addendum I acknowledge I have received and read this addendum: Respondent Signature Company Name THIS NOTICE MUST BE SIGNED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NONRESPONSIVE. All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA Christy Kindig Projects Manager City of Santa Ana Public Works Agency SANTA ANA CITY COUNCIL Wguol A. Pulido Mlchele Manlnez Vicente Sarmlanto Jose 3olodo P, Davld PonaOdas Juan Vllleeaa Sal Tlnalaro Mayor Mayor Pro Tem, Ward 2 Ward Wom3 Ward Ward Waft! 6 moulldoMsanta-ena.am mimarlinezf)nnta-ana.oro yaeonlantolowte-ana ora lao19r1209anlo-ana.ora db.m.NduOlianta-ena,om Ivllleoes2daenta era om ellneleroneama-ana 25L-36 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villages May 18, 2017 ADDENDUM No. 3 CITY OF SANTA ANA 20 Civic Center Plaza a P.O. Box 1988 Santa Ana, California 92702 www.santa-ana oro SUBJECT: RFP #17-056 — Requests for Information INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D, Hulzar The following changes have been made to the above referenced Request for Proposals. 1. Cover Page, Key RFP Dates: Delete Letter of Intent requirement. 2. Cover Page, Key RFP Dates: Deadline for Requests for Information to read as follows: Deadline for Requests for Information: May 26, 2017 at noon. 3. Page Al -2, Section: Description of Work: Fan Coil Unit Replacement — Bullet 8 Revise to read as follows: Install new hot water and chilled water piping to coils as needed from new isolation full port ball valves, including petes plugs on supply and return lines, and hose bib on supply piping at coil. Contractor is responsible to insulate all new piping and piping devices. 4. Page A1-1, Section: Description of Work: Fan Coil Unit Replacement — Bullet 19 Revise read as follows: This applies to units: 2,3,4,5,6,7,8,10,11, and 12. 5. Page A1-2, Section: Description of Work: Fan Coil Unit Replacement — Bullet 20 Revise to read as follows: All appropriate sealing and fire Caulking per code is the responsibility of the contractor. 6. Page A1-2, Section: Description of Work: Fan Coil Unit Replacement — Add Bullet 25 to read as follows: Contractor is responsible to install access panels where needed, for removal or installation of units, including painting and patching, as needed. 7. Page A1-2, Section: Description of Work: Fan Coil Unit Replacement —Add Bullet 26 to read as follows: Install new Siemens zone controls (DDC) for heating and cooling valves, including new thermostats that are Title 24 compliant, and Auto -Demand Response control enabled, see Auto -DR section below. 8. Page Al -2, Section: Description of Work: Fan Coil Unit Replacement — Add Bullet 27 to read as follows: All new controls will be Siemens and integrated into existing building controls. SANTA ANA CITY COUNCIL Pulido Michele Martinoz Nicene Sarmiento Jose Solorio P. David aonavldes Juan iIv llooas(o)aVainllelo as n e or sti 'S21 Tnor Mayor Pro Tom, Ward 2 Ward 1 Ward 3 and 4 WertlS ta-ena.ormartinez®sena-ane orvsarmiettansaraanao'sc b a WardG ea s 1 Addendum No.3 May 18, 2017 Page two of three 9. Page A1-3, Section: Variable Chilled Water Pumping Control -- Pricing to be provided by Contractor as Option C: Install a new variable speed drive to control the existing chilled water pump motor. Revise to read as follows: Install two new variable ABB frequency drives (VFD) with bypass, and two new VFD rated motors. Add two appropriate outside rated enclosures and factory certified startups for VFD's. 10. Page A1-3, Section: Description of Work: Auto -Demand Response (DR) Thermostats -- Pricing to be provided by Contractor as Option A — Replace Bullet 3, sub -bullet: Refer to the below list of preferred manufacturers for "Smart" Thermostat packages for Auto -DR Implementation: • RCS Technology • Honeywell • Siemens (preferred) • Or Approved Equal to read: All new controls will be Siemens and integrated into existing building controls. The following questions have been received. An answer is provided immediately following: 1. Question - Controls and thermostats — what is going to control the fan coil units until the DDC control system is installed? Answer — New DDC Siemens zone controls, thermostats, and controllers are to be installed and integrated into the existing Siemens Energy Management System. 2. Question -There are two chilled water pumps. Are they to install two VFD's? Are the motors to be changed to VFD rated motors? Answer—Two VFDs should be installed. If the motors are not inverter duty rated and/or not compatible with VFD, they should be replaced as part of this scope. 3. Question —What is the deadline for requests for information? Answer— May 26, 2017 at noon 4. Question — Is Siemens doing the controls if so who are they working for? The contractor, the City or someone else? Answer — The responding contractor is responsible for bringing in Siemens (or qualified Siemens controls contractor) as a subcontractor under this effort. Contractor is responsible. 6. Question —Can the chiller function correctly with variable flow due to the VFD's on the chilled water pumps? SANTA ANA CITY COUNCIL Miguel A. P.M. Michole Martinez Vicento Sarmlanto Jose Solono P. David Sanevides Juan Villages Sel Tinejmo Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Word 6 noul [lo(oJsanta.flne orn mmad'nez(atsamta-ana ora mur i.ntons.rtaano.orn jyyQ _te-ap\q!A dbeoeyidesriasama-ena. or Ivilleaaaam,nta-eneorn mina ero(dsanta-ena.om Addendum No.3 May 18, 2017 Page three of three Answer— Contractor is responsible for fully commissioning the variable chilled water flow strategy. This effort includes finding safe and reasonable chilled water flow minimums. This ends the Q & A Section of this addendum I acknowledge I have received and read this addendum: Bid Respondent Signature Company Name NOTICETHIS D INCLUDED WITH THE PROPOSAL. NONRESPONSIVE.PROPOSALS THAT 00 NOT CONTAIN THIS FORM WILL BE CONSIDERED All other terms and conditions remain the same. FOR THE CITY OF SANTA ANA Christy Kindig Projects Manager City of Santa Ana Public Works Agency SANTA ANA CITY COUNCIL Miguel K Pulido Michale Martinez Vicente Sarmiento dose Solorio P. David 6anavides Juan Wlegas Sal Tinejero Mayor Mayor Pro Tani, Ward 2 Ward 1 Ward 3 [hoot Eofmsa ila-ana orm lnimatlinaz(rDsanla-ane oraysarmiento(m)sanfa-ana ora 'so la= Ward! Wartl5 Ward an dbenav desfNsanta-end ivillenasdsanla-ana oro sl'ne'era(olsar to -ane ora MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Banavldes Vicente Sarmlenlo Jose Solorio Sal TinSero Juan Villages May 31, 2017 CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 02702 www,santa-ana.orn ADDENDUM No. 4 SUBJECT: RFP #17-056 — Revisions INTERIM CITY MANAGER Cynthia J. Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Marla D, Hulzar The following revisions have been made to the above referenced Request for Proposals: 1. The Proposal Due Date is extended to: June 8, 2017 4:00 pm. 2. The Scope of Work detail is expanded to clarify & include: Replacement of 13 fan coil units; of those 13 fan coil units 10 are to be relocated as discussed at the Job Walk. In addition, proposer is to provide an option to replace 2 additional fan coil units. End of Addendum I acknowledge I have received and read this addendum: Bid Respondent Signature Company Name THIS NOTICE MUST BE SIGNED AND INCLUDED WITH THE PROPOSAL. PROPOSALS THAT DO NOT CONTAIN THIS FORM WILL BE CONSIDERED NON-RESPONSIVE. All other terms and conditions remain the same. Christy Kindig Projects Manager City of Santa Ana Public Works Agency SANTA ANA CITY COUNCIL Miguel A. Pulldo Michele Marllnez Mcmdo, Sarmlenlo Jose Salado P. nand Benevides Juan Atop. Sal Tlnafaro Mayor Mayor Pro Tem, Ward 2 Ward Ward Ward Ward Ward mourdoMeanle-an..oro mlmadlnezoleanl9 ane.ora vearmlardor@eanla-sna.oro Isoloda'blsenle ene.om dbenavides®aanta-ana.ora IVIIIBana0s.nla-.n..om ellnelaronsante-anaom 25L-40 AGREEMENT TO PROVIDE HVAC REPLACEMENT AT THE SANTA ANA REGIONAL TRANSPORTATION CENTER THIS AGREEMENT is made and entered into this 20`x' day of June, 2017 by and between ACCO Engineered Systems, a California corporation ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On May 8, 2017, the City issued Request for Proposal No. 17-056, and subsequent addenda, by which it sought contractors to provide Replacement of the HVAC systems at the Santa Ana Regional Transportation Center for the City of Santa Ana Public Works Agency. B. Contractor submitted a responsive proposal that was selected by the City. Contractor represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-056 and attached as Exhibit A. C. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected fiom a professional contracting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the 1. SCOPE OF SERVICES Contractor shall perform those services as set forth in Exhibit A, and incorporated by reference to this Agreement. Contractor's proposal is also incorporated by reference as though fully set forth herein. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services provided under RFP 17-056, the rates and charges identified in Exhibit B and incorporated by reference to this Agreement. The total sum to be expended under this Agreement shall not exceed $650,,000 for the term of the Agreement. This amount is comprised of (1) the sum of $529,000 and (2) and a contingency amount of up to $121,000 for services as may be performed by the Contractor at the sole discretion of City. b. Payment by City shall be made within forty-five (45) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of Page 1 of 9 Exhibit'l 25L-41 performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on the date first written above and continue through December 31, 2017, unless terminated earlier in accordance with Section 17, below. This Agreement may be extended by a writing executed by the City Manager and City Attorney. 4. PREVAILING WAGES Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects, If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and Harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws, 5. INDEPENDENT CONTRACTOR Contractor shall; during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to _._.. �.._ al�e,Ci toe rese discr�tjo�.srttt� over�puzfesstQat2La�al�er_utmwlaaclt�ractor' _�._ performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible 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 Contractor under this Agreement ("Docurnents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & ,Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documients and Data at any time, provided that any such use not within Page 2 of 9 25L-42 the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Contractor shall maintain conanercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the CITY, its officers, employees, agents, volunteers and representatives as additional insured(s); (b) be primary with respect to insurance or salt -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. ___..... � ...____..ea.e____._-Jc:-----�isrt�r's-Cornperssatiarrirrscrearrce--Inar,�cardarrc�witlrtltalrfot'tria��al�sr��(sr�; ��.�.�. Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less 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 Contractor pursuant to this section: (i) Contractor shall maintain will 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. Page 3 of 9 25L-43 (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect, by Contractor, without thirty (30) days prior written notice to the City. (iv) Contractor shall supply City with a fully executed additional insured endorsement. £ If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Contractor agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, Contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Contractor or its Contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 'I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agrecnrent, 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. 9. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor 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 Contractor to the City pursuant to this Agreement. Page 4 of 9 25L-44 10. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred 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 Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. 11. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and 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 disclos o eitla@t' pai>v.l�yr_s1 iai"v and/or agkof their paid isc¢er�d by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any marmer with performance of services specified Corder this Agreement. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the mariner provided in this Section, to the following persons: Page 5 of 9 25L-45 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-21) P.O. Box 1988 Santa Ana, CA 92702 Fax: 714-647-5635 To Contractor: ACCO Engineered Systems Attn: Mark Lanphere 265 McCormick Avenue Costa Mesa, CA 92626-3308 Fax: 714-352-2227 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, _,_,_, couttication s ral) be effective idcez��ed try be.gitotl tlzC(3)�1ayai it has beta _ . deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, comnnmication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor regarding the subject matter herein, 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 terns 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 Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. Page 6 of 9 25L-46 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. TERMINATION This Agreement maybe terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliyeit Ire Cit _.all_er�oduct completed as ofm Such Bal d strck�_ such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION Contractor shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or in connection with any activities under this Agreement. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be Page 7 of 9 25L-47 determined and governed by the laws of the State of California. Both parties farther agree that Orange County, California, shall be the venue for any action or proceeding that maybe brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, pernnits, 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. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written AT'T'EST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney Jo n M, Funk Assistant City Attorney CITY OF SANTA ANA CYNTHIA J. KURTZ Interim City Manager ACCO ENGINEERED SYSTEMS Name: Title: --signatures continued ore next page -- Page 8 of 9 25L-48 RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director Public Works Agency Page 9 of 9 25L-49 Exhibit A - Contractor Agreement SARTC - HVAC Replacement Appendix ATTACHMENT 1 SCOPE OF WORK CITY OF SANTA ANA RE, QUEST FOR PROPOSALS FOR HVAC REPLACEMENT AT SARTC RFP NO,: 17-056 Introduction rind Backerotmd: SANTA ANA REGIONAL TRANSPORTATION CENTER The Santa Ana Regional Transportation Center (SARTC) is located at 1000 Lust Santa Ana Boulevard, Santa Ana, CA 92701, The facility covers 6.75 acres and contains a 47,000 -square= foot terminal, two surface parking lots with a total of 282 spaces, and one four-story parking structure with 423 spaces. A. three-story pedestrian bridge takes travelers to the east train platforin, A second pedestrian bridge connects the parking structure to the main facility. The terminal building is open from 5:00 AM to midnight daily, The parking structure is open to the public from 4:00 AM to midnight daily. The SARTC terminal building contains approximately 35,000 square feet of rental space, plus a five -story theme tower that includes small meetingloonferonce rooms on the Orr' and 5'1' floors. Tenants include Amtrak, Greyhound Lilies, 'fres Lstrellas do Oro, County of Orange Social Services Program, State of C alifornia EDD, the City of Santa Ana Work Center, and gift shop, Description of Work: First floor HVAC scope of work SARTC fan coil replacement job with controls option upgrades Units to be replaced: # 2,3,4,5,6,7,8,9,10,11,12,14, and 19 Fan Coil Unit Replacement—Base Caption • Contractors shall confirm unit identification information on ran coil schedule to the actual fan coil unit to insure the correct size Lunt is installed • New fan coil units will have direct drive fan systems with ECM motors • New fan coil units will come equipped with a new controller that has enough points to satisfy 2016 Title 24, section 120,2 j, and allow for additional future controls strategies, such as VAV to zonas where feasible. • Install secondary stainless steel drain pans under fan coil units, condensate drains for secondary pans and fan coil units iuoludiug safety switch in secondary pan • Install new zone controls (DDC) for heating and cooling valves including new thermostats that are Title 24 compliant, and Auto -Demand Response control enabled, see Auto -DR section below. City of Santa Ana RFP 17-058 Page Al -1 25L-50 • Install new DDC control valves for hot water (3 -way valves) coils and chilled water (2 - way valves) coils to be integrated into existing control system • Install new chilled water and hot water strut off ball valves (full port) to each unit • Install new hot water and chilled water piping to coils as needed from new isolation full port ball valves including petes plugs on supply and return lines aid hose bib on supply piping at coil Reconnect electrical as per code • Reinstall ductwork and replace if required, provide cfiet sealing where required by Title 241.1 • Install water balancing valves on chilled water and trot water at each fan coil • Certified water balance each fan coil and supply the City of Santa Ana with report • Certified air report to confirm the design CPM at fan coil units per fan coil schedule on prints and supply the City of Santa Ana with report • Supply the City of Santa Ana with all submittal information • All work to be permitted per city code and inspections scheduled by contractor • Label new units aid thermostats with plastic tags • provide diagram showing association of thermostat to Can coil units • Supply the City of Santa Ana with drawings (reel line or architectural draft) • This applies to units: 2, 3, 4, 5, 6, 7, A, 10 and I I. The contractor will have one line item price to remove these units and install new units in preferred locations (see prints) and one tine item price to abandon the old units in place and install new units in preferred locations • If the units that are relocated need penetrations through fire wall the penetrations will need to be properly seated with fire caulking per code. If duct penetrations are needed • Compliance with buy American act • Contractor is responsible for all engineering costs • DIR and prevailing wage required • Contractor will provide copies of all applicable licenses along with submitted proposals, including the following at a minimum: a. C-20 - HVAC Contractor License b. C-7 - Low Voltage Systems Contractor License e. C-10 - LIectrical Contractor License L\rrto-Demand Response (DR) Thermostats -. Pricing to be nrovidcd by Contractor as Opt" ion A Contractor is to provide this pricing as incremental cost, lin other words, the cost beyond Base Option. The new thermostats (one per fan coil) shall be capable of connecting to the network to be able to receive auntomated demand rosponso (Auto -DR) signals from the utility provider, Southern California Mison (SCE) during specific periods as determined by the utility, provider. City of Santa Ana RFP 17-066 Page Al -2 25L-51 Discuss with the City to provide raid document detailed information regarding thermostat locations, connections, wiring, conduit runs, Ethernet switches, power sources, and all other related parameters before beginning the work, Ensure that proposed thermostat "integrated packages" shall have technical specifications including, but not limited to: o Compatible electrical parameters in terms of voltage, amperage etc, for connection to existing HVAC systems/power sources, o Thermostats/Controllers must be able to communicate through current ADR/OpenADR .messaging protocol for receiving Automated Demand Response (ADR) signal from the utility provider, a During the Anto-DR event, the controller shall be capable of resetting the thermostat coaling set point to S degrees F higher than the occupied cooling set point. o Thermostats sball be preferably baud wired finless approved by the City, o Refer to the below list of preferred manufacturers for "Smart" Thermostat packages .far Auto -DR Implementation: • RCS Technology • Honeywell ■ Siemens (preferred) • Or Approved Equal • Make sure that all the thermostats ane connected to the internet and communicating for receiving denand response signals, perform test to ensure functionality, yariable Air Volume (_VAV)Control — Pricing to be provided by Contractor as Option B Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option, The new fan coil units should be `!Trane model, IIFCE or HCFD, with BCM fan motors and multi -fan speed controls, The contractor shall programa the EMS and new fan coil units to reduce fan speed to low when zone space set point is satisfied. Vagi le Chilled water Pumping Control — Pricing to be provided by Contractor as Option C Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option. • Install a new variable speed drive to control the existing chilled water pump motor, • The VSD will be controlled by a new differential pressure sensor installed on the existing chilled water loop and modulate the motor to maintain the desired differential pressure set point. • The VSD shall be wall mounted in an easily accessible and safe area, • The new equipment shrill be commissioned to ensure no reduction in service level, City of Santa Ana RFP 17-056 Paye AW 25L-52 The existing Siemens EMS control points for all equipment relevant to this project shall be maintained and verified when construction is completed. A new oil/off status control point(s) shall be incorporated into the existing Siemens EMS for the new VFD control. • Additional Siemens control points are to be determined by the City. Now Controls System — Pricing to be provided by Contractor as Option D Contractor is to provide this pricing as incremental cost, In other words, the cost beyond Base Option. • The Contractor is to provide equipment that is compatible with DDC Siemens management system (Insight or newer) • Replace the fan coil controllers on remaining (20) units with new DDC controllers that were not covered in the Base Option. The quantity of (20) remaining £air coils is to be verified by the Contractor • The Contractor will famish new DDC chilled water valves and DDC beating hot water controls valves for remaining (20) fan coil units that were not covered in the Base Option. • The Contractor will ilirnish new DDC zone temperature sensors for units • The Contractor will upgrade the existing Siemens controller (or provide new, as needed) and upgrade graphics and programming, as needed • Contractor to provide water balancing report to City • System startup and commissioning • The new controls system will integrate All HVAC building systems, including all fan coil Additional (2 ran Coil Replacement — Priciu > to be orovidecl by Contractor as Option E Contractor is to provide this pricing as incremental cost. In other words, the cost beyond Base Option. Contractor to replace (2) additional fan coil units, 116 and #18 which serve suite 103. These additional (2) fan coil units are to be installed in accordance to all scope items for the fail coils identified in the Base Option. City of Santa Flna RFP 47-056 Page At -4 25L-53 Exhibit B - Contractor Agreement Regarding: SARTC — HVAC Replacement project RFP NO: 17-056 Fee Proposal. Base Bid, replacement of fan coil units # 2,3;4,5,6,7,8,9,10,11,12,14, and 19. See "Proposed Scope of Service" page for detailed scope included in the base bid. Cost to abandon in place units 2,3,4,5,6,7,8,10,11, & 12 and relocate new fan coil units to preferred location $184.740.00, Cost to demo and remove units 2,3,4,5,6,7,8,10,11, & '12 and relocate new fan coil until to preferred location '5192.540.00, Option A: Auto Demand response (DR) Thermostat integration package — The cost beyond the base bid to provide and install new Siemens thermostats (one per fan coil) capable of connection to the network to be able to receive automated demand response commands. Make sure that all new thermostats are connected to the Internet and communicating demand response signals. Perform function test. (13 thermostats) 4,690.00 Option B: Cost beyond the base bid to provide Trans fan coil units with ECM fan motors and multi speed fan controls. Program the EMS and new fan coil units to reduce the fan speed to low when zone space set points are satisfied. (13) units $ 4,550.00. Option C: Beyond the base bird, the price to provide variable chilled water pumping control. two (2) out door rated ABB variable frequency drives with by-pass. Establish set points and flow control for chilled water. Commission new drives and integrate with the existing Siemens EMS control system. $24.390.00. Option D: Cost beyond base bid to replace (20) remaining fan coil units. New fan coil units installed include new control valves for chilled and hot water. Integrate new units into the Siemens DDC building management system. Upgrade the existing Siemens controller, programming and graphics, Provide for water balance on newly installed equipment. $ 285.000.00. Option E: Cost beyond the base bid to replace two (2) additional fan coil units, #16 and #18 serving suite 103. These units will be installed in accordance to the scope requirements for the fan coils replaced in the Base bid option. 18 000.00 All option pricing is in addition to the acceptance of the base bid option. 1 Wh:ter , ,r, 11'1.111 � ra;mw,�d w�r 25L-54 SARTC - HVAC Replacement I ( inn ineered syglenls June 8, 2017 City of Santa Ana, Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Regarding: SARTC — HVAC Replacement project RFP NO: 17-056 Fee Proposal. Base Bid, replacement of fan coil units # 2,3;4,5,6,7,8,9,10,11,12,14, and 19. See "Proposed Scope of Service" page for detailed scope included in the base bid. Cost to abandon in place units 2,3,4,5,6,7,8,10,11, & 12 and relocate new fan coil units to preferred location $184.740.00, Cost to demo and remove units 2,3,4,5,6,7,8,10,11, & '12 and relocate new fan coil until to preferred location '5192.540.00, Option A: Auto Demand response (DR) Thermostat integration package — The cost beyond the base bid to provide and install new Siemens thermostats (one per fan coil) capable of connection to the network to be able to receive automated demand response commands. Make sure that all new thermostats are connected to the Internet and communicating demand response signals. Perform function test. (13 thermostats) 4,690.00 Option B: Cost beyond the base bid to provide Trans fan coil units with ECM fan motors and multi speed fan controls. Program the EMS and new fan coil units to reduce the fan speed to low when zone space set points are satisfied. (13) units $ 4,550.00. Option C: Beyond the base bird, the price to provide variable chilled water pumping control. two (2) out door rated ABB variable frequency drives with by-pass. Establish set points and flow control for chilled water. Commission new drives and integrate with the existing Siemens EMS control system. $24.390.00. Option D: Cost beyond base bid to replace (20) remaining fan coil units. New fan coil units installed include new control valves for chilled and hot water. Integrate new units into the Siemens DDC building management system. Upgrade the existing Siemens controller, programming and graphics, Provide for water balance on newly installed equipment. $ 285.000.00. Option E: Cost beyond the base bid to replace two (2) additional fan coil units, #16 and #18 serving suite 103. These units will be installed in accordance to the scope requirements for the fan coils replaced in the Base bid option. 18 000.00 All option pricing is in addition to the acceptance of the base bid option. 1 Wh:ter , ,r, 11'1.111 � ra;mw,�d w�r 25L-54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: DONATION AGREEMENT WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS (STRATEGIC PLAN NO. 5, 4) CITYMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED "E] -As Recommended ❑ As Amended ❑ Ordinance on1� Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements with various organizations in support of their community events and programs, subject to nonsubstantive changes approved by the City Manager and the City Attorney, as follows: 1. Segerstrom High School Football Booster Club Inc. to support the Jaguar Prawl 5K event at Segerstrom High School, in the amount of $500 (Councilmember Benavides); 2. Orange County Burrito Project, as fiscal sponsors for Downtown Inc., to support the Hack for Health event, in the amount of $1,000 (Mayor Pro Tem Martinez); 3. Charitable Ventures Orange County Inc., as fiscal sponsor for Project Kinship, to support on-going the transitional age youth leadership summit, in the amount of $1,000 (Councilmember Sarmiento); 4. Community Partners, as fiscal sponsors for Media Arts Santa Ana, to support a youth cinema program, in the amount of $1,000 (Councilmember Sarmiento); 5. Delhi Center to support the summer day camp program, in the amount of $1,000 (Councilmember Sarmiento); 6. Madison Park Neighborhood Association to support the Aspire, Learn, Mentor, Achieve Science Academy at Madison Elementary School, in the amount of $500 (Councilmember Sarmiento); 7. Mariners Church Lighthouse Community Centers, as fiscal sponsor for Cornerstone Village Neighborhood Association, to support the annual community fair, in the amount of $1,000 (Councilmember Sarmiento); 29A-1 Donation Agreement with Various Organizations to Support Community Events and Programs June 20, 2017 Page 2 8. Orange County Community Foundation, as fiscal sponsor for the Santa Ana Police Athletic & Activity League, in support of on-going youth educational and athletic program, in the amount of $500 (Councilmember Sarmiento); 9. Orange County Children's Therapeutic Arts Center in support of the youth arts enrichment program, in the amount of $500 (Councilmember Sarmiento); 10. Santa Ana Unidos Boxing Club to support on-going youth athletic programming, in the amount of $1,0000 (Councilmember Sarmiento); 11. Santa Ana Senior Center Advisory Board to support the Santa Ana Senior Center on-going programs for the elderly, in the amount of $550 in city service credit (Councilmember Sarmiento); 12.Achievement Institute of Scientific Studies to support the INSPIRES program that provides Santa Ana students with STEM activities, workshops, and introductions to businesses within that field, in the amount of $1,200 (Councilmember Solorio); 13. Blackbook Sessions Inc., as fiscal sponsor for the Santa Ana Community Artist Coalition, to support on-going restorative art programs, in the amount of amount of $1,500 (Councilmember Solorio); 14. Charitable Ventures of Orange County Inc., as fiscal sponsor for Riverview West Neighborhood Association, in support of the community movie night event at Rosita Park, in the amount of $500 (Councilmember Solorio); 15. Santa Ana Athletic Foundation, as fiscal sponsor for the Elizabeth G. Macias Legal Studies Academy at Santa Ana High School, which promotes education in in the area of law, in the amount of $500 (Councilmember Solorio); 16.Santa Ana Pony Baseball Inc. to support on-going youth athletic program and annual event, in the amount of $2,000 (Councilmember Tinajero); 17. Charitable Ventures of Orange County Inc., as fiscal sponsor for Saint Peter Evangelical Lutheran Church, in support of the Willard Neighborhood clean-up initiative, in the amount of $500 (Councilmember Villegas); 18. Orange County Community Foundation, as fiscal sponsor for the Santa Ana Police Athletic & Activity League, in support of on-going youth education and athletic program, in the amount of $500 (Councilmember Villegas). 29A-2 Donation Agreement with Various Organizations to Support Community Events and Programs June 20, 2017 Page 3 DISCUSSION On August 4, 2015, City Council adopted Resolution 2015-042, establishing a City Special Event Sponsorship Policy and Guidelines for Disbursement of Discretionary Funds. This resolution and policy outlines the eligibility criteria for neighborhood associations and eligible non-profit entities for consideration of City Council sponsorship. In accordance with this policy, each Councilmember is allowed to appropriate up to $10,000 per fiscal year to support eligible organizations, including neighborhood associations and non-profit organizations. Eligible organizations that are not tax exempt under section 501(c)3 of the Internal Revenue Code are eligible for in-kind funding for City Services. The donation agreements listed above are in response to the Donation Requests (Exhibits 1-18) submitted by various community organizations or neighborhood associations to the specific Councilmembers, seeking sponsorship for community events and/or programs. The Councilmembers, respectively, reviewed and agreed to sponsoring the programs or events through the Special Event Sponsorship funds. Upon approval by City Council, the respective donation agreements (Exhibit 19) will be executed. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT Funds to support the City Council Sponsorship Policy are available in the Fiscal Year 2016-17 General Non -Departmental account (01105015-62300) as appropriate from each of the following Councilmember's appropriated amounts for Fiscal Year 2016-17: Councilmember Benavides $ 500.00 Councilmember Sarmiento $ 7,050.00 Councilmember Solorio $ 3,700.00 Councilmember Tinajero $ 2,000.00 Councilmember Villegas $ 1,000.00 29A-3 Donation Agreement with Various Organizations to Support Community Events and Programs June 20, 2017 Page 4 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director` Finance and Management Services Agency EXHIBITS: 1-18. Donation Request Forms 19. Standard Donation Agreement 29A-4 City Manager's Office- M-31 City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 (9) Santa Ana, CA 92702 (714) 647-5200 �Contact Information iN m : Nick Canzone gide: Athletie Director ddress: 2301 W. MacArthur Blvd. ICfty, state, Zip: (Santa Ana Phone: 714-241-5015 Emau: nick.canzone@sausd.us IFax: ---[714-241-5099 !Organization Inform ation Nemo: Segerstrom High School (Fiscal Sponsor: Segerstrom HS Football Booster Club Inc.) Tax-Exempt Status: Is your organization a non-profit or public tax-exempt organization aselect One: a Yes ❑ No defined under Section 501(c)(3) of the Internal Revenue Code? Is If No, you will only qualify for a credit for City-relaled costs for your request (i.e. permit fees, �' staff rental rates for facilities orequipment, If Yes, ere.q Costs forCityse services vary and If I_ �95 G`pproved, 0028.23 provetime, credit may ormay not cover full cost ofrequesfed City services. �ax lD#: cost 509 Donation Request City Services Cretlit Date Needed: MayodCouncilmember: Benavides ,Amount Requested: ' Direct Payment Amount 5Ja� 06 Event Da et 5I27I17— Event Time: I2iAM Requested: I IIIIiiiEvent Location: Segerstrom High School - Jaguar Prowl 5K Address, City, State, Zip 2301 W. MacArthur Blvd. Santa Ana, CA 92704 2nd Annual Jaguar Prowl 5K - This is a fundraiser for the Segerstrom High Description of School Athletics programs. Please visit our website at www.jaguarprowl5k.com. Event / Purpose: Promotes healthy lifestyles and local small businesses will be involved giving away items and Community Benefit: promoting their business. Supports the Athletic programs at Segerstrom High School, money will go to purfh4 equipment, supplies, team meals, and other items as needed. Applicant Signature: i �Dats..1 i1� I I 4(t completed w€ Mail: City Manager's Office-M-31 Email: donationrequest@santa-ana.org—� 20 Civic Center Plaza Fax: (714) 647.6954 P.O Box 1988 Santa Ana, CA 92702 Donation Request#: DR- Council Meeting Date: 06/20/17 '.. i Reference it ai alt mG,aed bPV+ _ _ _ _ ...- .-_. Eligibility diet YES/No YES Approved Amount: $500 City Manager Signature: 1 Date: --., qqgviTg Revised 01/05/2017 City of Santa Ana Donation Request City Manager's Ofrice - 431 20 Civic Center Plaza P.O. Box 1988 Santa Aria, CA 92702 (714) 647.5200 - Name: Charitable Ventures of Orange County/Project Kinship I Tex -Exempt status: Is your o r ganizati o n a non profit or p , u , b , ]!a , tax-exempt , , , o - rg - E , mi - zati - on - as Iect one-,- earned under Section 501(c)(3) of the Internal Revenue Code? i Yes No If No, you will only qualify for a credil for City -related costs far yourrequest (i.e. permit fees, ------- . .... . - Wait time, rental far facilities orequipment, etc).Coste for City very and iiP '120-8756660 !aPproved, credit may or may not cover full cost of requested City services, (rax ID OP. !City Services Credit mount Requested: i$ Date Needed: !June 2017 ImayorlCounclimember. 1 Sarmiento Direct Payment Amount Requested: 00 $ i 1000. lEvent Date: On -Going !Event Time,. On-going , I Event Location: 1 535 East!7thStreet103 'Santa Ana, CA 92705 ;Address, W State, OP ransit—A'A'_t we iona geY(outhLeai-d(ersh'ip'SummitsuiiiffiiI i 411ante na youth r gatOh- !Descriplion of !between the ages of 17-24 to participate in training and community outreach, 'Event I Purpose: Topics will include restorative practices, community service, leadership and youth 'Community Benefit: Jencourage and engage youth in community service while fostering pro -social activities, Applicant Signature: i Mail: City Managers Oltice - M-31 JEmat: donationmquest@santa-ano.org 20 CIVIC Center Plaza Fix: (714) 647984 P.O. Box 1988 Santa Ana, CA 92702 Drmr4flan Requwt A DP Council PAROing Date: JUNE 20, 2017 01giWity Met: YES i NO YES Approved Amount: $1,000 Revised 01/05=017 OHAIT 3 2 -6 DocuSign Envelope ID: F9D83648-635F-47C1-AOC6-CC3370BEF8EA City of Santa Ana Donation Request Name: Mamie Funahashi �itle: Address: 1000 N. Alameda Street, Suite 240 city, State, zip: Los Angeles, CA 90012 (Phone: Email: mfunahashi@CommunityPartners.org Fax: City Manager's Office — M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Name: ommunity Partners for MASA (Media Arts Santa Ana) ($ (Date Needed: (6/28/17 Sarmiento Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One: defined under Section 501(c)(3) of the Internal Revenue Code? � Z Yes ❑ No If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, $ 1,00 (Event Date: 6/28/17 Event Time: i 7 weeks staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if If Yes,g 4302067 approved, credit may or may not cover full cost of requested City services. Tax ID #: Delhi Community Center, 505 E Central Ave, Santa Ana, CA 92707 (city Services Credit ($ (Date Needed: (6/28/17 Sarmiento (Amount Requested: IMayorlCouncilmember: Direct Payment Amount Requested: $ 1,00 (Event Date: 6/28/17 Event Time: i 7 weeks Applicant.Signature: Event Location. Delhi Community Center, 505 E Central Ave, Santa Ana, CA 92707 Address, City, State, Zip —0FX813C0842F468... We are requesting funds to support the 2017 MASA Youth Cinema Camp and to offer free instruction to Santa Ana youth in digital Description of media production and skills that promote creativity, leadership, civic engagement, career skills and community expression. The program Event/ Purpose: will take place from June 26 -Aug 11, 2017 and will include a free community screening of youth -produced works. MASA is a fiscally -sponsored project of Community Partners, a 501(c)(3) non-profit organization. This program will provide free summer media -making instruction, programming and access to Santa Ana youth ages 11-17 by award-winning Community Benefit: artists and media -makers. The MASA Cinema Camp will provide critical digital literacy and production skills that will enable participants to create their own community stories, inspire artistic production and the use of technology, promote equity, provide marketable career skills and also increase the capacity of the community to defend itself by documenting abuses and attacks from anti -immigrant groups. Applicant.Signature: Dacus igned by. ` - �4l uutL Y s10605-1-7 IDate: i 0605_ 7 ' —_ —0FX813C0842F468... Mail: City Manager's Office—M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Email: donationrequest@santa-ana.org Fax: (714) 647-6954 I Donation Request #: I DR- Rete, ence V on ali retatexi Dpvs Council Meeting Date: Eligibility Met: I i YES / N0 YES � Approved Amount: 1 JUNE 20, 2017 $1,000 I City Manager Signature: Date: EXHIBIT 4 Revised 01/05/2017 City of Santa Ana ° Donation Request �iNamo: Jenny Rios _. ....... l Acidraes; 505 E. Central Ave. ;city, state, zip: I Santa Ana,CA 82707 �Emau: ijennyrios@delhlcenter.org _ Narna: Delhi Center City Manager's Office — M41 20 Civic Center Plaza P.O. Box 1900 Santa Ana, CA 92702 (714) 647.5200 �ftde: CEO jP ho ne: 1714-481-9601 Fax: 714-481-9698 ._ ... __.. _. .._ _ __.. _. . e I _ __.. Exempt Status: is your argenizailon a non•pro6t or public tax•exempi organization as elect One: ' Id under Seollon 661(c)(3) of the Internal Revenue Code? 1 ® yes ❑ No You will only quality for a credit for Ci related costs for our request l e. permit fees,-��''r`r (—'�ryry— Y yq h'- Y ic L n X952620952 Ime, rental rates for facilities orequipment etc.).Costs for City services vary and N wed, credit may or may not cover full cast of requested City services, ax ID #; CServideacratit tuntRequested: I �(6 fDale Needed: I Fax: (714) 647.6964 (Mayor/Councilmember: •`J (�Y115'1l�Vl)i-c) Direct Payment Amount Requested. I$ ®QQ ' (Event Date: I11 (.lune 26-30 2� (Evont Time: I M -F 7:30 el1'i - 5:30 p111 + Event Location: Delhi Center 505 E, Central Ave. Santa Ana CA 92707 (Address, City, Stara, Zip ISummar I Day Camp: Funds will cover the cost of one week of Summer Day Camp offering challenging enrichment and cultural {Description of an lessons for children ages 6.15 including classes in singing, acting, musical theater, hip hop, breakdance, popping, ballet I Event I purpose: t,Ikiorico. and art, and preparation for an end-of�summer extravaganza, which will Include a musical theater rendition of a � popular movie, an art gallery, a math and science fair, and a video presentation. (lura' Summer Day Camp will enrich the Santa Ana community by engaging young people in the arts and STEM activihea by providing them Vill a Community Benefit: variety of classes to give them maximum exposure to math and science as well as to different visual and performing artistic genres to help them develop a longterm passlon and commitment to the ane and to math and science. The project will also serve as a vehicle to celebrate I�mmenily. an Share le accomplishments of the students with their families and the co Applicant Signature: ` 4 n..w ;Date: i� �r���41ITr Mail: City Manager's off- lcu—M•31 (Email: donatimlroquaat(Qeanta-ano.org 20 Civic Center Plaza I Fax: (714) 647.6964 Ro, Dox 1906 I Santa Ana, CA 92702 i cE l Donation requom DR - 6FaJoeenA�l'on ea ralataR Dr'J• :oufi AeflYgDate, 2-0-3_ Eiiginilly Vat; TC51 _l \\�"l% ApP ntluti imwnll � Cily 0.lanagsr sig,wtum (lura' Revised 0110512017 2 AT8 •City of Santa AnaDonationRequest Jose J. Rea Address: 616E Occidental City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647-9200 Executive Director (volunteer) 714-367-6697 -- _-_ _—_— _._. __._- l Tax -Exempt Status: Is your organization anon -profit or public tax-exempt organization as !Select One ,defined under Section 501(c)(3) of the Internal Revenue Code? Yes No If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, - --------------' -'-" !staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if Iif Yes, � approved credit may or may not cover full cast of requested City services. tiTax ID #: 80-0201690 City Services Credit i ykmount Requested: �S Date Needed: _.._______ ....____.__ ...___.___._ _.._ !Direct Payment Amount !$500 Q� �EvenY pate ,Requested. ! , Ev�nttooatson I ALMA Science Academy Address, City, state, Zip ;James Madison Elementary, Time: 1124 E. Hobart St., Santa Ana, CA 92707 IALMA: Aspire, Learn, Mentor & Achieve Science Academy Description of I Youth academic enrichment and parental/resident engagement - offered during school year as ':EvenYlPurpas®, 1well as during the summer. Promote science careers, strong academics and higher education among neighborhood as well Community Benefit: !as parental engagement, civic participation and community building. I ' r 'Applicant Signatures: -- Mall: City Manager's Office- M31 Emall: donationrequest@santaana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1966 Santa Ana, CA 62702 Revised 01/06/2017 City of Santa Ana Donation Request iName: CGloria Bashara �ddrasr. 5001 Newport Coast Drive City Manager's Office - M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 of LCC City, State, zip. I Irvine, CA -8410 Email: fgbaihara6WrTr�erschu-rch-.o—rg-- Fax: n Name, Mariners Church Lighthouse Community Centers / cORNERSTONE VILLAGE NEIGHBORHOOD nPtStRtUS: IS your organization a non-profitoi—pu-b�le—tax-eXempt—o-rga—niza—tio-n —as ider Section 601(c)(3) Of the Internal Revenue Code? elect One: ✓ Yes ®Na t will only quality far a credit for City -related costs for your raque3t # 0 permit fees, r -- — [ — rental fates libri8cillitIrs Or equipment efc) Costs for City servkOs very andif f yes, f 195241990 credit may or may not coverial cost of requested City services, ax 10 if: -4 'City Services credit Amount Requested: —S 1 000 �Dafif Needed: TVMayor/Counclimaimbar: 3 Sarmiento IDIroct Payment Amount [ ,Requested: :—jSpring 2017 lEvent'Thmix. 0:00-1:00 Fevents vant atlo"j, 010 S. Minnie Street, Santa Ana, CA Addlrr!`O,C��y, Stiqe, ZjP �1' Description of The Cornerstone Village Block Party is a community event hosted in partnership with local Event I Purpose: organizations and residents of the Cornerstone Village Neighborhood to celebrate the progress and restoration of the community, 1commurifty-an"arit: This event promotes community livability, engagement, and community pride. Applicant Signature: &VA ( 00 �Shn 166/ Iiii7 Limm".rm"", rMall: City Manager's office—M-31 Smalk do"mIOnrQquQSt@%ama-anaorg 20 Civic Center Plaza Fax: (714) $47-6964 P.O. Box 1988 Santa Ana, CA 92702 I Donation Request c OR- -- I Council Meeting Date; JUNE 20, 2017 1 Eligibility met: YES I NO YES Approved Amount $$1,000 City Manager Signaturs: Date! Revised 01105/2017 City Manager's Office- M31 cltr) City of Santa Ana 20 Civic Center Plaza Donation Request Santa P.O. n , ca e27oz (714) 047-5200 M e q a a $000 Date Needed: JUNE 2017 "Mayor/councnmember. Sarmiento Name: Ot2ANGE COUNTY COMMUNITY FOUNDATION (for SAPAAL) Tax -Exempt Status: Is your organizatlon a non-profit or public tax-exempt organization as ,defined under Section 501(c)(3) of the Interval Revenue Code? selectone: � YJ Yes ❑ No If No, you will only qualify for a credit for Ciry-related costs for your request ii. e. permit fees, 'If Yes, staff time, rental miss for facilities or equipment, etc.). Costs for City services vary and if �i 7 Q �? Q 3 33-0378778 Q approved, credit may or may not cover full cost of requested City services. Tax ID #: J _O J 18 / v city services credit ;Amount Requested: $000 Date Needed: JUNE 2017 "Mayor/councnmember. Sarmiento :Direct e uestod ®fit Amount __.. .. (y 500.00 'Event Date: ;CONTINUOUS Event Time: :CONTINUOUS; q ''.Event Location 12627 W. MCFADDEN AVE., SANTA ANA, CA 92704 Address, Clty, State, Zip Supplemental Santa Ana Police Athletic & Activity League program service Description of EventlPurpose: delivery. (SAPAAL) Direct service delivery of school, art, and program project supplies to Community Benefit approximately 200 at -risk Santa Ana youth. Applicant Signature; ..�..-� Moate: -6/5/2017 Mail: City Manager's Office -M-31 'Email: donationrequestssamaana.org 20 Civic Center Plaza "I Fax: (714) 047-0954 P.O. Box 1988 Santa Ana, CA 92702 Dovt flkm Reqwst DR,. c., it„etingf4_r< JUNE 20, 2017 F imp , tp M"L Y11 --S i N1C YES r4idq., .eQ,n'rso,tnt $5500 . laY t( ti Cr ll}t'£Lff9- Dal, Revised 11/18/2015 29-A111 City ®f Santa Ana City Manager's Office - M-31 20 Civic Center Plaza Donation Request (9) P.O. Box 1988 Santa Ana, CA 92702 (714) 647-5200 Contact Name: ( Dr. Ana Jimenez-HamiTitle: [Executive Director Aadress: 2215 North Broadway Icity, state, zip: Santa AnaPhone: ( 714-296-2191 rEmali: Kana@occtac.org Pax: (714-564 9690 rName: ---[Orange County Children-'s Therapeutic Arts Center Tax-Exempt Status: Is your organization a non-profit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? Select One: Fv/1 Yes ❑ No If No, you will only qualify for a credit for City-related costs for your request (i. e. permit fees, If Yes, staff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if 3 3-0 9 303 91 approved, credit may or may not cover full cost of requested City services. ax ID #: ®a — City Services Credit $ Date Needed: 06-09-2017 Mayoricouncilmember: Sarmiento Amount Requested: ;D:mot Payment Amount $ 500_[, ent Date: Requested:06-16-2017 Event Time: �+ 6.00-8.00 ply Event Location: Heritage Museum of Orange County Address, city, state, Zip 310 West Harvard street, Santa Ana CA 92704 The End of the School Year Art Show will showcase selected works from elementary and middle Description of Event I Purpose: school students who participated in the After School Arts enrichment program at OCCTAC and the Arts program taught at SAUSD extended learning program, Engage 360. This free community event and Art Exhibition will feature Art created by students from Santa Ana that learned the works of great Latin American Masters they studied during the year. This is an excellent educational opportunity for Community Benefit: the parents of the students and the community to learn more about these great Latino masters and feel proud of their Cultural Heritage. Also, this event will benefit the community by bringing more awareness of Artistic activities that help youth express their talents and engage in positive life experiences) — Applicant Signature; j DR ANA JIMENEZ-HAMI Date; i6--017 ----- Mall. City Manager's Office- M-31 Email: donationrequest@santa-ana.org [Pax. 20 Civic Center Plaza (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request #: DR;. _, I :• ., ercnce on enret,re,au uw Council Meeting Date: _ _. JUNE 20, 2017 l; Eligibility Met: YES I NO YES Approved Amount: $500 City Manager Signature =' Data: X IBITA A LVP%— 14 "i City of Santa Ana t Donation Request (Name: Johnathan Hernandez Address: 422 E Chestnut Ave. Unit A. City State, zip I Santa Ana Ca 92701 Email: SantanaUnldoS@gmall COm Name: Santa Ana Unidos Boxing Club City Manager's Office — M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 (714) 647.5200 Executive Director and Founder 714.815.1099 Status: Is your organization a non-proft or public tax-exempt organization as Select One: Section 501(c)(3) of the Internal Revenue Code? W Yes El No If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, f — —_---- ltaff time, rental rates for facilities or equipment, etc.). Costs for City services vary and if If Yes, 47-5211563 approved, credit may or may not cover full cost of requested City services. Tax ID #: City Services Credit Amount Requested: Is (Date Needed: (Asap (Mayor/Councilmember. (Sarmiento I Direct Payment Amount 1 Requested: $1,000 lEvent Date: Ongoing IEvent Time: I going Location: 1 3, City, State, Zip 602 E. 4th Street, Santa Ana, CA 92701 PROMOTE INTERVENTION AND PREVENTION SERVICES FOR YOUTH IN SANTA iption of I PurpANA THROUGH THE SANTA ANA BOXING CLUB YOUTH ATHLETIC PROGRAM ose: SUPPORTING ON-GOING YOUTH ATHLETIC PROGRAM AT SANTA ANA BOXING CLUB THAT Community Benefit: PROMOTES HEALTH SAFETY AND POSITIVE COMMUNITY ENGAGEMENT I I Applicant Signature: lJOhnathan Hernandez Date: 106/07/2017 Mail: City Manager's Office—M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Donation Request#: DR-� Rate enae 4 an all elated 0pvs Eligibility Met: YES I NO YE. City Manager Signature: Email: donationrequest@santa-ana.org Fax: (714) 647.6954 City Manager's Office—M-31 City of Santa Ana 20 Civic Center Plaza Donation Request P.O. Box 1988 Santa Ana, CA 92702 (9) (714) 647.6200 (Address: 200 S. Sycamore Street, Apt. 305 (Clty, State, zip: Santa Ana, CA 92701 Phone: Email: [fjharris49@gmail.com Fax: Name: (Santa Ana Senior Center Advisory Board Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as Select One: lefined under Section 501(c)(3) of the Internal Revenue Code? will only qualify for a credit for City -related costs for your request (i.e. permit fees, If Yes, rental rates for facilities or equipment, etc.). Costs for City services vary and if credit may or may not cover full cost of requested City services. ax ID #: (714) 975-3968 ❑ Yes FZ No City Services Credit Amount Requested: I$ 550 Date Needed: 6/15/17 MayorlCouncilmember: Sarmiento Direct Payment Amount $ N/A Event Date: 6/15/17 (Event Time: B:O Dam - 10;30am lRequested: Event Location: ( Santa Ana Senior Center, 424 W 3rd Street, Santa Ana, CA 92701 Address, City, State, Zip i ' On the second Thursday of every month, the Santa Ana Senior Center Advisory Board collaborates to host a rummage Description of 'sale to help raise funds to support activitles and various projects at the Santa Ana Senior Center. Specific to this request, Event / Purpose: the Advisory Board will be raising funds for the Birch Park restroom and fence project. Additional fundraising events include the Snack Sale, which will take place on Thursday, June 15, 2017 from 8:00am to 10:30am. This project will help maintain our public facilities, while ensuring a safe, clean Community Benefit: park for the community to enjoy. (Applicant Signature: I FRANCINE HARRIS Date: 16/8/17 Mail: City Manager's Office—M-31 Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92702 City of Santa Ana Donation Request City Manager's Office — M-31 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92762 (794) 547.5200 e c a Name: Debbie Wells 'Title: - Executive Director Address: ',1621 Bullard Lane -._..._ city, state, zip: , Santa Ana Phone: 7143362061 Email: idewelis(_w-pacbell.net Fax: _... ._... Name: Achievement Institute of Scientific Studies ITax-ExemptStatus: Is your organization a non-profit or public tax-exempt organization as - --- select One: defined under Section 501(c)(3) of the Internal Revenue Code? ❑/ Yes ❑ No Y If No, you will only qualify fora credit for City -related costs for your request (i.e. pannit tees, f Yes, :staff time, rental rates for Facilities or equipment etc.). Costs for City services vary and if '330734877 'approved, credit may ormay not cover full cost ofrequested Cityservices. Tax ID #: i Services Credit ,City jAmount Requested: ��' ate Needed: 106/23/17 MayorlCouncilmember: Solarie Direct Requested: ont Amount Event Data: 06/23/17 Event Time: 8.30-A.M........ $1,200— IEventLocation: '.Address, ',Chapman University, One University Drive, Orange, CA 92866 City, state, zip Chapman INSPIRES 4 -Day Weekend Kick -Off with STEM activities and workshops, joint DesAISS iEventI Purtion of ,Event/ Purpose: business mixer with OC Hispanic Chamber and STEM Panel Dinner! Expose new AISS Class p P of 2019 student scholars to Chapman University, business community and STEM professional, AISS is providing services to youth in Santa Ana for its AISS College to Career Readiness STEM (!Community Benefit: Program. AISS' program will benefit 48 youth in Santa Ana. AISS is 100% successful with guiding '. students in getting into a quality university, with a 99% success rate for college completion. Applicant Signature: Date: 619/17 _.. _... _.. mail: City managers office -M-31 Email: dauationrequost@sama-ana.org 29 Civic Center Plaza Fax: (714) 647.8954 P.O. Box 1988 Santa Ana, CA 92702 '.. Ct. maTou, r)p- YE81iHo YES 29AIT'�5 JUNE 20, 2017 $1,200 Revised 01/0512017 City of Santa Ana Donation Request City Manager's Office— M-31 20 Civic Center Plaza P.O. Box 1988 Santa Apia, CA 92702 (714) 847-5200 .. ........... ... . !:Nama: jAlicia Rojas mtfo: lArlist /Cc -founder Address: 12202 1/2 Main St. ste-200 ;city, State, Zip: ISanta Ana, CA 92706 Emall: �alicitarojas@yahoo.com Phone: 714 907 5468 ,Fax: owanization Information I Name: !Santa Ana Community Artist(a) Coalition (Fiscal Sponsor Blackbook Sessions Non Profit) -TaxExam P- Status: is your organization a non-profit or public tax-exempt organization as it '- Select One: defined under Section 601(c)(3) of the Internal Revenue Code? IFV Yes F] No If No, you will only quality for a credit for City-paltdod costs for your request (i.e. permit less, If Y I lstet/time, rental rates thrlecififiest or equipment, stc).Cosui fe), City services very and if as, opproved, cirditt mayor may not coverfull cost of requested City services. Tax ID #: 126-291 5498 I - ,City ServicesCredit mount Requested: Date Needed; mayorlCounclimember: 18alorlo Direct Payment Amount 1$1500.00 "Event Date: Requested: Event Time: . ..... .. . .. lEvent Location: ';Santa Ana Mural Restorations I Address City. State, Zip The donation would go towards, paint, materials, and artist stipends. 'Description of Event I Purprisa: r ;The mission of the Santa Ana Community Artist(a) Coalition is to connect local artists to their community Benefit: communities in a collaborative process to create aft that transforms public spaces, generates icivic engagement and promotes personal and social change, !Applicant Sfifinatuns; A 160ta tljkoja/� bate: 513 9/17 Mpletedilho— Mail: City Manager's Office—M•31 m-aEmail: donallonrequt@santano.org 20 civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 Donation Request 9: DR - Council Meeting Date: Lo -2,0 --1—+ U01WItty Mot: YES,! NO Amm�nt cily Manager siqnalmor DoW Revised 0110512017 '16 City Manager's Office — M-39 Ana City of Santa 20 Civic Center Plaza 0P.O. Box 1988 ®OYlaffOf9 frBG'Ue5% Santa Ana, CA 92702 (714) 647-5200 o a a Name:arla SandOVal 'Iritle President '..I [Address: 5009 W Sixth St. Gity, state z,p: I Santa Ana, CA 92703 iPhone: (714-791-9274 , Fri 'm1 m sandova1201371@gmail.c0m jPax.� Name: Rivervlew West N,A. (Charitable Ventures OC)I Tax-Exempt Status; Is your organlzation a non-profit or public tax-exempt organization as Select One: defined under Section 501(c)(3) of the Internal Revenue Code? Yes No If No, you will only quality for a credit for Cit -related costs for our request (i.e. permit fees, Y a q fl' Y Y IF Yes, staff time, rental rates for fay not orequipment, fort' services, vary and if �20-8756660 cost approved, credit may or may not cover full cost of requested qty services. ax ID #: KIM= C,ty Services Credit .$500.00 mount Requested: Date Needed., .tune 30 (Mayor/Counciimember: Sotorio Direct PaymentAmount� Requested Is IS Date: JUNE 30 (Event Time: AFTER-BUSK FEvent Locatlon Address, Gity State, Zip [R�ta Park (Newhope and Hazard, Santa Ana, CA. 92703) _ j :, Movie Night in the park for the community. Money will be used for park Description Description of Purpose: - reservation and movie licensing fees. f c°mm°mtyBeneti°` The community and local schools will be invited to attend the Movie Night and enjoy Rosita Park. lic t.Sr nature:.- PP�ar-� r'4ar iw �(e�a S S -k'4 ¢` r mt ,* xN s c?-,.n avr ,g• a a e Mail: City Manager's Office—M-31 Email: donatlonrequest@samo-ana.org 20 Civic Center Plaza Fax: (714) 647.6954 P.O. Box 1988 Santa Ana, CA 92702 01 Donation Request.#: OR -_ Connell Meeting Date: ,JUNE 20, 2017 Reverence # on all.rehted 0PVs - - - T Eilgibllity Met YES I NO YES '- - Approved Amount $500 1 City Manager Signature. - bate: Revised 01/05/2017 29A147 ,'{� Ci/l Of $RflfB A/18. City Manager's Office" -M -7t ,r~.� y 20 Civic Cerirur Plaza Donation Request P o Box rhea " � � Santa Ana. CA 92702 „•., (714)647-5200 ;Name; ;Mona Konstan ;Tale Teachers Address. 1520 W. Walnut St. _ ,City, state, zip; Santa Ana, CA, 92701 'Phone: x(714) 567-4900 Email: jmona.konstan@sausd.us. .Fax: __. -..... ;Name: lEl zabeth G. Macias Legal Studies Academy at Santa Ana High School I 'T '"E Status;is-your organization a non-prori! or public tax-exempt organization as Select One: i ❑ o IdeMed under Section 501(c)(3) of the Internal Revenue Code? Yes No • It No, you will only quality for a credit for City -related costs for your request (re. permit lees, staff time, rental ratesterfacddles or equipment,etc.).Costs rer cilysemices very andit /f Yes, 91-2163665 approved, credit may or may not cover lite cost or requested City services, Tax ID #: "Fiscal Sponsor: Santa AnaAthletic Foundation ';City Services Credit i D Amount Requested! S atO Needed: MayorlCouncilmember. 5 pto ` O Joireot,Payment Amount 's500 Event Date: .06/08/2017 Event Time: ,Requested: 6:00 PM Event Location: f520 W. Walnut St, Santa Ana CA 92701 (Address, City, state, zip p j A banquet celebrating the first year of the Legal Studies academy and the students involved. Description of Awards will be given to the top students and sashes to the graduating seniors. Event l Purpose: I The academy has been named after a judge who grew up in Santa Ana, Elizabeth G. Macias. The academy serves as a 'Community Benefit: runnel to help support students who want to go into the legal profession and provide a direct pathway to college, granting I !special admissions and consideration by. SAC, joined four year colleges, and joined law schools. iAP,PtIp`ant 6lgnaturtr I Date: �i ) ,017 Mail: �iCity Managers Office— M-31 Email: dohationrequest@santa-ana.org 20 Civic Center Plaza ! F -yM1 100 ax. (7 14) 647.6054 P.O. Box lose Banta Ana, CA 92702 ,. battalion Raquoat tl ' DR -- f rNryyv c• c F a i r k t° n I EIIOitS)Ifty Mat YES a Council Meeting Date. C� Approved Amount: " • - fCity Marvager5ignatrao: Da1u. " Revised 0110512017 -yM1 100 City Managor's Office - M-31 el City of Santa Ana 20 Civic Center Plaza r� Donation Request P.O. Box 1988 abZ� Santa Ana, CA 92702 -- (714) 647.5200 [Name ��Cory Nelson Thio: —president — ddraae: 1911 N. Olive Street rcity,State,Zip, [Santa Ana, CA 92703 (Phone: 503-490 2446 Emau: president@santannapony.com Pax: - — � Name: I Santa Ana Pony Baseball 'xempt Status: is your organization a non-profit or public tax-exempt organization as I under Section 501(c)(3) of the Internal Revenue Code? you will only qualify for a credit for City -related costs for your request (le. permit fees, vo, rental rates for facilities or equipment, etc.). Casts for City services vary and If ,ad, credit may or may not cover full cost of requested City services. lot One: 110 Yes ❑ No S, ID ft: 46-1054416 ICity Services Credit [ [ [ [ Amount Requested: $ Date Noodotl: 5/20/2017 Mayor/Councilmember: 7inajero Payment Amount sled: �" � 2000 [Event Date: 15/20/2017 (Evont Time: �__ Location: 1999 W. 19th Street, Santa Ana, CA 92703 :, CttY, Siete, Zlp tion of Purpose: Closing Ceremonies and Family movie night [WinaortvOeombraint v50 families with In Santa Ana will be able to see a movie on the field for free. This is an exiting Community Donofit; ng the everyone together to showcase the sense of community, sportsmanship and overall that suppliedthrough SAPB. ReturmcomjDletedforfri`Jiar7 Mail: City Manager's Office -M-81 Email: donationrequest@santa-ana.org 29 Civic Center Plaza Fax; (714) 647-6954 P.O. Box 1988 Santa Ana, CA 92762 t SSp�r r(dt iIS "`. :€i,RtT+ iF' ''� ?"'°�a 3^+r -,n. ,f ulw YDR xa. v. fi- 3��s•. F _ 'b�rtn, lr ,g �:b j""'q Donation Request#: Rctarcnre a on Ml related upVs - Council Mooting Date. 06/20/20 /2017 Eligibility Met: YES / NO YES Approved Amount: $2,000 City Manager Signature: ...... ..._....... _._. Date: _._..._._.._,_._.._..-�._.....__._._____..._ Revised 01/05/2017 29A649 City Manager's Office - M-31 City of Santa Ana 20 Civic Center Plaza Donation Request P.C. Box 1988 L. Santa Ana, CA 92702 (714) 647.5200 Information 71t1a: Name: 1�.,/i Gl.!L:C 1.1� `�t C jf'Y1`I l✓l l S-��� -..—._.I_.. `....��AP n,�}/._..�.__-._..-._.._�—__ —' Address_ -- -- City, State, Zip: _ S a✓�.E-G, ��,�__-��!__�--�o � I � �� �1�& 1.—__ _._- __ .., _� (..—J._6(t V rt7(i�"�(' 5 Organization Informati. UC— Tax -Exempt Status: Is your organization a non-profit or public tax-exempt organization as defined under Section 501(c)(3) of the Internal Revenue Code? Select Ono: � r—,r{ I N I Yea No L_I If No, you will only qualify for a credit for City -related costs for your request (i.e. permit fees, staff time, rental rates for facilities or equipment, etc).Costs for City services vary and if credit may or may not cover full cost of City ��.� le I' if Y®s, Tax ID N;o-- approved, requested services. !Donation •. City Services Credit AmoOnt Requested: �I�-------- r id Date Needed: "r Ma or/Councilmember. 'BBeBwdee `' t I" s "" ('- Direct Payment Amount Requested: ^ I$ Event Date: (Event Time: Ij CI,YVI •_ `'L -..,(,dry -I U nt Location:ess, FVe --� Clty, 3lalo, Zip CyCtifvt-,�l /l 1,\�l ��J� �i�Z.�yo Dosorlpilon of•t-U,L+ Gkct7, cC..DAAC%o 4r'�7-t�"�-..C>�"� Event/Purpose: V N-rVl7C�c�.+YS 'a-'�-V- `�` Y^) G(?/" C_ y1..JJl��G-1 I Community Benefit: �rt�rv' �7iti Ftp(e �(PQ VLQ,tCJ'_A'�ra.�6 �^ �• �Appticant Signature; -mm I /} - %�� r�',�n - Date5 Maih City Manager's Office-M-31Email: donationrequest@santa-ana.org —� 20 Civic Center Plaza Fax: (714) 647.6954 , P.O, Box 1980 Santa Ana, CA 92702 Donadon Request a DR • r ,tet „, 1-y - r{a natio ll all 5t 4; d0nu _ Council Meeting Dato -- __ _. - `__._ k"Ilglbllity Met YENO Approved Amount �i City Managor Signature: Data: Revised 01/05/2017 City of Santa Ana j" Donation Request City Manager's Office— M-31 20 Civic Center Plata P.O. Box 1988 Santa Ana, CA 92702 (799) 047-5200 t a a Direct Payment Amount ;Requested: Name: . KENNEY AGUILAR Title: POLICE OFFICER/DIRECTOR Address: 2627 W. McFADDEN AVE. !Address, City, State, zip p city, state, zip: SANTA ANA, CA 92704 phone: (714) 647-6591 jEmali: ',KAguilar@santa-ana.org _..... __.., Fax:. (714)..835-2289 , Name: LORANGE COUNTY COMMUNITY FOUNDATION/ SAPAAL defined uncle Status: Is your organization a al Revenue or -public tax-exempt organization as select One., deOned under Section 501(c)(3) of the Internal Revenue Cotle7 �,. � Yes ❑ No If No, you will only qualify for a credit for City-rela led costs for your request 0.e, permit fees, If Yes, staff time, rental rates for facilities or equipment,etc.).Costs for City services very and if 3�.i_/13isi78 approved, credit may or may not cover full cost of requested City services. Tax I6 #: 3J l�•,JJ // Q (( Fiscal Sponsor 'City Services Credit 'Amount Requested: Rp•Do Data Needed: }JUNE 2017 �Mayar/Cnunalimombor: '.Ullegea Direct Payment Amount ;Requested: ,$55®®•00 Event Date: CONTI NUOUi Event Threat CONTINUOUS 'iEvent Locafion: 1'.2627 W. MCFADDEN AVE., SANTA ANA, CA 92704 !Address, City, State, zip p Supplemental Santa Ana Police Athletic & Activity League program service Description of .,;.Event/ Purpose: ;delivery. Direct service delivery of school, art, and program project supplies to community Benefit: :,approximately 200 at -risk Santa Ana youth. .,Applicant Signature: Date: 6/5/201.7 _ 8 0 i ,Mall; City Manager's Office— W21i Email: donationrequest@santa-ana.org 20 Civic Center Plaza Fax: (714) 647-5954 j P.O. Sox %980'. Santa Ana, CA 92702 t ar ,Eornrg' ""' _ cv. -vcmiEm r'� JUNE 20, 2017 ,:,.,ry int o YES „, I a,„c„.,t, $500 Revised 01/0612017 2MAi=21 CITY OF SANTA ANA DONATION AGREEMENT WITH ORGANIZATION OR NEIGHBORHOOD ASSOCIATION 1. PARTIES AND DATE This Donation Agreement ("Agreement") is entered into on JUNE 20, 2017 by and between the City of Santa Ana, a municipal corporation ("City") and ORGANIZATION OR NEIGHBORHOOD ASSOCIATION, a California 501(c)3 NON-PROFIT ORGANIZATION ("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 in PROMOTING, DELIVERING, HOSTING XYZ PROJECT, PROGRAM, EVENT, ETC ("Community Benefit"). 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, by recommendation of COUNCILMEMBER believes there is a public purpose in supporting the Community Benefit because it will THE FOLLOWING ACCESS OR RESOURCES FOR THE COMMUNITY ON SUCH DATE/TIME AND LOCATION. 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 one-time payment of DOLLARS ($000), because the City has determined that there is a public purpose to be served in supporting the Community Benefit. 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 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 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 deternunes 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 EXHIBIT 19 29A-22 CITY OF SANTA ANA DONATION AGREEMENT Page 2 of 3 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 Commrmity 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. 3.7 Authority to Enter Agreement. The person executing below on behalf of Recipient represents and warrants that the Recipient has all requisite power and authority to conduct its business and to execute, deliver and perform this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement bind each respective Party. 7 29A-23 CITY OF SANTA ANA DONATION AGREEMENT Page 3 of 3 go Robert C. Cortez Deputy City Manager City Manager's Office CITY OF SANTA ANA By: David Cavazos City Manager Attest: By: Maria D. Huizar Clerk of the Council Approved as to Form: By: Name of Attorney City Attorney ORGANIZATION OR NEIGHBORHOOD ASSOCIATION a 501(c)3 NON-PROFIT ORGANIZATION By: Signature Name Title 29A-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING CONDITIONAL USE PERMIT NO. 2017-10 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON - PREMISE CONSUMPTION AT DO LUNCH DELI RESTAURANT LOCATED AT 901 WEST CIVIC CENTER DRIVE, UNIT 150 - BRIAN C. DOYLE, APPLICANT (STRATEGIC PLAN NO. 3,2) �c CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ITJ7ti1Wk ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017-10. PLANNING COMMISSION ACTION At its regular meeting on May 22, 2017, by a vote of 7:7 the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017-10 which approved the sale of alcoholic beverages for on -premise consumption at the Do Lunch Deli Restaurant at 901 West Civic Center Drive, Unit 105 located in the Specific Development (SD -20) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION The applicant is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on -premise consumption at an existing eating establishment located at 901 West Civic Center Drive, Unit 150. The proposed alcoholic beverages will be stored on a rack adjacent to a walk-in cooler at the back of the restaurant within the kitchen area and will consist of less than five percent of the floor area. No display area for alcoholic beverages and no construction or expansions of square footage are proposed at this time. Full-sized site plans are available for public viewing in the Clerk of the Council Office. 31A-1 Conditional Use Permit No. 2017-10 — Do Lunch Deli Restaurant at 901 West Civic Center Drive, Unit 150 June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objectives #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Haghani, AICP ?-- Executive Director Planning & Building Agency EM:rb MADiscretionary ProjectsXCUP17-10 Do Lunch Deli.cc Exhibit: A. Planning Commission Staff Report 31A-2 REQUESTF w. O ` MAY 22, 2017 TITLE: PUBLIC HEARING — CONDITIONAL USE PERMIT NO. 2017-10 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT DO LUNCH DELI RESTAURANT LOCATED AT 901 WEST CIVIC CENTER DRIVE, UNIT 150 — BRIAN C. DOYLE, APPLICANT (STRATEGIC PLAN NO. 3, 2) Prepared by Escarlet Mar PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommendeci ❑ As Amended ❑ Set Public Hearing For DENIED Zoning Designation ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Exe� ive Director Planning Man ger Adopt a resolution approving Conditional Use Permit No. 2017-10. Executive Summary Brian C. Doyle, owner of Do Lunch Deli Restaurant, is requesting approval of a conditional use permit (CUP) to allow the sale of alcoholic beverages for on -premise consumption at an existing eating establishment located at 901 West Civic Center Drive, Unit 150. Staff is recommending approval of the applicant's request due to the site's location away from sensitive land uses and the restaurant's history of compliance with the City codes and regulations that require it to operate as a bona -fide eating establishment. Table 1: Project and Location Information item informatibn Project Address 901 West Civic Center Drive, Unit 150 Nearest Intersection Flower Street and Civic Center Drive General Pian Designation Professional & Administrative Office (PAO) Zoning Designation Specific Development No, 20 SD -20 Surrounding Land Uses North Single -Family Residential East Commercial Professional offices South Santa Ana Stadium West Parking Structure Proper I Size 2 acres Existing Site Development The site contains one standalone commercial building and a parking structure Use Permissions Restaurant use is allowed by right; alcohol sales are allowed with approval of a CUP EXHIBIT A 31A-3 Conditional Use Permit No. 2017-10 May 22, 2017 Page 2 (t'Int`' Infarrn tibn zoning Code Sections Affected Uses SD -20, § 3. Operational Standards SAMC § 41-196 (g) Project Description The proposed alcoholic beverages will be stored on a rack adjacent to a walk-in cooler at the back of the restaurant within the kitchen area and will consist of less than five percent of the floor area. No display area for alcoholic beverages and no construction or expansions of square footage are proposed at this time. Table 2: Operational Standards Standards, ;Re uired by,SAMC Provided Eatin Establishment T e Bona -Fide Complies Hours of Operation for ABC Sales 8:00 am to 12:00 am 10:00 am to 8:00 pm Dail Window Displace 25% of Window Coverage Complies Live Entertainment Entertainment Permit No Entertainment Proposed Alcohol Stora eand Display 5% of G.F.A. 0.004 % of G.F.A. Exterior Telephone Prohibited None Project Background The subject site, constructed in 1986, contains a multi -tenant office building and a multilevel parking structure. Do Lunch Deli, which opened at the subject location in 2016, serves sandwiches and is located within close proximity to the Civic Center and the Santa Ana Stadium. In 2015, the restaurant owner began construction to reopen Unit 150 as an eating establishment; a prior eating establishment operated in the same unit between 1992 and 2000. As an ancillary component to its food sales, Do Lunch Deli is proposing to sell beer and wine through a Type 41 Alcoholic Beverage Control (ABC) license, With no tenant improvements or expansion proposed at this time, the restaurant will continue to have a maximum occupancy of 125 patrons. Project Analysis CUP requests are governed by § 41-638 of the Santa Ana Municipal Code (SAMC), CUPS may be granted when it can be shown that the proposed project will not adversely impact the community. If these findings can be made, then it is appropriate to grant the conditional use permit, Conversely, the inability to make these findings would result in a denial. Staff has prepared the following analysis, which in turn forms the basis for the recommendation contained in this report. The purpose of regulating establishments that sell alcoholic beverages is to set forth operating practices and procedures, and to minimize impacts to surrounding areas. Staff has reviewed the applicant's request to obtain the on -sale beer and wine license. Since the proposed alcohol license is intended to provide an added amenity to the restaurant, and the sale of alcoholic 31A-4 Conditional Use Permit No. 2017-10 May 22, 2017 Page 3 beverages will be ancillary to the primary use as an eating establishment, staff recommends approval of the proposed CUP. The proposed sale of alcoholic beverages for on -premise consumption will not be detrimental to the health, safety, and welfare of the community. Do Lunch Deli is an established restaurant business with a history of service to the community and visitors of the City. The existing eating establishment and proposed alcoholic beverage service will enhance the economic viability of the area and create a more attractive dining opportunity for visitors and residents in the community. Moreover, the sale of alcoholic beverages with food will provide a one-stop dining experience for those attending events at the Santa Ana Stadium. The restaurant is located away from sensitive land uses such as residences, schools, and parks, and is in compliance with all applicable regulations and conditions imposed on an established bona fide public eating establishment pursuant to Chapter 41 of the SAMC. Finally, the proposed CUP will be consistent with several goals and policies of the General Plan, Including Goal 2 of the Land Use Element, which encourages land uses that enhance the City's economic and fiscal viability. Do Lunch Deli proposes to provide an additional amenity as part of the restaurant operations by serving alcoholic beverages to guests and residents of the city, Table 3: Police Department Analysis and Criteria for Recommendation Police Department Analysis and Criteria for Recommendation Police Grid No. and Rank Police Grid No. 144; ranked 48 out of 103 Police Re 46'h Reporting Grids ( percentile) Threshold for High This reporting district is below the 20 percent threshold established by the State Crime for high crime Police Department The Police Department contends that the operational standards applicable to on - Recommendation premise ABC licenses will mitigate any potential impacts to the surrounding community and therefore does not oppose the granting of a CUP. The Police Department reviews CUP applications for the sale and service of alcoholic beverages in order to ensure that the potential crime and nuisance behaviors associated with alcohol consumption are mitigated to the greatest extent possible. For on -sale licenses, the Police Department analyzes the crime rate in the area using the standards and definitions contained in the Business and Professions Code § 23948.4(c)(2), which also are utilized by the State Department of Alcoholic Beverage Control. This section defines "reported crimes" as criminal homicide, forcible rape, robbery, aggravated assault; burglary, larceny theft, and motor vehicle theft, combined with all arrests for other crimes, both felonies and misdemeanors, except traffic citations. The Police Department then compares the number of such crimes in the reporting district as compared to the number of crimes in other reporting districts. In keeping with the standard used by the State Department of Alcohol Beverage Control and Business and Professions Code, should the Police Department determine that the reporting district has a 20 percent greater 31A-5 Conditional Use Permit No. 2017-10 May 22, 2017 Page 4 number of reported crimes than the average number found in all reporting districts, the Police Department will consider this information in making its recommendation. Table 4• CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification &'Community Outreach CEQA CEQA Type General Rule 15061 b 3 Reason(s) This exemption applies to projects where It can be seen with certainty that there is Exempt or Analysis no possibility that the activity in question may have a significant effect on the environment. This is an existing eating establishment and no alterations are being proposed at this time. Strategic Plan Alignment Goal(s) and Approval of this item supports the City's efforts to meet Goal #3 (Economic Policy(s) Development) Objective #2 of creating new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies. Public Notification & Communit" Outreach Required Measures A public noticed was posted on the project site on May 12, 2017, Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on May 12, 2017. Newspaper posting was published in the Orange County Reporter on May 12, 2017. The Washington Square Neighborhood Association was contacted by phone 10 Additional Measures days prior to the scheduled public hearing. At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission approve Conditional Use Permit No. 2017-10. Escarlet Mar Planning Technician EM:sb W01scretlonary Projecls=P-2017-10-ABC (Do Lunch Deli) Exhibits: 1, General Vicinity Map 2. Existing Land Use Map 3. Site Photo 4. Site Plan 5. Floor Plan 6. Resolution 31A-6 „'D Li° SEVENTEENTH ST. +u� dl�sr-iR2 p 1�,----_I 1 IrID�55I FIAST 1 - Al CNI lEAMGULTURALI D3 COMMEOALPMODPIAL RI WaEFAMiLYSMOENTAL -B FAKNGMODIACAMN m C OV044MENTCC19M F2 TlAOFAMILYFEEDEJCE GEM O MMEiMALSOMJAAW MY LIGHTINDUMPIAL RE MU0IFLEDENSWMULTFLE C1 OOMMUNITYCCMMEMAL M2 HEAWINDUSMAL FAMILWOCEJCE C1.MD COMM.( bMM9uAVMUWJMDISIRCf MO MIUTWLIPMATIMS FA SJAIIiANAFARTMUNM C2 CENEALOOMMEMAL 0 OPEN MACE PL- FEEiDENTIALESTATE m CE Trb LOJSNE4 P BOWL ED `J'F3]FlGDEYB_CAiutEM GSA CENTPAL8LGNESAM8'MUAGE FCA PLANNED COMMUNITYDLW.OPMENY m GISAFICFLAN CA AANNE)31C NGCENR Rm AANNEDFESDWALDE]H.OFMENT CG ARrMALOCMMEiTAL CUP 2017-10 tC� DO LUNCH DELI ON -SALE ABC 901 WEST CIVIC CENTER DRIVE, UNIT 150 - -=500 FffiFT V=1000 FEE' P— I. A N N I N G A 7-6---B U I —L--Y—T- N G ----A » A G E N G Y _ VICINITY MAP EXHIBIT 1 31A-7 CUP 2017-10 DO LUNCH DELI ON -SALE ABC ` 901 WEST CIVIC CENTER DRIVE, UNIT 150 P L A N N I N G A N D 8 U L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 E- w > - w Lu W n w W J v w - Z W LD a } z a - w- P 0 F E 5 StCNAL � d � � a J J N W w w a 0 r F' J i P v) PE C DE EL PMENT � CIVIC CENTER DRIVE SPECIFIC DEV L0PMENT w GOVERNMENT CENTER 0 w 6TH STREET CUP 2017-10 DO LUNCH DELI ON -SALE ABC ` 901 WEST CIVIC CENTER DRIVE, UNIT 150 P L A N N I N G A N D 8 U L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 31A-8 CUP 2017-10 DO LUNCH DELI ON -SALE ABC 901 WEST CIVIC CENTER DRIVE, UNIT 150 SITE PHOTO EXHIBIT 3 31A-9 cul NOI1N3/>a31N1 si a, aci za_va Need 3115 't s ui — 1l NOISdO I'13a HONfPI as � � t� w � 41 i 31Aft6 . .... .. . . . . .... . . .. min lxo Da 1& 0 a o EXHIBIT 5 H 7J LS 5.22.17 RESOLUTION NO. 2017-20 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-10 TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES FOR ON -PREMISE CONSUMPTION AT DO LUNCH DELI RESTAURANT LOCATED AT 901 WEST CIVIC CENTER, UNIT 150 BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. Applicant is requesting approval of Conditional Use Permit No. 2017-10 to allow the sale of alcoholic beverages for on -premise consumption for the property located at 901 West Civic Center, Unit 150. B. Santa Ana Municipal Code Section 41-196 requires a conditional use permit for the sale of alcoholic beverages for on-site consumption of alcoholic beverages that is ancillary to the primary restaurant use. C. On May 22, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-10. D. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code Section 41-638, have been established for Conditional Use Permit No. 2017-10 to allow for sale of alcoholic beverages for on -premise consumption: 1. That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed sale of alcoholic beverage for on -premise consumption at this location will provide an ancillary service to the restaurant's customers by allowing them the ability to purchase a variety of alcoholic beverages with their food. This will thereby benefit the community by providing a restaurant with an additional and complementary food - related amenity. Standards are applicable to the alcoholic beverage control license which will mitigate any potential impacts created by the use and ensure that the use will not negatively affect the surrounding community. EXHIBIT 6 Resolution No. 2017-20 Page 1 of 4 31A-12 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed sale of alcoholic beverages for on -premise consumption at this location will not be detrimental to persons residing or working in the vicinity because operational standards applicable to the alcoholic beverage control license will mitigate any potential negative or adverse impacts created by the use. This is primarily a restaurant use and the addition of alcohol will be ancillary to the main use. Moreover, the restaurant's location away from sensitive land uses reduces any potential impacts to others in the immediate vicinity. Finally, the sale of alcohol in the restaurant is intended to be incidental to the primary use as an eating establishment and will occur within the premises. 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The proposed use will not adversely affect the economic stability of the area, but will instead allow the restaurant to compete with other nearby restaurants that also offer beer and wine for sale to their guests and provide a one-stop dining experience to its visitors, especially those visiting the Santa Ana Stadium and Civic Center. Moreover, the offering of alcoholic beverages will allow Do Lunch Deli, a locally - owned restaurant, to remain economically viable and compete with nearby full-service restaurants in the vicinity and contributes to the overall success of the City of Santa Ana. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The proposed project will be in compliance with all applicable regulations and conditions imposed on a restaurant selling alcoholic beverages for on -premise consumption pursuant to Chapter 41 of the Santa Ana Municipal Code. The facility will be maintained as a full- service, bona -fide eating establishment, having suitable kitchen facilities and supplying an assortment of foods commonly ordered at various hours of the day. Additionally, the restaurant will utilize less than five (5) percent of the gross floor area for the display and/or storage of alcoholic beverages, which is the maximum threshold established by the Santa Ana Municipal Code. Resolution No. 2017-20 Page 2 of 4 31A-13 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The proposed sale of alcoholic beverage for on -premise consumption at this location will not adversely affect the General Plan. The granting of this conditional use permit supports several policies contained in the General Plan. Policy 2.2 of the Land Use Element encourages land uses that accommodate the City's needs for goods and services. Providing a variety of full-service restaurants that feature alcoholic beverages on their menus offers additional dining options for Santa Ana residents and visitors. Finally, Policy 5.5 of the Land Use Element encourages development that is compatible with and supporting of surrounding land uses. Do Lunch Deli is located in a commercial building and its operation is compatible with the surrounding commercial businesses. E. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to allow the on -premise sale of alcoholic beverages at a full-service restaurant within an existing structure. It has been found by the City that the use will not create any adverse impacts such as noise, traffic, or safety concerns. The cumulative impact of this project will not be significant as the use will be complementary with the nearby commercial uses in the area. There is no reasonable possibility that the project will have a significant effect on the environment due to the facility having the necessary infrastructure to operate the proposed use. Categorical Exemption Environmental Review No. 2017-31 will be filed for this project. Section 2. The applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-10. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 22, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Resolution No. 2017-20 Page 3 of 4 31A-14 ADOPTED this 22"d day of May, 2017 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2017-20 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 22, 2017. Date: Recording Secretary City of Santa Ana 31A-15 Resolution No. 2017-20 Page 4 of 4 31A-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: CONDITIONAL USE PERMIT NO. 2017-15 TO ALLOW CONTINUED USE OF A 60 - FOOT TALL WIRELESS FACILITY FOR AMERICAN TOWER LOCATED AT 2802 SOUTH FLOWER STREET - JOHN BITTERLY, APPLICANT {STRATEGIC PLAN NOS. 3, 2, 5} h 2c CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the staff report approving Conditional Use Permit No. 2017-15 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on May 22, 2017, by a vote of 7:0, the Planning Commission adopted a resolution approving Conditional Use Permit No. 2017-15 as conditioned to renew the entitlements of an existing 60 -foot high major wireless communication facility disguised as a mono -palm located at 2802 South Flower Street located in the Open Space (0) zoning district. The Planning Commission made no changes to the recommendation outlined in the attached staff report (Exhibit A). DISCUSSION John Bitterly, representing American Tower Corp., is requesting approval of a conditional use permit (CUP) to renew the entitlements of an existing 60 -foot high major wireless communication facility ("mono -palm") at 2802 South Flower Street, on the Saddleback High School campus. Major wireless communication facilities require approval of a CUP pursuant to Section 41- 198.3(b) of the Santa Ana Municipal Code (SAMC). As the current facility has reached its 10 year mark, the applicant is required to apply for a CUP to renew the city entitlements in order to maintain the current facility. The CUP is conditioned to require the existing tower to provide a stealth appearance. As part of the development review of the project, staff worked closely with the applicant to identify improvements to enhance the overall appearance of the site. These improvements include upgrading existing landscaping to comply with SAMC standards. In addition, the applicant will be replacing the existing fronds with new Mexican fan palm style fronds to the existing mono -palm to 31 B-1 CUP No. 2017-15 — American Tower Corp. Wireless Facility at 2802 South Flower Street June 20, 2017 Page 2 enhance its appearance and to help conceal the tower and antennas; the antennas will be painted to match the palm tree. To process such re -entitlements in a timely manner, the City of Santa Ana considers the provisions contained within Section 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], which limits local agencies abilities to impose additional conditions of approval when cell phone tower permits are renewed. These limits include seismic retrofits, which, according to a study by the City of Los Angeles, cost as much as constructing a brand new tower. However, the City will condition all new communication facilities to comply with an Importance Factor of 1.5, which is the building standard for public safety facilities. This will ensure telecommunication facilities are functional and provide cell coverage in the event of a major natural disaster. Full-sized site plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). FISCAL IMPACT There is no fiscal impact associated with this action. Hassan Haghani, AIC Executive Director Planning & Building Agency IO:rb M:\Planni ngCommission\28025 FLower\CU P2017-15-CEL2802SFIowerRenewal.m Exhibit: A. Planning Commission Staff Report 31 B-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 22, 2017 TITLE: PUBLIC HEARING - CONDITIONAL USE PERMIT NO. 2017.15 TO ALLOW CONTINUED USE OF A 60 -FOOT TALL WIRELESS FACILITY FOR AMERICAN TOWER LOCATED AT 2802 SOUTH FLOWER STREET — JOHN BITTERLY, APPLICANT {STRATEGIC PLAN NOS. 3, 2; 3, 5) Prepared by Ivan Orozco PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO 4xec ' eDirectar Planning Manager RECOMMENDED ACTION Adopt a resolution approving Conditional Use Permit No. 2017-15 as conditioned. Executive Summary John Bitterly, representing American Tower Corp., is requesting approval of a conditional use permit (CUP) to renew the entitlements of an existing 60 -foot high major wireless communication facility ("mono -palm") at 2802 South Flower Street on the Saddleback High School campus., Major wireless communication facilities require approval of a CUP pursuant to § 41-198.3(b) of the Santa Ana Municipal Code (SAMC). As part of this renewal application, the applicant will install additional fronds to the existing mono -palm to enhance its appearance. Table 1: Project and Location Information Item <' , ` Informs#eaci . Project Address 2802 South Flower Street Nearest Intersection Se erstrom Avenue and Flower Street General Plan Designation Open Space (OS) Zoning Designation Open Space (0) Surrounding Land Uses North I Sinqle-Family Residential East Industrial South Raii Road Corridor West Single -Family Residential Property Size 36.19 acres Existing Site Development The site is developed with the Saddleback High School and the subject mono -palm. Use Permissions Allowed with a conditional use permit (CUP), Zoning Code Sections Affected UseI SAMC § 41-198.3 b Operational Standards SAMC § 41-198 (Wireless Communication Facilities EXHIBIT A 31 B-3 CUP No. 2016-26 March 27, 2017 Page 2 Project Description In addition to the applicant's request for a new CUP, the existing tower will be refurbished to enhance its stealth appearance. New fronds will be installed to conceal the tower and antennas, and the antennas will be repainted to match the palm tree. Equipment for the wireless facility will continue to be contained within an enclosure of approximately 484 square feet; no changes to this component are proposed at this time. This enclosure is located to the south of the existing wireless facility, while the mono -palm itself will remain in its current location within the wrought iron enclosure and shrubbery. The facility is surrounded by two mature Mexican palm trees and three cedar trees that provide additional screening to the enclosure and the pole structure. The existing trees surrounding the cell site have been trimmed to fortify that the landscaping is regularly maintained and all trash has been removed. Table 2: Development Standards Stari'Slards ..." (rRQ. 4tr d $AMG; i.ROARCe s.. y4_,�tt_, rra...._ ,1 Screening Criteria A stealth facility Mono -palm The wireless facility is located at the Areas that will minimize aesthetic south of the property near the Site Selection intrusion railroad and athletic fields. Not visible from the public ri ht -of way. = _ Not to exceed 60 feet in height from Height criteria ground level as measured from the 60 feet nearest street curb Groundcover at the base of the The site currently has five (5) mature Landscaping, facility and one twenty-four (24) inch trees and shrubbery box tree _ Decorative fencing such as wrought Complies; a 7 feet metal fence Equipment Screening iron or block around the wireless provided on-site facility Project Background In June 1999, the Planning Commission approved CUP No. 1999-10 to allow construction of the subject mono -palm and equipment enclosure. Since its construction, the facility has provided cellular coverage to the immediate area. SAMC § 41-198.13 states that major wireless communication facilities shall be approved for a period not to exceed five years, although subsequent State legislative acts have required that such facilities be approved for a period not to exceed 10 years, As the current facility has reached its 10 year mark, the applicant is required to apply for a new CIDP in order to maintain the current facility. Project Analys In July 1998, the City Council adopted Ordinance No. NS -2356, which established regulations for wireless communication facilities throughout the City. Major wireless communication facilities such as the American Tower facility are required to have a stealth design and be located in an area that provides the greatest amount of visual screening. Further, these major facilities require the approval of a CUP. 31 B-4 CUP No. 2016-26 March 27, 2017 Page 3 Staff has reviewed the applicant's request to continue operation of major wireless communication facility at this location. In analyzing the CUP request, staff believes that the following analysis warrants staff's recommendation of approval for the CUP. As part of the development review of the project, staff worked closely with the applicant to identify improvements to enhance the overall appearance of the site. These improvements include maintenance of existing landscape to comply with SAMC standards. Pursuant to provisions contained within § 6409(a) of the Middle Class Tax Relief Act [47 U.S.C. § 1455(a)], local agencies are preempted from requiring additional screening or stealthing of the facility if such screening or stealthing was not required at the time of original construction. However, the City will condition all new communication facilities to comply with an Importance Factor of 1.5, which is the building standard for public safety facilities. This will assure telecommunication facilities are functional and provide cell coverage after a major natural disaster. This location is optimal to provide the coverage necessary for existing and expanding service. The proposed facility will provide a benefit to Santa Ana residents, businesses and motorists who subscribe to American Tower services by expanding cellular and data coverage in the area. The proposed facility will be in compliance with Federal law that governs health related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). Finally, the use will continue to comply with all provisions pertaining to the construction and Installation of wireless facilities identified in Chapter 41 (Zoning Code) of the SAMC. The facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element, Table 3: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strati, °ic Plan Alignment, and Public Notificatidn & Comrriunit Outreach CEQA CEQA Tye General Rule 15061 (b) (3)] Document Type General Rule Exemption ER No. 2016-53 This exemption applies to projects where it can be seen with certainty that there is no Reason(s) possibility that the activity in question may have a significant effect on the environment. Exempt or Analysis This Is an existing major wireless communication facility and no expansion of square footage or physical land disturbances are proposed as part of the project. Strate is Plan Alignment Approval of this item supports the City's efforts to meet Goal #3 (Economic Development) Objective #2 of creating new opportunities for business/job growth and encourage private Goal(s) and Policy(s) development through new General Plan and Zoning Ordinance policies. As well as Objective #5 that leverage private investment that results in tax base expansion and job creation citywide. Public Notification &Community 9utreach A public noticed was posted on the project site on May 12, 2017, Required Measures Notification by mall was mailed to all property owners and occupants within 500 feet of the project site on Ma 12 2017. Newspaper posting was published in the Orange County Reporter on May 12, 2017. 31 B-5 CUP No. 2016-26 March 27, 2017 Page 4 Conclusion Based on the analysis provided within this report; staff recommends that the Planning Commission approve Conditional Use Permit No, 2017-15 as conditioned. Assistant 10:sb MAPta nnfngQbm mis8lon12e USFLAwer1CUP2017.15-CEL2802S FlowerRenewal.pc Exhibits: 1, Vicinity Map 2. Location Map 3. Site Photo 4. Site Plan 5. Elevation 6. Resolution MEW WARNER AVE. =�*w L._.7 L_J 7J LJ I I LJ I l— IiL_J I 1 cl C7> I I C7 C2 M7 MI � RI R1 Al RI Rt Al R1r M1 M1 I,. P1 -PPD y '4N✓i{ Mt I �7 Mt C). M1 Mt M1 C2 rye' nt-0 ni R7 L R7 - R1 � fit �fll d� _ i � 4 M7 D- Alm' I / Rio t1 iii cs 1 C2 M7 w II I �iI iso- �^•II.....�. -`' 0`. a R1i1 7r PI U C5 11 f ` IICi t _ 1 R7 ccl �t tr ' ti R1 1 r.1 RI R7 " R7 0 R7Ri e z RIF: CR - `a. J R7 i lit Rl �_ I Oh m Ci nRi mQ Pti Hi R1 > R7 �PiF C4 Al G34E2ALAWaJLTUR%Lt CR COMMEiMALROUD"AL RI 9NOYEFAM14YIM0EAIIA1- .B FARgNGMbDIRCA7I0N CL GDAMMEOTC13im R2 WD FAMILY RESOWCE CEA CCMMEi7ALM MMAIN M7 UGHTINDUSIRAL R7 MUDREOEdS7YMUUPLE C7 CCMMUNINOaMME07AL M2 HFAWINDUS7WAL FAMILYRESOUNCE 07 MD OOMM. WMMUUAUMU8a1MSISIpCf MO MUTARiOFetAT10NS RA SMRMNAFARIMETS C2 (YEJE2ALCOMMMElAL 0 OPEN FACIF W SMI)WAL25WE G1 MYRALK)FIAM P TiUFMONAL GD smEOOEM ommT C3iA CFNrAL8LGNMARnSTMUAGC FCA RANNmmMMUNI7YDEVHOFMEAT T 'SPELIRCIPAN C4 RANNEOMM19OCEtlTE4 Rd] PLANNJRMOMALDEVELORdEIT Cb ARIMALOOMMOROAL CUP 2017 -15 -CEL SADDLEBACK MONOPALM RENEWAL I Al"I 2802 SOUTH FLOWER STREET - 500Fe7 v 1000 FEET—� P L A N N I N G A N D B U I L D I N G A G E N C Y VICINITY MAP EXHIBIT 1 31 B-7 w c y 1 4 Fo-1 a �•p jr q EXHIBIT 4 31 B-10 �4pA�iP•�E�{: z � �� „(y�tikFAk sy/ ii>< Jill low �� & gfill Yla sr w EXHIBIT 5 31 B-11 x'n lin tl elk' a 71 M / e j �8 ib Ile �.i i� r7. j p; i at�A ti EXHIBIT 5 31 B-11 LS 5.22 .17 RESOLUTION NO. 2017-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-15 AS CONDITIONED TO ALLOW A 60 -FOOT TALL WIRELESS FACILITY LOCATED AT 2802 SOUTH FLOWER STREET BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Planning Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. American Tower Corp. (Applicant) is requesting approval of Conditional Use Permit No. 2017-15 to renew the entitlements of an existing 60 -foot high major wireless communications facility disguised as a palm tree (mono -palm) located at 2802 South Flower Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-198.10, a Conditional Use Permit (CUP) is required for major wireless communications facilities established in the City of Santa Ana. C. SAMC Section 41-198.13 states that major wireless communications facilities shall be approved for a period not to exceed five (5) years, although subsequent State legislative acts have required that such facilities be approved for a period of not less than ten (10) years. D. As the current facility has reached the end of its 10 year mark, the Applicant is required to apply for a CUP to renew the entitlements in order to maintain the current facility. E. In June 28, 1999, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 1999-10 to approve a new 60 -foot mono -pine wireless facility. The application was approved at a 6-0 vote (Commissioner Verino absent). F. On May 22, 2017, the Planning Commission held a duly noticed public hearing on Conditional Use Permit No. 2017-15. Section 2. The Planning Commission determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to SAMC Section 41-638, have been established for Conditional Use Permit No. 2017-15 to allow a 60 -foot tall wireless facility: 1. That the proposed use will provide a service or facility which will contribute to the general well-being of the neighborhood or the community. EXHIBIT 6 Resolution No. 2017-21 Page 1 of 5 M : I The project will continue to provide a service which will contribute to the community. The major wireless communication facility will continue to provide a service to Santa Ana residents, businesses and motorists who subscribe to American Tower Corp, services by providing cellular service and data coverage for its users in the center city sector of Santa Ana. 2. That the proposed use under the circumstances of the particular case will not be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The issuance of a new conditional use permit for the facility at this location will not be detrimental to persons residing or working in the area as the proposed facility will remain in compliance with Federal law that governs health-related issues for wireless facilities, including safety regulations from the Federal Communications Commission (FCC) and Federal Aviation Administration (FAA). 3. That the proposed use will not adversely affect the present economic stability or future economic development of properties surrounding the area. The facility, in conjunction with the onsite improvements, will be compatible with the surrounding area and will not adversely affect the economic viability in the area. The stealthing provided by the facility's location at the rear of the site will not contribute to any potential visual blight. Moreover, the facility will maintain and increase the economic stability for this commercial and industrial area by providing an additional service for business owners, workers, and residents in the area. 4. That the proposed use shall comply with the regulations and conditions specified in Chapter 41 for such use. The use will continue to comply with all provisions pertaining to the continuation of existing wireless facilities identified in Chapter 41 (Zoning Code) of the Santa Ana Municipal Code. The facility is stealthed by its design and surrounding landscape and complies with other standards outlined in the SAMC. Additional improvements to the tower will screen the tower and antennas, bringing the facility into closer compliance with SAMC standards. 5. That the proposed use will not adversely affect the General Plan or any specific plan of the City. The major wireless communication facility will not adversely affect the General Plan as cellular facilities that are designed to be compatible with the surrounding environment are consistent with the goals and objectives of the Land Use Element. Goal 1 promotes a balance of land uses to address community needs, which includes means of communication that will be served by the facility. In addition, Goals 3 and 5 require preservation of neighborhood character and integrity as well as mitigation of developments' impacts. The mono -palm's location minimizes visual impact on the area and assists with the stealthing of the equipment. Further, Resolution No. 2017-21 Page 2 of 5 31 B-13 Policy 2.2 encourages land uses that accommodate the City's needs for services. Enhancing a cell phone provider's coverage in the area adds to the services that are readily available for business owners, workers, and residents in the immediate vicinity. G. In accordance with the California Environmental Quality Act (CEQA) the recommended action is exempt from CEQA per Section 15061(b)(3). This exemption applies to projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project proposes to renew an existing major wireless facility through the issuance of a new CUP. No expansion of square footage or physical land disturbances are proposed as part of the project. Categorical Exemption Environmental Review No. 2016-53 will be filed for this project. Section 3. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 4. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-15, as conditioned in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the abovesaid hearing, which includes, but is not limited to: the Request for Planning Commission Action dated May 22, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. ADOPTED this 22nd day of May, 2017 by the following vote: AYES: Commissioners: ALDERETE, BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, NGUYEN, VERINO (7) NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Lynnette Verino Chairperson 31B-14 Resolution No. 2017-21 Page 3 of 5 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. 2017-21 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on May 22, 2017. Date: Recording Secretary City of Santa Ana 31 B-15 Resolution No. 2017-21 Page 4 of 5 EXHIBIT A Conditions for Approval Conditional Use Permit No. 2017-15 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with all applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code and all other applicable regulations. The Applicant must comply in full with each and every condition listed belowrip or to exercising the rights conferred by this conditional use permit. The Applicant must remain in compliance with all conditions listed below throughout the life of the conditional use permit. Failure to comply with each and every condition may result in the revocation of the conditional use permit. 1. The Applicant must comply with all conditions and requirements of the Development Review Committee for the development project (DP No. 2016-18). 2. The Applicant shall replace all existing fronds with new stealth palm fronds similar in type to the Mexican Fan palm to the existing tower within 180 days of the effective date of this conditional use permit. 3. Any amendment to this conditional use permit must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the conditional use permit must be amended. 4. The facility shall be maintained as per approved plans. Any damage to existing structures, walls, parking areas, or landscaping must be repaired. 5. The permit Applicant shall provide a 24-hour phone number to which interference problems may be reported. This condition will also apply to all existing facilities in the City of Santa Ana. 6. The permit Applicant will provide a "single point of contact" in its Engineering and Maintenance Departments to insure continuity on all interference issues. The name, telephone number, fax number and e-mail address of that person shall be provided to the City's designated representative upon activation of the facility. 7. The permit Applicant shall ensure that lessee or other user(s) shall comply with the terms and conditions of this permit, and shall be responsible for the failure of any lessee or other users under the control of permit Applicant to comply. Resolution No. 2017-21 Page 5 of 5 31 B-16 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AMEND YOUTH COMMISSIO COMPENSATION {STRATEGIC PLAN NO. 5, 1} y Gl?fY MANAGE RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Select a compensation structure for Youth Commission members: Option 1: Compensate regular and alternate members at $50.00 per meeting, and no compensation for associate members. Option 2: Compensate regular members at $50.00, alternate members at $25, and no compensation for associate members. Option 3: Pleasure of the City Council. Place ordinances on first reading and authorize publication of ordinance amending Santa Ana Municipal Code §2-325 relating to compensation for members of the Youth Commission. DISCUSSION One of the City's goals is to be a catalyst for the positive development of young people. To help accomplish this goal, in September of 1999 the City Council established the Youth Commission. The Commission offers the youth of Santa Ana an opportunity to participate in the community's development by making recommendations on issues facing the youth of today. The Youth Commission consists of seven regular members; seven alternate members, ages 14 through 18; and seven associate members, ages of 11 and 13 that are all appointed by the City Council. On August 10, 2009 the City Council adopted an ordinance that set the .compensation of regular members at $25.00 and alternate members at $10.00, per meeting. The City Council has expressed an interest in aligning the compensation for all board and commission 50A-1 AMEND YOUTH COMMISSION COMPENSATION June 20, 2017 Page 2 members; thus it is recommended that the City Council approve the structure preferred from options presented and adopt the ordinance accordingly. The proposed ordinance attached will allow for an amendment to the compensation for all youth commission members. STRATEGIC PLAN Approval of this agreement allows us to meet Goal #5. Community Health, Livability, Engagement & Sustainability, Priority #1, Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities. FISCAL IMPACT Given the structures presented and one regular meeting per month, the annual cost for the Youth Commission is estimated to up to $12,600. Funds for the Youth Commission are available in the Parks, Recreation & Community Services account for Management and Support Services (account no. 01113230-62302, activity no. 93203301102). /%- 6 Maria D. HGizar, Clerk of the Council "Mouet,rks, Recreation and Community Services Agency Exhibit: Proposed Ordinance t APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez, � Executive Director of Finance & Mgmt. Services Agency 50A-2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTION 2-325 TO THE SANTA ANA MUNICIPAL CODE RELATED TO COMPENSATION FOR YOUTH COMMISSION MEMBERS THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City's budget challenges and the potential impacts on the City's ability to preserve high quality core services to the public has lead the City Council to evaluate the current structure of the City's appointive boards and their costs. B. The City agencies which staff the various boards and commissions have reviewed all costs associated with providing support to the appointive boards including materials and supplies, training and travel, staff time, and member compensation. C. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter Section 2. Section 2-325 of the Santa Ana Municipal Code is hereby amended such that it reads as follows: Sec. 2-325. Compensation for members of boards, commissions. The members of the following boards and commissions of the City shall receive the compensation as set forth herein: (a) Community Redevelopment and Housing Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus twenty dollars ($20.00) per month automobile allowance. (b) Personnel Board, fifty dollars ($50.00) per meeting. (c) Planning Commission, fifty dollars ($50.00) per meeting, three (3) meetings maximum per month, plus fifty dollars ($50.00) per month automobile allowance. Ordinance No. NS-XXXX Page 1 of 3 y 1 J (d) Historic Resources Commission, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (e) Board of Recreation and Parks, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (f) Environmental and Transportation Advisory Committee, fifty dollars ($50.00) per meeting, two (2) meetings maximum per month. (g) Youth Commission, one (1) meeting per month, three (3) special meetings maximum per year. Compensation to be approved by City Council with the following options presented: Option 1: Youth Commission, fifty dollars ($50.00) per meeting for regular and associate members, one (1) meeting maximum per month and three (3) special meetings maximum per year. Option 2: Youth Commission, fifty dollars ($50.00) per meeting for regular and twenty-five dollars ($25.00) per meeting for alternate members, one (1) meeting maximum per month and three (3) special meetings maximum per year. Option 3: Youth Commission, [To be written for First Reading at the Pleasure of the City Council.] Section 3. 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 _ day of 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia Carvalho, City Attorney By: John Funk, Senior Assistant City Attorney Ordinance No. NS-XXXX Page 2 of 3 50A-4 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS -XXX 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: Maria D. Huizar Clerk of the Council City of Santa Ana Ordinance No. NS -2795 50A-5 Page 3 of 3 41A REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: RESOLUTION ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FY 2017-18 (STRATEGIC PLAN NO. 4, 1 D) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution establishing the appropriation limit for the fiscal year 2017-18. DISCUSSION The State of California Constitution includes various provisions, which impose a limit ("the GANN Limit") on tax proceeds that may be appropriated for expenditures by a local government in any given fiscal year and requires the cities establish this limit by resolution. Adoption of the subject resolution is necessary for compliance with these provisions for the fiscal year ending June 30, 2018. As detailed in the exhibits to the subject resolution, the City's spending limitation from "Proceeds of Taxes" is calculated to be $1,041,257,416 (Exhibit 1) for fiscal year 2017-18. This represents the permitted growth rate factor of 1.0441 times the fiscal year 2016-17 appropriations limit of $997,277,479. Additionally, Exhibit 1 identifies the factors used to determine the allowable increase from the prior year; Exhibit 2 categorizes FY 2017-18 anticipated revenues from "Proceeds of Taxes" and "Non -Proceeds of Taxes"; and Exhibit 3 computes the fiscal year 2017-2018 appropriations subject to this limitation and also identifies the difference between the limit and the budgeted appropriation. As demonstrated in Exhibit 3, the City's anticipated fiscal year 2017-18 appropriation subject to limitation is $185,816,470, which is $855,440,946 below the Gann Limit (allowable limit). STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal # 4 City Financial Stability, Objective # 1 (maintain a stable, efficient and transparent financial environment), Strategy D (develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). 55A-1 Resolution Establishing the Appropriation Limit June 20, 2017 Page 2 FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Computation of Appropriation Limit 2. Schedule to Categorize Anticipated Revenues 3. Appropriation Subject to Limitation 4. Resolution 55A-2 EXHIBIT 1 COMPUTATION OF APPROPRIATION LIMIT FOR FISCAL YEAR ENDING JUNE 30, 2018 Fiscal Year 2016-17 Appropriations Limit California Per Capita Personal Income: Converted into a Factor Population Growth: Converted into a Factor: $ 997,277,479 3.690% 1.0369 0.69% 1.0069 Calculation of factor for fiscal year 2017-18 (1.0369 x 1.0069): 1.0441 Fiscal Year 2017-18 Appropriations Limit $ 1,041,257,416 * Source: State of California, Department of Finance, Price and Population Information - FY 2017-18 55A-3 EXHIBIT 2 SCHEDULE TO CATEGORIZE ANTICIPATED REVENUES FOR FISCAL YEAR ENDING JUNE 30, 2018 REVENUE TAXES: Property Tax Sales Tax Hotel Visitors' Tax Business Tax Documentary Stamp Tax Utility Users' Tax Medical Marijuana Tax Total Taxes FROM STATE: State Motor Vehicle License Homeowner Prop Tax Subvention State Gas Tax SB90 Reimbursements State Grants Total State OTHER GOVERNMENT: Community Development (CDBG) Urban Area Security Initiative Grant Social Services Agency Grant Housing (Section 8) Workforce Innovation & Opportunity Act Measure M, Street Grants Civic Center and Park Program Income Other Federal Grants Total Other Government PROCEEDS OF TAXES $ 73,360,459 $ 52,619,000 9,900,000 11, 770,000 800,000 27,780,000 2,500,000 178,729,459 153,627 201,205 NON -PROCEEDS OF TAXES TOTALS $ 73,360,459 52,619,000 9,900,000 11,770,000 800,000 27,780,000 2,500,000 178,729,459 153,627 - 201,205 9,529,725 9,529,725 97,000 97,000 - 1,323,068 1,323,068 354,832 10,949,793 11,304,625 - 5,602,201 - 1,756,797 - 2,740,000 - 30,284,691 - 3,022,836 - 21,993,906 - 5,708,600 - 179,000 - 4,609,949 75,897,980 55A-4 5,602,201 1,756,797 2,740,000 30,284,691 3,022,836 21,993,906 5,708,600 179,000 4,609,949 75,897,980 Exhibit 2 Continued REVENUE LOCALLY RAISED: Licenses and Permits Franchise Fees Fines and Forfeitures Charges for Services From Use of Property Others Others -Inter-Agency Total Locally Raised OTHER MISCELLANEOUS: Donation Sale of Junk and Property Attorney Reimbursements Expense Reimbursements Indirect Cost Recovery From Prior Year Fund Balances Refuse Program Saving Interfund Transfers Total Other Miscellaneous FROM USE OF MONEY: Earnings on Investment TOTALREVENUES PROCEEDS NON -PROCEEDS 125,000 OF TAXES OF TAXES TOTALS - 5,803,105 5,803,105 - 8,570,047 8,570,047 - 5,193,499 5,193,499 - 24,054,881 24,054,881 - 6,095,292 6,095,292 - 2,300 2,300 - 4,537,918 4,537,918 54,257,042 54,257,042 125,000 125,000 500 500 979,890 979,890 1,747,343 1,747,343 2,538,822 2,538,822 30,651,801 30,651,801 1,352, 000 1,352,000 8,124,850 8,124,850 45,520,206 45,520,206 388,467 434,033 822,500 $ 179,472,758 $ 187,059,054 $ 366,531,812 55A-5 EXHIBIT 3 APPROPRIATION SUBJECT TO LIMITATION FOR FISCAL YEAR ENDING JUNE 30, 2018 Proceeds from taxes Less: Exclusions Appropriation subject to limitation Current year limit Over(under) limit y $ 179,472,758 (6,343,712) $ 185,816,470 1,041,257,416 $(855,440,946) EXHIBIT 4 ROH: 06/20/17 RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING THE APPROPRIATION LIMIT OF THE CITY OF SANTA ANA FOR FISCAL YEAR 2017-2018 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. Article XIIIB of the Constitution of the State of California, adopted by the voters of the State of California in 1979, imposes upon State and local government the obligation to limit each fiscal year's appropriations to those established in fiscal year 1978-79 as adjusted for by inflation and population, together with other specified changes required or permitted. B. In June of 1990, the voters of the State of California approved Proposition 111, which amended Article XIIIB to establish the limit originally calculated for fiscal year 1986-87 as a new adjustment base and to change the definition of the cost of living to be either the percentage change in California per capita personal income from the preceding year or the percentage change in the local assessment roll from the preceding year for the jurisdiction due to the addition of local non-residential new construction. C. Proposition 111 further modified Article XIIIB requirements by making certain capital outlay, debt service, emergency and court ordered expenditures not subject to the limit and by allowing expenditures in excess of one year's limit to be offset by under expenditures in an immediately following year. D. The City of Santa Ana has opted to use as the inflation adjustment factor, the percentage change in the California per capita personal income from the preceding year, E. The City of Santa Ana has opted to use as the population adjustment factor, the County's percentage change in population from the preceding year. Resolution No. 2017- 55A-7 F. Section 7910 of the Government Code of the State of California requires the governing body of each local jurisdiction each year to, by resolution, establish its appropriations limit and make other necessary determinations for the following fiscal year pursuant to Article XIIIB of the California Constitution at a regularly scheduled meeting or noticed special meeting. Fifteen days prior to the meeting, documentation used in the determination of the appropriations limit and other necessary determinations shall be available to the public. G. This matter came before the City Council at its regularly scheduled meeting of June 20, 2017. H. The Executive Director, Finance and Management Services Agency of the City of Santa Ana, has determined the City's appropriation limit for fiscal year 2017-2018 in accordance with said provisions of the Constitution and laws of the State of California, and the documentation used in the determination has been available to the public since not later than June 5, 2017, in the office of the Executive Director, Finance & Management Services Agency. Section 2. Based upon the above referenced facts and all facts specified in the accompanying Request for Council Action and its attachments, and each of them, the appropriation limit of the City of Santa Ana for fiscal year 2017-2018 is hereby found and determined to be $1,041,257,416. Section 3. This Resolution shall take effect Immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2017. APPROVED AS TO FORM: Sonia R. Carvalho Resolution No. 2017- y • Miguel A. Pulido Mayor AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017- to be the original resolution adopted by the City Council of the City of Santa Ana on June 20, 2017. Date: Clerk of the Council City of Santa Ana Resolution No. 2017- 55A-9 55A-10 REQUEST FOR COUNCIL ACTION ffq &'Ldd111�YdI4i,I=�1111KCIJ7a��� JUNE 20, 2017 TITLE: LEAGUE OF CALIFORNIA CITIES VOTING DELEGATE (STRATEGIC PLAN NO. 5, 1) 12'. CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s` Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Designate Mayor Pro Tem Michele Martinez as a voting delegate and select up to two alternates for the League of California Cities' Annual Conference's General Assembly scheduled for September 15, 2017. BACKGROUND: This year's League Annual Conference is scheduled for Wednesday, September 13 through Friday, September 15 in Sacramento. One very important aspect of the Annual Conference is the annual Business Meeting when the membership takes action on conference resolutions. To expedite the conduct of business, every City is being requested to designate a voting representative and two alternates who will be present the City at the Business Meeting. League bylaws provide that each city is entitled to one vote and to determine a city position in matters affecting municipal or League policy matters. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Maria D. Hulzar Clerk of the Council Exhibit: 1. League of California Cities Correspondence — Designation of Voting Delegates and Alternates 65A-1 65A-2 n� 1400 K Street, Suite 400 • Sacramento, California 95814 OF CAL1 Fc)U E Phone: 916.658.8200 Fax: 916.658.8240 T T www.cacities.org I T I Council Action Advised by July 31, 2017 May 3, 2017 TO: Mayors, City Managers and City Clerks RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — September 13 —1S, Sacramento The League's 2017 Annual Conference is scheduled for September 13 — 15 in Sacramento. An important part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for 12:30 p.m, on Friday, September 15, at the Sacramento Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, September 1, 2017. This will allow us time to establish voting delegate/alternate records prior to the conference. Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or haveourcity clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.org. In order to cast a vote, at least one voter must be present at the 65A-3 Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Sacramento Convention Center, will be open at the following times: Wednesday, September 13, 8:00 a.m. — 6:00 p.m.; Thursday, September 14, 7:00 a.m. — 4:00 p.m.; and Friday, September 15, 7:30 a.m.— Noon. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, September 1. If you have questions, please call Carly Shelby at (916) 658-8279. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form 65A-4 Annual Conference Voting Procedures One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Connnittee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. 65A-5 LTE AG U E� bL-C CITY: 2017 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, September 1, 2017. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Cleric Phone: (circle one) (signature) Date: Please complete and return by Friday, September 1, 2017 League of California Cities ATTN: Carly Shelby 1400 K Street, 4th Floor Sacramento, CA 95814 FAX: (916) 658-8240 E-mail: eshelby@cacities.org (916) 658-8279 65A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: AUTHORIZE INITIATION OF A NEW SOLID WASTE SERVICES CONTRACT PROCESS AND AMEND AND RESTATE EXISTING SOLID WASTE AGREEMENT :{STRATEGIC PLAN NO. 4, 1 DEPU ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize staff to start negotiation of a one-year extension of the current agreement with USA Waste of California, Inc. (dba Waste Management of Orange County) and return to Council with results within 90 days for further consideration and direction. 2. Direct staff to initiate a Request for Proposals process for solid waste services to be effective upon the completion of the one-year extension negotiation. 3. Approve the proposed Amended and Restated Solid Waste Services Agreement with USA Waste of California, Inc. (dba Waste Manaaement of Oranae Countv). DISCUSSION On June 30, 1993, at the completion of a Request for Proposals (RFP) process, the City entered into an agreement with Great Western Reclamation for solid waste collection and handling. Subsequently, there were 13 separate Council -approved amendments and resolutions to, among other things, establish fees, implement the 3 -cart curbside trash collection service, and to extend the agreement term. The most recent of these amendments was approved on June 1, 2009 (Exhibit 1). The agreement will expire June 20, 2018. In December 2015, the City Council approved a consultant services agreement with Sloan Vazquez to assist the City with a solid waste program RFP process. The scope includes a comparison of solid waste services rates and level of service in ten comparable municipalities in Orange County. In addition to analyzing the services, the consultant is also tasked with providing an analysis of the options for either a new or extended contract. Separately, the City Attorney's office reviewed the current solid waste services agreement and recommended restating all amendments to the current solid waste services agreement into a single Amended and Restated Agreement ("Proposed Agreement") and clarifying the pass - 6513 -1 Authorize Initiation of a new Solid Waste Services Contract Process and Amend and Restate Existing Solid Waste Agreement June 20, 2017 Page 2 through and impact fees, for tracking and transparency purposes, as well as compliance with applicable legal requirements (Exhibit 2). The Proposed Amended and Restated Agreement is a consolidation of all of the previous amendments and agreements and identifies a single franchise fee to replace a number of miscellaneous charges and transfers to the City (i.e., Program Surcharge, Administrative, NPDES, and other fees added to the cost of services). All of the fees from residential, commercial, and industrial services will be consolidated and set forth as a single Franchise Fee of approximately 26 percent (Exhibit 2). The Proposed Agreement does not present any customer rate or service changes. Waste Management has agreed to the terms of the Amended and Restated Agreement. The proposed Amended and Restated Agreement action would not extend the term of the original agreement, which is June 30, 2018. Staff is recommending authorization to negotiate a one-year extension with Waste Management of Orange County to provide sufficient time to complete the RFP process toward a new, long- term agreement. As a part of this extension, the City must immediately address existing program gaps mandated by legislation, which will require modification to the current agreement. Rollout of the Los Angeles commercial franchise system requires transition of approximately 70,000 commercial accounts over the next nine months to a year and may place a strain on equipment manufacturing and delivery capabilities (i.e., trucks, bins, etc.), consequently raising the cost of services to the City. Finalization of County of Orange renewable energy infrastructure plan during this time could provide lower-cost disposal options not currently available. The agreements with Waste Management and Ware Disposal for construction and demolition debris collection, and the Madison Materials Host Fee Agreement will be extended to expire concurrently with the negotiated extension. The RFP process will take approximately 15 to 18 months to complete. Staff recommends releasing the RFP immediately upon completion of the short-term extension negotiation. This will position the City for an effective and timely rollout of the new contract. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 — City Financial Stability, Objective #1 (maintain a stable, efficient and transparent financial environment). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this item. 65B-2 Authorize Initiation of a new Solid Waste Services Contract Process and Amend and Restate Existing Solid Waste Agreement June 20, 2017 Page 3 Fre Mou avip ur Executive Director Public Works Agency FM/MLM/ck Exhibits: 1. Solid Waste Agreement History 2. Proposed Amended and Restated Agreement L• 01*1�19�j e E n" E E C 3 � E E =a Ex 2 Ese �E x omu a`E = to3 -E� q Z.vvn E q�"°5 QooErp EEauvc � e v E3 aaa e EEEoE �3A - E 6 5 E 5 E 3 e � E � � � u _ v m 0 E b E x c E e d E E c u. v' :C c E Ec E E o r E E E E t £ N o E 3 of n �iE.E S o o E m¢ b L E EL 15 E $ E.EE P E a a a � v a. p a 01*1�19�j e E n" E E C 3 � E E =a Ex 2 Ese �E x omu a`E = to3 -E� q Z.vvn E q�"°5 QooErp EEauvc � e v E3 aaa e EEEoE FOURTH AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTES GENERATED, PRODUCED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA by and between THE CITY OF SANTA ANA 0 USA WASTE OF CALIFORNIA INC. EXHIBIT 2 65B-5 TABLE OF CONTENTS Page RECITALS....................................................................................................................................1 1. GRANT OF CONTRACT: ................................................................................................ 2 2. TERM OF CONTRACT: ................................................................................................... 2 3. DEFINITIONS: .................................................................................................................. 2 4. SCOPE OF SERVICE: ...................................................................................................... 6 5. COLLECTION HOURS: ................................................................................................... 6 6. HOLIDAYS: ....................................................................................................................... 7 7. FREQUENCY OF COLLECTIONS: ................................................................................ 7 8. MAINTENANCE OF SCHEDULES: ............................................................................... 7 9. EXCLUSIVENESS OF AGREEMENT: ........................................................................... 7 10. SOLID WASTE FRANCHISE FEE: ................................................................................. 8 11. AUTOMATED SYSTEM: ................................................................................................ 9 (a) -(f) Intentionally Omitted (g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTION VEHICLES.................................................................................. 9 12. COLLECTION POINTS AND REQUIREMENTS:......................................................... 9 13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY OPERATIONS:................................................................................................................10 (a) CITY GOVERNMENT OPERATIONS............................................................. 10 (b) STREET SWEEPING.......................................................................................... 10 (c) NEIGHBORHOOD CLEANUPS........................................................................10 14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL, REQUIREMENTS: .......................................................................................................... 11 (a) CURBSIDE SERVICE........................................................................................ 11 (1) Non -Recyclable Solid Waste Collection and Recycling Plastic Carts......................................................................................................... 11 (2) Recyclable Solid Waste Collection and Recycling Plastic Carts ............. 11 (3) Yard Waste Collection and Recycling Plastic Carts ................................ 11 (b) BIN SERVICE.....................................................................................................11 (c) ROLL -OFF SERVICE.........................................................................................12 (d) TEMPORARY BIN SERVICE...........................................................................12 I o• � ', 65B-7 TABLE OF CONTENTS (continued) Page 28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS .......... 19 29. MINIMUM SERVICE LEVELS - MULTI -FAMILY RESIDENTIAL BUILDINGS: ................................................................................................................... 20 30. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE AND ROLL -OFF SERVICES....................................................................... 21 31. SERVICE STANDARDS:............................................................................................... 21 ii o• w • (e) PARKWAY CLEAN-UP FOLLOWING GARAGE SALES .............................12 (f) - ALLEY CLEAN -TIP FOLLOWING THE IST OF EACH MONTH................12 (g) DISPOSAL..........................................................................................................12 15. [RESERVED] 16. CIWMA REPORTING REQUIREMENTS: ................................................................... 13 17. SRRE CONSULTANT: ................................................................................................... 13 18. PUBLIC EDUCATION SERVICES: .............................................................................. 14 19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE: .............................. 15 20. MAINTENANCE OF BINS AND ROLL -OFF CONTAINERS: ................................... 15 21. COLLECTION OF BULKY ITEMS: ............................................................................. 16 22. CURBSIDE SERVICE PAYMENTS:............................................................................ 17 23. RESIDENTIAL BIN SERVICE RATES: ....................................................................... 17 24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES: ............................................. 19 25. ROLL -OFF SERVICE RATES: ...................................................................................... 18 26. COMPENSATION FOR GRANTS:............................................................................... 18 - - -27-. .. -ADJUSTMENTS TO -CH A:RGES.......:::..-........:.. - - - - (a) HAULING AND PROCESSING CHARGES.....................................................18 (1) PRICE INDICES.....................................................................................18 (2) CURBSIDE SERVICE............................................................................18 (3) BIN SERVICE AND ROLL -OFF SERVICE.........................................18 (b) GATE FEES.........................................................................................................19 (c) SOLID WASTE FRANCHISE FEE....................................................................19 (d) SMART FEES.................................................................................................... 19 28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REQUIREMENTS .......... 19 29. MINIMUM SERVICE LEVELS - MULTI -FAMILY RESIDENTIAL BUILDINGS: ................................................................................................................... 20 30. MINIMUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE AND ROLL -OFF SERVICES....................................................................... 21 31. SERVICE STANDARDS:............................................................................................... 21 ii o• w • TABLE OF CONTENTS (continued) Page 32. SUPERVISION: .............................................................................................................. 21 33. TITLE TO SOLID WASTE: ........................................................................................... 22 34. FAILURE TO COLLECT: .............................................................................................. 22 35. DEFAULT, DAMAGES AND TERMINATION OF AGREEMENT: ......................... 23 36. LIQUIDATED DAMAGES: ........................................................................................... 24 37. USE BY CITY OF CONTRACTOR'S EQUIPMENT: .................................................. 25 38. COMPLAINTS: ............................................................................................................... 25 39. COMPENSATION REDUCTION DURING STRIKE PERIOD: .................................. 26 40. FEES AND GRATUITIES: ............................................................................................. 27 41. LEGAL RELATIONS AND RESPONSIBILITIES: . ..................................................... 27 (a) Applicable Laws.................................................................................................. 27 (b) Personnel..............................................................................................................28 (c) Permits and Licenses............................................................................................ 28 (d) Workers' Compensation Policy........................................................................... 28 (e) Public Liability Insurance.................................................................................... 28 - - - - - (f) - Insurance- Responsibility for -CITY Owned Solid Waste Collection and - RecyclingVehicles.............................................................................................. 28 (g) Indemnification....................................................................................................29 (h) Enforcement of Scope of Services....................................................................... 29 (i) Waivers................................................................................................................29 42. SUBCONTRACTORS AND MANAGEMENT: ............................................................ 30 43. ACCOUNTING AND AUDITING: ................................................................................ 30 44. BOND: ............................................................................................................................. 30 45. MEDIA RELATIONS: .................................................................................................... 30 46. NOTICES: ........................................................................................................................ 31 47. GENDER AND NUMBER: ............................................................................................ 31 48. VALIDITY: ..................................................................................................................... 31 49. ASSIGNABILITY: .......................................................................................................... 31 50. GOVERNING LAW: ....................................................................................................... 32 WASTE MANAGEMENT HOLDINGS INC. (WMH) GUARANTEE .................................... 33 iii o• TABLE OF CONTENTS (continued) Page EXHIBIT"A" _ SPECIFICATIONS.........................................................................................36 EXHIBIT `B" — NOT REQUIRED EXHIBIT «C„ — RATES.............................................................................................................. 40 EXHIBIT "D" — NOT REQUIRED iv 65B-10 FOURTH AMENDED AND RESTATED AGREEMENT FOR COLLECTION AND HANDLING OF SOLID WASTE GENERATED AND/OR ACCUMULATED IN THE CITY OF SANTA ANA This FOURTH AMENDED AND RESTATED AGREEMENT, made and entered into this day of , 2017 by and between the City of Santa Ana, a charter city and municipal corporation duly authorized under the Constitution and laws of the State of California (referred to herein as "City")," and USA Waste of California Inc., a Delaware corporation dba Waste Management of Orange County, formally Great Western Reclamation, a division of Waste Management Collection and Recycling, Inc, a California corporation, hereinafter called, "CONTRACTOR," RECITALS 1. The Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989, Division 30 of the California Public Resources Code, commencing with Section 40000 ("CIWMA" ), declares that it is within the public interest to authorize and require local agencies to make adequate provisions for Solid Waste handling within their jurisdictions. 2. In the opinion of the City Council of the City of Santa Ana, the public health, safety and wellbeing require that the collection, transportation, and recycling, diversion by means of composting, mulching and/or transforming, and disposal of Solid Waste, including, but not limited to, the frequency and means of such collection, transportation and recycling, yard waste diversion or disposal, and the charges and fees therefore, be provided by contract to a qualified contractor, 3. On June 30, 1993, CITY and CONTRACTOR entered into an agreement for such Solid Waste collection and handling (the "Original Agreement"). 4. Since the execution thereof, CITY and CONTRACTOR jointly concurred that it would be in the best interest of the CITY and the residents therein that the Original Agreement be revised to provide for Solid Waste collection, recycling and disposal of Curbside Service Units by means of automated Solid Waste collection vehicles and Solid Waste collection and recycling plastic carts. 5. On June 1, 1996, CITY and CONTRACTOR entered into an agreement entitled "Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" (hereinafter referred to as "Amended Agreement" to effectuate the new curbside service collection program. 6. On June 19, 1997, CITY and Contractor entered into an Agreement entitled "Second Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" to clarify the responsibilities associated with the collection, handling, and processing of solid waste collected by Contractor. 1 65B-11 7. On April 3, 2005, CITY and CONTRACTOR entered into an Agreement entitled "Third Amended and Restated Agreement for the Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana" ("Third Amended Agreement'), in order to, among other things: (i) extend the term of the Agreement to June 30, 2018, (ii) incorporate new programs to increase recycling and reduce illegal disposal of used oil, as well as to reduce illegal dumping and litter throughout the City and (iii) include measures to ensure continued compliance with the 50% diversion requirements as imposed by the State of California. 8. The parties again desire to amend the Third Amended Agreement in its entirety to incorporate the provisions of previous amendments and to clarify, update and realign the financial provisions of the Agreement. The City Council of the City of Santa Ana, hereby desires that CONTRACTOR be engaged to provide for both the collection of Solid Wastes within the corporate limits of the City of Santa Ana and the transportation of such Solid Wastes to appropriate places of processing, recycling, yard waste diversion, and disposal, and to perform such services on the terms and conditions set forth in this Agreement. NOW, THEREFORE, for the reasons recited above, and in consideration of the respective and mutual covenants and promises hereinafter contained and made, and subject to all the terms and conditions hereof, the parties hereto do hereby agree as follows: 1. GRANT OF CONTRACT: CITY hereby grants to CONTRACTOR, for the term hereinafter set forth, the contract, right —and Privileg e to collect f Ycle divert by mens of coinPosfng> mulcri ,- and/r transforming, dispose and transport, to appropriate facilities as set forth in this Agreement, all Solid Wastes (as herein defined and subject to the terms herein) generated, produced, kept and/or accumulated in the City of Santa Ana, and CONTRACTOR, subject to all of the terms hereof, hereby accepts and agrees to faithfully perform such contract and obligation. 2. TERM OF CONTRACT: The term of this Agreement shall begin upon execution of this Agreement and shall extend to June 30, 2018. 3. As used in this Agreement, the following words and phrases shall have the meaning assigned in this section, unless the context at the point of usage clearly requires a different meaning. (1) Agreement shall mean this Amended and Restated Agreement, including the exhibits thereto and the documents incorporated herein by reference. (2) Auditor shall mean the certified public accountant firm retained by City for auditing services. 65B-12 (3) Bin Service shall mean all Solid Waste collection services provided by CONTRACTOR by means of front -loaded collection bins of various sizes. (4) California Integrated Waste Management Act ("CIWMA") shall mean that act codified by California Public Resources Code Sections 40000 et seq., and any subsequent amendments thereto. (5) California Integrated Waste Management Board shall mean the Board created by the California Integrated Waste Management Act, and any subsequent modifications thereto, and shall encompass any other agency which assumes the duties of this Board. (6) CITY shall mean the City of Santa Ana. (7) City Attorney shall mean the City Attorney of CITY. (8) City Council shall mean the City Council of CITY. (9) City Manager shall mean the City Manager of CITY. (10) Clerk of the Council shall mean the Clerk of the Council of CITY. (11) Code shall mean the Municipal Code of CITY, both codified and miscellaneous ordinances. (12) Commercial/Industrial Bin Service shall mean Bin Service which is provided by CONTRACTOR to commercial and/or industrial units. 13 Commercial Solid Wastes shall mean Solid Waste originating from stores business offices, commercial warehouses, hospitals, educational, health care, military and correctional institutions, non-profit research organizations and government offices. (14) Compost means the product resulting from the controlled biological decomposition of 3 organic wastes that are source separated from the Solid Waste stream. (15) Composting means a method of waste treatment which produces a product meeting the definition of "compost" herein. (16) Composting Facility means a state permitted Solid Waste facility at which composting is conducted and which produces a product meeting the definition of compost. (17) Construction and Demolition Solid Waste includes Solid Wastes, such as building materials, and packaging and rubble resulting from construction, remodeling, repair and demolition operations on streets, pavements, houses, commercial buildings, and other structures. (18) Contract shall mean this Agreement, entered into between CITY and CONTRACTOR. (19) CONTRACTOR shall mean USA Waste of California Inc., a California corporation, and shall also include the parent company Waste Management, Inc. 3 65B-13 (20) Curbside Service Unit shall mean each single family residence and duplex unit which receives curbside collection services provided by CONTRACTOR. This shall include commercial curbside users and any multi -family, business or professional user which does not require Bin Service as determined by the Executive Director. (21) Customer shall mean a user of CONTRACTOR's bin or roll -off container service. (22) Disposal Site shall mean any licensed landfill site permitted by the California Integrated Waste Management Board for the receipt and ultimate disposition of Solid Waste. (23) Executive Director shall mean the Executive Director of Public Works of CITY, or his or her designate. (24) Gate Fees shall mean those charges by a Disposal Site for Solid Wastes disposed of at said site. Gate Fees are also known as "tipping" fees and "landfill" fees. (25) Gross Receipts means and includes all revenues actually received by CONTRACTOR arising from, or attributable to, the services provided by CONTRACTOR to its Customers in the CITY pursuant to this Agreement. Gross Receipts include Gate Fees as defined herein. Gross Revenue does not include any revenue received by CONTRACTOR from the sale of Recyclable Solid Waste. Notwithstanding the above, "Gross Receipts" shall not include any SMaRT Fees collected by the CONTRACTOR from the customer as authorized by Section 7 of Exhibit "C" herein. (26) Hauling Charges shall mean those portions of the curbside, bin, roll -off and other rates provided for in this Agreement which compensate CONTRACTOR for the Solid Waste - - - — -collection and -transporting services -required of COPd-TRACTOR-ander-uiis A— ecmieiii.The - parties have agreed upon the initial Hauling Charges as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. (27) Hazardous Wastes are those wastes which, because of their physical or chemical characteristics, and are defined as a "hazardous substance" or "hazardous waste" pursuant to the Resource Conservation and Recovery Act" ("RCRA"), cannot be disposed of in a Class III landfill under the applicable laws and regulations of the State of California. (28) Industrial Solid Wastes means Solid Waste originating from mechanized manufacturing facilities, factories, refineries, and publicly operated treatment works, and/or Solid Wastes placed in bins and/or roll -off containers. (29) Licensed Equipment means the Solid Waste collection and Recycling vehicles and Solid Waste collection and Recycling plastic carts licensed by the CITY to the CONTRACTOR pursuant to Section 11 of this Agreement. (30) Materials Recovery Facility means a facility permitted as a Solid Waste Facility by the California Integrated Waste Management Board for sorting, separating and processing of Recyclable Solid Wastes as well as the segregation and transportation of non -Recyclable Solid Wastes to a Disposal Site. 4 65B-14 (31) Permitted Solid Waste Facility means a Solid Waste facility for which there exists a Solid Waste Facilities Permit issued by the local enforcement agency and concurred in by the California Waste Management Board. (32) Person shall include, without limitation, associations, clubs, societies, firms, partnerships, sole proprietorships, corporations, schools, colleges and all governmental agencies and entities, as well as individuals, including the officers of such associations, corporations, etc. (33) Processine means the reduction, separation, recovery, conversion or Recycling of Solid Waste. (34) Processing Charges shall mean those portions of the curbside, bin, roll -off container and other rates provided for in this Agreement which compensate CONTRACTOR for Processing Solid Wastes collected by CONTRACTOR in the CITY and delivered by CONTRACTOR to a designated Materials Recovery Facility or Composting Facility. The parties have agreed upon the initial Processing Charges, as set forth hereinafter, and such charges are subject to adjustments as provided in this Agreement. The cost of transporting the residue of the CITY'S Solid Waste stream to a Disposal Site after Processing the Recyclable Solid Wastes therefrom and the cost of transporting Recyclable Solid Wastes to their ultimate destination shall be deemed part of this Processing Charge, but the gate fee charged at said Disposal Site for depositing said Solid Waste residue shall not be included in the Processing Charge. (35) Recyclable Solid Waste means and includes those Solid Wastes which may be sorted, cleansed, treated, processed and/or reconstituted for purposes of reuse. Recyclable Solid Wastes are not a separate category of materials, but merely an evolving portion of the entire stream of Solid Waste generated within the CITY. (36) Recycling means collecting, sorting, cleansing, treating, Processing and reconstituting Recyclable Solid Wastes for the purpose of reuse or sale. (37) Residential Bin Service shall mean Bin Service which is provided by CONTRACTOR to any and all residential users which request or require such services pursuant to this Agreement. (38) Residential Solid Waste means Solid Waste originating from single-family or multiple family dwellings. (39) Roll -Off Service shall mean Solid Waste collection from transportable containers of 10 cubic yards or larger which are dropped off at a residence, commercial or industrial establishment and later removed for collection of contents of said container. Roll -Off Service includes compactors which may be used with roll -off containers. (40) Solid Waste shall mean all Solid Wastes, including, but not by way of limitation, Recyclable Solid Wastes, whether now recyclable or not, generated and/or accumulated by all residential, commercial and industrial sources, and at all construction and demolition sites within the CITY excluding that Solid Waste referred to in Section 9(a) herein; provided, however, that Solid Waste shall not be deemed, for purposes of this Agreement, to include any Hazardous Wastes as defined hereinabove. 5 65B-15 (41) Solid Waste Facility shall include a Composting Facility, Materials Recovery Facility or a transfer station. (42) Source Reduction and Recycling Element shall be the CITY'S plan for meeting the requirements of CIWMA. (43) Waste Type means identified wastes having the features of a group or class of wastes that are distinguishable from any other Waste Type, as identified by the CITY'S Source Reduction and Recycling Element. (44) Yard Waste means any wastes generated from the maintenance or alteration of public, commercial or residential landscapes including, but not limited to, leaves, yard clippings, tree trimming, brush, weeds and pruning. (45) Yard Waste Diversion shall mean the diversion from the waste stream of yard waste or organic waste and the composting, mulching, and/or transformation thereof. 4. SCOPE OF SERVICE: (a) CONTRACTOR shall furnish all labor, material, facilities and equipment necessary, except for those vehicles and equipment which the CITY shall license to CONTRACTOR pursuant to Section 11 herein, for the collection of all Solid Waste originating, generated and/or accumulated by any person within CITY boundaries, as they now exist or may hereafter exist, and shall transport, process, Recycle, divert by means of composting, mulching and/or transforming and/or dispose of said Solid Waste in compliance with the terms of this Agreement. (b) All Solid Waste collected by CONTRACTOR within the CITY shall not be commingled in equipment and/or vehicles used by CONTRACTOR, whether such equipment and vehicles are owned by or licensed to CONTRACTOR pursuant to Section 11 herein, with Solid Waste from any other jurisdiction or person from outside the CITY limits; however, in the event of an emergency vehicle breakdown, a vehicle from a neighboring jurisdiction may complete the route of the vehicle which broke down. In this case, the CONTRACTOR must notify the CITY in writing within twenty four (24) hours of such emergency breakdown and must also provide the CITY with the allocation of tonnages contained in the vehicle. 5. COLLECTION HOURS: (a) All collections from residential areas shall be made between the hours of 6:00 a.m. and 6:00 p.m. Collections from commercial and industrial locations greater than 100 feet from residential units may start at 3:00 a.m. and must terminate by 9:00 p.m., however, if complaints are received from such residential units, the Executive Director may direct that collections in such areas shall be made between the hours of 6:00 a.m. and 6:00 p.m. and in that event CONTRACTOR agrees to comply with such order. (b) Notwithstanding section (a) above, Solid Waste collected pursuant to Section 13 hereto shall be collected pursuant to the provisions contained therein. 6 65B-16 6. HOLIDAYS: Where, on a given route, the day of collection would be a legal holiday, CONTRACTOR shall collect along said route on the work day next following said legal holiday and collection on each day during said holiday week shall be similarly delayed one day. Legal holidays for the purpose of this Agreement shall be New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day and such other days as may be mutually agreed upon in advance by the parties, 7. FREOUENCY OF COLLECTIONS: The Contractor will collect all Solid Waste from all areas of the CITY at least once each week and in addition will provide more frequent service for those Customers using the Bin Services or Roll -Off Services supplied by CONTRACTOR if requested by a Customer or if required by the CITY. Contractor shall provide additional collection services as set forth in Sections 14 (e) and (f), u . t�Y ► : ► yTi] Y :I_ iJ *1 Presently existing routes, schedules and times for collection of Solid Waste shall be maintained but may be changed by authorization of the Executive Director and at least one week's advance notification by CONTRACTOR to occupants of the buildings in the area where the changes are to be made. 9. EXCLUSIVENESS OF AGREEMENT: — — — — Piave" -the -exclusive -duty,- -60-it and privilege- tG transport, process, Recycle, divert by means of composting, mulching, and/or transforming, retain and dispose of all Solid Waste, as defined in this Agreement, generated and/or accumulated within the CITY, except as provided below. CONTRACTOR recognizes that this grant of exclusiveness is subject to the restraints provided in Public Resources Code Sections 49520 et seq. (a) The grant of exclusiveness shall not include Construction and Demolition Solid Waste which has accumulated and/or been generated at a temporary construction site and which is being disposed of in roll -off containers or in bins. (b) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who own the premises upon which solid waste has been generated or accumulated, from personally collecting, transporting and disposing of their own Solid Waste so long as they dispose of such Solid Waste at a site permitted by the California Integrated Waste Management Board in accordance with all governing laws and regulations. (c) This Agreement shall not prohibit the persons who generate Solid Waste, or the persons who own the premises upon which Solid Waste has generated or accumulated, from: (1) selling their Recyclable Solid Wastes, or, (2) donating their Recyclable Solid Wastes; provided, however, that in both instances: (a) the person must, on its premises, personally segregate (by Waste Type) from other Solid Waste the Recyclable Solid Waste to be sold or donated, and (b) 65B-17 the person may not pay the buyer or the donee any sums, consulting fees or other fees in lieu of charging for collection, or other tangible consideration for collecting, Processing or transporting such segregated Recyclable Solid Wastes. A person who simply receives a discount of, or reduction in, the collection and disposal service rates of its unsegregated Solid Waste shall not be deemed to be selling or donating Recyclable Solid Wastes for purposes of this exception. (d) This Agreement shall not prohibit a gardener, tree trimmer or person engaged in landscape maintenance who has a business license to operate in the CITY from collecting yard waste or other organic Solid Wastes which it generates as an incidental portion of providing its licensed services. Any yard waste or other organic Solid Waste collected pursuant to the exception provided by this subsection must be transported by the gardener, tree trimmer or person to a composting facility permitted by the California Integrated Waste Management Board in accordance with all laws and regulations. (e) This Agreement shall not prohibit collectors of Solid Waste originating outside the CITY from hauling such Solid Waste over CITY streets, provided such collectors comply with any governing laws or ordinances. (f) CONTRACTOR's right to collect and/or dispose of Solid Waste shall not be exclusive in the event of a failure to collect under Section 34 of this Agreement during which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, for any reason, including a strike by CONTRACTOR's employees or similar labor dispute. The CITY may provide for collection and/or disposal by persons other than CONTRACTOR during such periods and may permit the public to obtain collection and/or disposal services from persons other than CONTRACTOR _during such_periods,_including CONTRACTOR's Bin and/or Roll -Off Service Customers. (g) CONTRACTOR shall not have the exclusive right to collect and dispose of Solid Waste by providing Bin and/or Roll -Off Service if the conditions stated in Section 28(c) are applicable. 10. SOLID WASTE FRANCHISE FEE: (a) CONTRACTOR shall pay to the CITY, as a franchise fee, twenty-six and fifteen - hundredths percent (26.15%) of the Gross Receipts received by CONTRACTOR for each applicable period, provided that the actual amount payable to the CITY under this Agreement remains unchanged from the Third Amended Agreement. The parties agree that this franchise fee is intended to compensate the CITY in the same amount and in the same manner as in the Third Amended Agreement between the parties. This amount may be increased by resolution of the City Council and, whenever said franchise fee is increased by resolution of the City Council, CONTRACTOR shall be permitted to pass through to its Bin Service Customers and Roll -Off Service Customers one hundred (100%) percent of the amount of such increase. Payments to the CITY of said franchise fee shall be made to the CITY on a monthly basis and shall be due and payable on or before the last calendar day of the following month. Accompanying each payment will be a listing of the Gross Receipts for that corresponding month. CONTRACTOR shall, whenever requested to do so, make available such records to the Executive Director at any reasonable time. (b) Failure of CONTRACTOR to make any of the payments provided for in section (a) above on or before the dates due will result in a penalty of ten (10%) percent per month to CONTRACTOR. 11. AUTOMATED SYSTEM: (a) -(f) Intentionally Omitted (g) REPLACEMENT OF RESIDENTIAL AND COMMERCIAL COLLECTION VEHICLES: When any collection vehicles used by CONTRACTOR to provide services under this Agreement, have reached the end of their useful lives, the CONTRACTOR will provide at its expense, new low -emission collection vehicle replacements which meet or exceed the emission requirements of all Federal, State or Local air quality laws or regulations. All residential collection vehicles will display the City's recycling logo. The CONTRACTOR will also replace the Solid Waste collection and Recycling plastic carts as described in Exhibit A with new carts as needed. All replacement vehicles and carts provided shall be owned and operated by the CONTRACTOR. 12. COLLECTION POINTS AND REOUIREMENTS: (a) CONTRACTOR shall not be required to collect Solid Waste from any Curbside Service Unit unless the same is placed on the curb along a public or private street, or along an alley having street access at both ends, and is placed in Solid Waste collection and Recycling plastic carts provided to the Curbside Service Unit by CONTRACTOR and is prepared for collection in a manner prescribed by the CITY'S regulations covering the same. Under no circumstances shall CONTRACTOR be required to pick up and collect any material or matter - - - — -which-i-s-noi Soud Wasie as denned in tliis Agreament, or to pick up anTcolliecEany"Solid Waste from Curbside Service Units which does not comply with the following standards and limitations: (1) All Solid Waste shall be placed in the Solid Waste collection and Recycling plastic carts provided by CONTRACTOR to each Curbside Service Unit pursuant to the following: (a) Non -Recyclable Solid Waste shall be placed in burgundy plastic carts provided by CONTRACTOR; (b) Recyclable Solid Waste shall be placed in grey plastic carts provided by CONTRACTOR; and, (c) Yard Waste shall be placed in green plastic carts provided by CONTRACTOR. (2) All non -Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste shall be placed in the appropriate Solid Waste collection and Recycling plastic carts adequate to eliminate overflow or contamination of surrounding areas. Any non -Recyclable Solid Waste, Recyclable Solid Waste and/or Yard Waste which is not placed in a Solid Waste plastic cart which has been provided to the Curbside Service Unit will not be picked up; and, 65B-19 (3) Large, heavy items, including, without limitation, water heaters, couches, tables, refrigerators, stoves, and large pieces of furniture or household equipment shall be considered bully items which may be disposed of under the provisions of Section 21. (b) The aforementioned requirements to place non -Recyclable Solid Waste, Recyclable Solid Waste and Yard Waste in appropriate Solid Waste collection and Recycling plastic carts shall not apply to Christmas trees properly placed for collection. (c) Whenever any Solid Waste that does not comply with the above standards and limitations is not collected by CONTRACTOR, CONTRACTOR shall leave a notice, the format of which is subject to the approval of the CITY, indicating the reason for non -collection at such Curbside Service Unit. Said notice shall also contain the CONTRACTOR'S business name and his local telephone number. A copy of said notice shall be delivered, or sent via telephone facsimile, to the CITY upon request by the Executive Director and, if the reason for noncollection is not corrected within seven (7) days, CONTRACTOR shall notify the CITY as to this continued noncollection. 13. SERVICES TO BE PROVIDED BY CONTRACTOR TO CITY FOR CITY OPERATIONS: (a) CITY GOVERNMENT OPERATIONS: CONTRACTOR shall collect all Solid Waste and Construction and Demolition Solid Waste which is generated by CITY government operations at no cost to the CITY. The CITY shall provide CONTRACTOR with a list of locations of bins and/or roll -off containers fiom which such Solid Waste shall be collected. Said list may be modified by time to time by the Executive Director. Solid Waste generated by such _ CITY_ operations shall be _collected _by CONTRACTOR per_ a_ schedule provided to CONTRCT AOR by the Executive Director which schedule shall be approved between the_ CONTRACTOR and the Executive Director." (b) STREET SWEEPING: The CONTRACTOR will coordinate with the Executive Director to ensure that Solid Waste collection is compatible with the CITY'S street sweeping operations. CONTRACTOR will be required to complete their designated routes each day so as not to interfere with the CITY'S street sweeping operations. (c) NEIGHBORHOOD CLEANUPS: The Contractor shall supply rolloff containers for CITY sponsored neighborhood cleanups at no cost to the CITY. The number of roll off containers shall not exceed a maximum total number of three hundred (300) containers annually. Notwithstanding the above, at any time that the CITY determines that the number of collections and/or the number of roll -off containers provided for in section (c) is not adequately meeting the CITY'S needs, then the CITY and CONTRACTOR agree to meet and confer regarding these provisions, and may, by mutual agreement, modify the number of collections and/or roll -off containers. (d) The CONTRACTOR shall coordinate with the Executive Director to provide household hazardous waste collection events allowing residents to deliver their waste to a collection site for proper disposal by CONTRACTOR. 10 65B-20 (e) The CONTRACTOR shall administer a Residential Mail -Back Service, providing containers approved for safe disposal of used medical sharps by residents. When the container is full, the resident will mail it for incineration at an authorized facility. This program will be offered to residential customers who, for medical reasons, require the use of medical sharps. 14. COLLECTION, RECYCLING, YARD WASTE DIVERSION AND DISPOSAL, (a) CURBSIDE SERVICE: CONTRACTOR shall provide each Curbside Service Unit within the CITY with a minimum of three (3) Solid Waste collection and Recycling plastic carts. Any provision of less than three (3) such plastic carts to any Curbside Service Unit shall be approved by the Executive Director. Each Solid Waste plastic cart shall be a different color as described in Section 12 above. CONTRACTOR shall be required to collect contents of each Solid Waste plastic cart once per week and CONTRACTOR shall be required to process the contents of said plastic carts as follows: (1) Non -Recyclable Solid Waste Collection and Recycling Plastic Carts: Contents of plastic carts containing Solid Waste shall be hauled directly to a legally authorized Disposal Site pursuant to subsection (e) herein. (2) Recyclable Solid Waste Collection and Recycling Plastic Carts: The contents of containers containing Recyclable Solid Waste shall be hauled to a Material Recovery Facility ("MRF"), which MRF shall be acceptable to the CITY, for Processing and diversion. All Solid Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S Source Reduction and Recycling__Element_("SRRE"). In_ the event that the MRF_ _ _, approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with CIWMA. (3) Yard Waste Collection and Recycling Plastic Carts: The contents of the plastic carts containing Yard Waste will be transported to a Composting Facility which meets all state, federal and local laws for Yard Waste Diversion and which is acceptable to the CITY. CONTRACTOR shall be responsible to ensure that the Yard Waste collected by CONTRACTOR is diverted in compliance with CIWMA and the CITY'S SRRE. (b) BIN SERVICE: CONTRACTOR shall operate a Recycling program as described herein for Bin Service. Such Recycling program shall require that CONTRACTOR take the Solid Waste in bins which have clean "dry" loads to a MRF which is acceptable to the CITY for Processing and diversion. CONTRACTOR shall guarantee that, at a minimum, fifty (50%) percent of the tonnage of Solid Waste which is contained in bins and which is determined to have a high recyclable content will be transported to a MRF. All Solid Waste which is transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with CIWMA. CONTRACTOR shall be permitted to transport directly 11 65B-21 to a legally authorized Disposal Site those bins which are determined to have limited Recycling potential due to food or other types of contamination. Any modifications to the above - referenced percentage shall be approved by the Executive Director and shall be based on the diversion realized. (c) ROLL -OFF SERVICE: CONTRACTOR shall process all Solid Waste collected from its Roll -Off Service in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from roll -off service within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All Solid Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use of such a facility so as to ensure the CITY'S compliance with CIWMA. (d) TEMPORARY BIN SERVICE: CONTRACTOR shall process all Solid Waste collected from temporary bins, not including Construction and Demolition Solid Waste, in compliance with the CITY'S SRRE and CIWMA. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from temporary bins within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. All Solid Waste transported to said MRF shall be processed and the portion thereof which is recyclable shall be recycled by Waste Type in amounts so as to comply with CIWMA and the CITY'S SRRE. In the event that the MRF approved by the CITY is not operated by the CONTRACTOR, CONTRACTOR will be responsible to subcontract for the use -ofsuch_a facilitvsoas to_ensure.the CITY'S. compliance-with-CIWMA.__ (e) PARKWAY CLEAN-UP FOLLOWING GARAGE SALES: CONTRACTOR shall provide 2 employees in a "front -loader" vehicle that will devote 60 hours each six working days following the quarterly garage sales to canvass the City neighborhoods in order to remove debris left in the parkways after garage sales. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from Parkway Cleanups within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. (f) ALLEY CLEAN-UP FOLLOWING THE 1sT OF EACH MONTH: CONTRACTOR shall provide 2 employees in a "front -loader" vehicle that will devote 60 hours each six working days following the first day of each month and six working days during the third week of the month to canvass the City neighborhoods in order to remove debris left in alleyways following relocations. CONTRACTOR shall transport all Solid Waste collected by the CONTRACTOR from Alley Cleanups within the CITY boundaries to a state permitted MRF, as provided in, and in compliance with, CIWMA, which MRF shall be acceptable to the CITY. (g) DISPOSAL: CONTRACTOR shall be required to dispose of any and all Solid Waste which is not recycled or diverted by means of composting, mulching and/or transforming pursuant to the terns of this Agreement, at a legally authorized Disposal Site(s) as designated by the CITY. If CONTRACTOR is directed to dispose of said Solid Waste at a location other than 12 65B-22 the County of Orange's Disposal Sites, both parties agree to meet and confer regarding any potential rate adjustments which may be necessitated thereby. Should Disposal Sites become unavailable in Orange County at any time during the term of this Agreement, CONTRACTOR hereby guarantees disposal at another Disposal Site owned and operated by CONTRACTOR or an affiliate, and both parties agree to meet and confer regarding any potential rate adjustments which may be necessitated thereby. Additionally, CONTRACTOR hereby agrees and guarantees to the CITY that the CITY will be indemnified for CERCLA liability for any Solid Waste collected by the CONTRACTOR in the CITY which is delivered to CONTRACTOR's landfill. (h) CONTRACTOR will act as the contracting body and lead agency with the MRF and Composting Facility with respect to this Agreement and shall be responsible for, and insure that, both facilities act so as to meet the requirements of both this Agreement and CIWMA. (i) CONTRACTOR hereby agrees and guarantees to the CITY that CONTRACTOR will do each, every and all things required to ensure that all Solid Waste generated, produced or accumulated in the CITY which is collected by CONTRACTOR will at all times be in full compliance with all of the provisions of the CITY'S SRRE, CIWMA, and amendments thereto adopted hereafter, and will protect, indemnify, pay, save, defend, and hold the CITY harmless from any and all loss, expense, damage, fines, penalties and liability of every kind and nature whatsoever by virtue of any non-compliance with such CITY and statutory requirements, provided, however, that CONTRACTOR shall not be responsible to the extent Solid Waste is generated in the CITY and collected, processed or disposed of, by other than CONTRACTOR. Further, CONTRACTOR agrees to protect, defend, with counsel approved by the CITY, and indemnify CITY against any and all fines and/or penalties imposed by the California Integrated Waste Management Board in the event that the diversion quantities contained in the CITY'S SRRE, or any other requirement of CIWMA, are not met. 15. [RESERVED] 16. CIWMA REPORTING REOUIREMENTS: CONTRACTOR shall prepare and submit to the CITY, on forms previously approved by the CITY, all monthly or annual reports required of the CITY pursuant to the CIWMA. In addition thereto, within sixty (60) days after the end of each calendar year, the CONTRACTOR shall provide to the CITY an annual report which: (a) provides a collated summary of all the information contained in the monthly reports referred to above; (b) provides a narrative description of all public awareness activities of CONTRACTOR during the past one year which may have impacted Recycling participation; and (c) provides a discussion of Recycling and source reduction program highlights and difficulties. CITY may require additional reports from CONTRACTOR should the reports requested, or submitted, pursuant to this section not satisfactorily fulfill the CITY'S requirements. 17. SRRE CONSULTANT: (a) CONTRACTOR shall provide consultant services as necessary to modify the CITY'S SRRE as required by either the County of Orange AB 939 Local Task Force and/or the State of California. The consultant to perform such services shall be approved by the CITY. Such 13 65B-23 consultant services shall be provided upon request by the CITY and shall be subject to final approval of the CITY. The CONTRACTOR shall be responsible for a maximum cost for such services of twenty thousand ($20,000.00) dollars per fiscal year. Any costs incurred by the CONTRACTOR for services approved by the CITY which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be the responsibility of the CITY as provided in section (b) below. (b) CONTRACTOR shall submit a monthly report showing consultant services performed for the preceding month. Subject to the approval of the Executive Director, any costs for approved services which exceed twenty thousand ($20,000.00) dollars per fiscal year shall be made by the CITY within thirty (30) days of receipt of said report for work satisfactorily performed. 18. PUBLIC EDUCATION SERVICES: The CONTRACTOR shall be responsible for the provision of public education services as provided in the CITY'S SRRE. These services shall include, but are not limited to, the following items: (a) the production and distribution of a pamphlet containing trash regulations and holidays to all Customers and Curbside Service Units on a yearly basis and to all new service starts at service initiation; (b) the production and distribution to all Customers and Curbside Service Units every year of pamphlets concerning source reduction, Recycling and/or Yard Waste Diversion on an annual basis and to all new service starts at service initiation; -00-- — Phe- periibi mangy as-needed, of —conummity presentations ou source reduction, Recycling and Yard Waste Diversion, including the production of all presentation materials; (d) the provision, as necessary, of technical assistance in the areas of source reduction, Recycling and Yard Waste Diversion; (e) the establishment and maintenance of a telephone hotline to receive calls from the public and provide information concerning integrated waste management; (f) cooperation in the production of an integrated waste management video for use by the CITY; and, (g) development and management of grants pursuant to the regulations contained in the CIWMA and/or adopted by the California Integrated Waste Management Board including the Department of Conservation and other governmental agencies that offer grants related to collection and recycling services provided under the Agreement. Contractor shall be compensated $75.00 per hour for grant administrator's time to development and administer the grant programs. Annually, on July 1, or as soon thereafter as the CiWMB determines the level of funding to be provided to City, the City and CONTRACTOR will set the compensation and level of service for collection of used oil containers and filters. 14 65B-24 This Section may be reasonably modified from time to time as deemed necessary and appropriate by the Executive Director, including increased grant compensation paid to Contractor upon a writing executed by the Executive Director. The CONTRACTOR shall be required to work with the Executive Director in the preparation and production of the services listed and to proceed in the rendering of such services as the CITY dictates. Any services required hereunder shall require the Executor Director's approval prior to the execution thereof. 19. STANDARDS FOR COLLECTION, EQUIPMENT AND NOISE: (a) Equipment and vehicles used by CONTRACTOR, whether owned by or licensed to CONTRACTOR, for the collection and hauling of Solid Waste shall be used so as to assure, in the reasonable opinion of the Executive Director, that adequate standards of collection will be maintained. All loads in CONTRACTOR's vehicles shall be kept completely covered at all times except when material is actually being loaded or unloaded or where the vehicles are on route in the process of collection. The collection equipment must be designed and operated in such a manner as to prevent Solid Waste from escaping the vehicle, Any spillage of materials which occurs during the collection process shall be immediately cleaned up by the CONTRACTOR at its expense. Further, all vehicles used by the CONTRACTOR pursuant to this Agreement which are not owned by the CITY shall be registered by CONTRACTOR with the Department of Motor Vehicles of the State of California. The CONTRACTOR's vehicles and equipment shall be subject to inspection by the CITY. (b) It is the declared interest of the CITY that the CONTRACTOR be able to provide a variety of sizes of bin and roll -off containers to meet the capacity requirements of commercial and residential bin and roll -off container users. No material shall be permitted to leak, fall or be spilled -on CITY streets -alleys or -high -ways.- Ant such_lleakago9t. spills--occurring_shall-- e immediately corrected and the area cleaned at the CONTRACTOR's expense. The equipment used must -be maintained in good mechanical condition and must employ adequate safety conditions for the operating personnel. (c) All collections shall be made as quietly as possible and no unnecessarily noisy trucks or equipment shall be used. Employees of the CONTRACTOR who are unnecessarily noisy or who violate the provisions of the State Motor Vehicle Code and/or any applicable CITY ordinance in the collection of said materials shall be disciplined pursuant to CONTRACTOR'S performance standards. (d) CONTRACTOR shall equip all Solid Waste collection and Recycling vehicles which collect Solid Waste within the CITY with informational displays. The CITY shall advise CONTRACTOR as to the messages which should be displayed while said vehicles are operating for the CITY. The CITY may, at its option, have the messages to be displayed changed once per year. 20. MAINTENANCE OF BINS AND ROLL -OFF CONTAINERS: (a) Bins and roll -off containers provided by CONTRACTOR shall be of a design and size to contain, at all times, the contents therein in such a manner as to promote best possible housekeeping conditions. Bins and roll -off containers supplied by the CONTRACTOR shall, at 15 65B-25 all times, be maintained by it in a well -kept appearance and shall be marked with reflectorized material where such bins and/or roll -off containers are or may reasonably be expected to be located in the public right-of-way. Customers shall be responsible for the cleanliness, sanitation and deodorizing of such bins and roll -off containers; provided, however, CONTRACTOR shall provide in its agreements with its Customers for a bin or roll -off container cleaning service, including painting either as needed, at the request of the Customer or at the request of the CITY, for a fee of twenty five ($25.00) dollars. (b) Curbside Service Units shall be responsible for the cleanliness and sanitation of the Solid Waste collection and Recycling plastic carts provided to such units. (c) CONTRACTOR shall cause to have graffiti removed from bins within two (2) business days and from roll -off containers within five (5) business days of a request by CITY to do so. Failure to remove the graffiti within the required two (2) business days for bins and five (5) business days for roll -off containers, excluding holidays, shall result in the assessment of a two hundred dollar ($200.00) fine to the CONTRACTOR. CONTRACTOR may charge the user of a bin or roll -off container which requires such graffiti removal a charge of twenty five ($25.00) dollars per incident. (d) The Solid Waste collection and Recycling plastic carts receiving curbside service shall be replaced where found by CONTRACTOR. The CITY reserves the right, upon submission of proof by the Curbside Service Unit, to withhold sufficient compensation under this Agreement to adjust and pay any claim for Solid Waste collection and Recycling plastic carts damaged by the willful or careless acts of the employees of the CONTRACTOR. Repairs and replacement costs for said plastic carts shall be borne by CONTRACTOR; provided, however, that such repairs and/or replacements_ costs shall not be borne by CONTRACTOR when caused by the wanton or intentional destruction thereof by the Curbside Service Unit. Curbside Service Units shall be billed by CONTRACTOR for replacements caused by intentional or wanton destruction. 21. COLLECTION OF BULKY ITEMS: In order to promote public sanitation and reduce fire hazards, CONTRACTOR shall provide to all Curbside Service Units the service of curbside collection of bulky items such as couches, refrigerators, rugs, water heaters, and other items of Solid Waste, which CONTRACTOR is not required to collect under Section 12 because of size or weight, as follows: (a) Upon request by a Curbside Service Unit within the CITY, CONTRACTOR shall provide no more than two at -demand bulky item collections per year per Curbside Service Unit at no additional cost. Each such Curbside Service Unit is limited to a maximum of four (4) bulky items (or twenty (20) bags of yard waste) per pick-up request. Such collection services shall provide the opportunity of having large objects, and other Solid Waste which is not required to be picked up pursuant to this Agreement, picked up and processed properly. Requests by Curbside Service Units for such collections shall be made directly to the CONTRACTOR who shall provide satisfactory telephone message receiving, transmitting and response procedures and who shall be responsible for maintaining a log of such large item collections. At demand pick ups shall be responded to by CONTRACTOR within a reasonable time but no more than five (5) 16 65B-26 working days after such a request is received. Requests for more than two (2) at -demand collections per year shall cost thirty ($30.00) dollars per collection and shall be billed to the Curbside Service Unit requesting the additional collection by the CONTRACTOR. (b) CONTRACTOR shall provide assistance of removal of bulky items on private property to senior citizens and the disabled at no cost. (c) CONTRACTOR shall provide for the collection and recycling of televisions, computer monitors and computer laptops as part of the Bulky Item collection program. (d) CONTRACTOR shall provide on -request bulky item collection for commercial and residential bin service customers, as set forth in subsection 21. (a), above. Each such request for Residential/Commercial bulky item pick up shall cost forty-two dollars and eighty cents ($42.80) per collection and shall be billed to the residential/commercial bin service customer requesting the additional collection by CONTRACTOR. 22. CURBSIDE SERVICE PAYMENTS: (a) The CONTRACTOR shall establish rates for its provision of curbside services pursuant to this Agreement. Such rates shall in no case exceed those set forth on Exhibit "C" attached hereto and incorporated herein by this reference. The City shall collect on behalf of the CONTRACTOR the rates established by the CONTRACTOR for said services. Rates collected and paid to the CONTRACTOR shall be based on the total number of Curbside Service Units billed by the CITY for curbside service during that month. CITY shall make billing records available to CONTRACTOR upon reasonable notice for the purpose of auditing such records, — '(b) --1 emiltance-Fo The -CONTRACTOR of payments collecfed-by the CIT- for curbside service shall on a monthly basis. (c) Payments to be made to the CONTRACTOR shall be reduced each month by an amount equal to the total monthly payment on the C.O.P.s. A monthly payment schedule of the maximum amount of monthly payments on the C.O.P.s will be attached as Exhibit "D" once they are issued. The payments to be made to CONTRACTOR shall not be reduced to the extent of any.credits against installment payments received by the CITY pursuant to Section 4.01 of the IPC. 23. RESIDENTIAL BIN SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying Bin Service to residential bin users by direct billing of the Customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each Residential Bin Service Customer. A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR. (b) Rates for Residential Bin Service, including Gate Fees, Hauling Charges, Processing Charges and any Recycling and Yard Waste Diversion, shall be established by the CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto and 17 65B-27 incorporated herein by reference. CONTRACTOR shall make records containing Residential Bin Service available to the Executive Director at any reasonable time. 24. COMMERCIAL/INDUSTRIAL BIN SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying Bin Service to commercial/industrial bin users by direct billing of the Customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each such Bin Service Customer. A copy of every such agreement shall be made available to the Executive Director by CONTRACTOR. (b) Rates for Commercial/Industrial Bin Service, including Gate Fees, Hauling Charges, Processing Charges and any Recycling and Yard Waste Diversion, shall be established by the CONTRACTOR and shall not exceed those set forth on Exhibit "C" attached hereto. CONTRACTOR shall make records containing Commercial/Industrial Bin Service available to the Executive Director at any reasonable time. 25. ROLL -OFF SERVICE RATES: (a) The CONTRACTOR shall receive compensation for supplying Roll -Off Service by direct billing of the Customers receiving such service by means of separate agreements entered into between the CONTRACTOR and each such Customer copy of every such agreement shall be made available to the Executive Director by CONTRACTOR. Roll -off Service shall be provided at a minimum of three (3) dumps per month per Customer. (b) Rates for Roll -Off Services, including container delivery, collection, hauling and -- transporTation—shalibe esTa'biisrien bylie CONTti`ACTOR and shall not ezceee -those seTfoith- - - - on Exhibit "C" attached hereto. CONTRACTOR shall make records containing Roll -Off Service available to the Executive Director at any reasonable time. 26. COMPENSATION FOR GRANTS: CONTRACTOR shall be permitted to obtain compensation in an amount approved by the Executive Director for the management of grants pursuant to Section 18(g) herein. 27. ADJUSTMENTS TO CHARGES: (a) HAULING AND PROCESSING CHARGES: (1) PRICE INDICES: The two indices which will be used for determining adjustments to Hauling and Processing Charges shall be the December Consumer Price Index ("CPI") for All Urban Consumers (base years 1982-1984 = 100) for Los Angeles -Anaheim - Riverside CMSA, published by the United States Department of Labor, Bureau of Labor Statistics and the December Producer Price Index ("PPI"), Diesel Fuel #2 (#057303). When both indices are to be used to determine an adjustment to the Hauling and Processing Charges, then the adjustment formula shall be as follows: the CPI shall be weighted at ninety (90%) percent and the PPI shall be weighted at ten (10%) percent. (2) CURBSIDE SERVICE: The Hauling Charges and Processing Charges for curbside service shall be adjusted annually, using the CPI and PPI adjustment formula set forth in subsection (a)(1) above without limitation; provided, however, that adjustments permitted to the Hauling and Processing Charges during this time period shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum adjustment per year. (3) BIN SERVICE AND ROLL -OFF SERVICE: From July 1, 1997 until the termination of this Agreement, the Hauling and Processing Charges for Bin Service and Roll -Off Service shall be adjusted in accordance with the CPI and PPI adjustment formula set forth in subsection (a)(1) above. Adjustments to the Hauling and Processing Charges for Bin Service and Roll -Off Service shall be calculated at seventy five (75%) percent of the CPI with a five (5%) percent maximum adjustment and a zero 0% percent minimum adjustment per year. (b) GATE FEES: Should any increase or decrease in the Gate Fees charged by a Disposal Site occur during the term of this Agreement, CONTRACTOR shall be permitted to pass through to both its Bin Service Customers and its Roll -Off Service Customers and CITY shall pass through to its Curbside Service Units one hundred (100%) percent of such increase or decrease in the Gate Fees for that portion of the Solid Waste which is taken to the Disposal Site. CITY shall pass through to CONTRACTOR such increase or decrease in its curbside service payments to CONTRACTOR. Should a change in Gate Fees become effective on July 1st of any year, the parties agree to utilize the tonnages from the previous calendar year to determine the percentage of Solid Waste that is taken to the Disposal Site. (c) SOLID WASTE FRANCHISE FEE: Should any increase or decrease in the Hauling and Processing Charge or the Gate Fees occur during the term of this Agreement, _ CONTTRACTOR shall e permitted to pass through to Bin Service Customers and its Roll -Off Service Customers the corresponding increase or decrease incurred by CONTRACTOR for the Solid Waste franchise fee which CONTRACTOR is required to pay to the CITY pursuant to Section 10 herein. (d) SMART FEES: Notwithstanding any provision of this Section 27 to the contrary, the SMaRT Fees (as defined in Section 7 of Exhibit "C" herein), shall not be subject to adjustment by CPI, PPI or any other index. Rather, the SMaRT Fees may be adjusted annually, in accordance with the SMaRT Program, not to exceed a maximum amount of five (5%) percent per annum. 28. SPECIAL BIN SERVICES AND CUSTOMER SERVICE REOUIREMENTS: (a) The CONTRACTOR may enter into agreements with Bin Service Customers for special collection services different from, in addition to, or greater than the minimum collection services required by this Agreement. The special fees which CONTRACTOR may charge Bin Service Customers are set forth on attached Exhibit "C." (b) CONTRACTOR shall not be permitted to charge a special fee for moving a bin from between buildings, other than the fees permitted as set forth on attached Exhibit "C". Further, CONTRACTOR may not charge a fee when it is required to move its vehicles in reverse 19 65B-29 for purposes of emptying a bin. Circumstances not covered by any of the above or on attached Exhibit "C" shall require an inspection by the CITY prior to a determination of the charges which may be imposed. The decision of the Executive Director in respect to these charges shall be final. A brief explanation of each special service charge must be included on every Customer's billing. (c) In the event the CONTRACTOR is unable to provide temporary service to any Customer within five (5) calendar days after receipt of a call by such Customer, the Executive Director may permit any other licensed hauler to provide temporary service to such Customer if, but only if, CONTRACTOR has not provided such service within twenty-four (24) hours after reasonable notification by the Executive Director to CONTRACTOR. 29. MINIMUM SERVICE LEVELS - MULTI -FAMILY RESIDENTIAL BUILDINGS: (a) CITY shall require that all residential buildings with three or more dwelling units be served by Bin Service, except that CITY may waive such requirement for any residential buildings with four (4) or more units existing on January 1, 1972 and for any residential buildings with three (3) units existing on February 23, 1983, upon a determination that no lawfully usable space is available for such container within the boundary lines of the subject property. The CONTRACTOR shall provide bin containers of such capacity and collections of such frequency for residential buildings required to have Bin Service by this section as to provide for Solid Waste collection of not less than one-half (1/2) of one (1) yard of Solid Waste collection per dwelling unit per week. In all cases, collections shall be made at least once per week. CONTRACTOR shall comply with any request by the Executive Director to change the scheduled collection days for Residential Bin Service Customers, which is designed to promote conformity of Bin Service collections in any specified area of the CITY to improve sanitation or reduce noise. (b) In the event that Solid Waste being disposed of at a Residential Bin Service building exceeds the bin capacity for such building, CONTRACTOR shall notify the Executive Director who shall cause an inspection to be made of the premises. If the Executive Director determines that there is insufficient bin capacity at said location, he shall cause written notification to be given to the property owner and/or person in possession of the property. Said notification shall contain the date of the reported overflow of Solid Waste from the bins. The notice shall also inform the property owner and/or person in possession of the property that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the property owner and/or person in possession of the property will be required to increase the number of bins, the size of the bin, or the frequency of collections, up to the equivalent of two (2) cubic yards per dwelling unit per week. In the event that this should occur, the Executive Director shall determine whether to increase the number of bins or the frequency of collections and CONTRACTOR shall furnish such additional services and shall be entitled to compensation from the Customers to the same extent as if the Customer requested such additional collections from the CONTRACTOR. 20 65B-30 30. MINDIUM SERVICE LEVELS - COMMERCIAL/INDUSTRIAL BIN SERVICE AND ROLL -OFF SERVICES City shall require that all commercial and/or industrial units and/or buildings be served by Bin Service or Roll -Off Service; provided, however, that this requirement may be waived by the Executive Director. In the event that Solid Waste being disposed of at a commercial/industrial bin or roll -off container unit exceeds the bin or roll -off container capacity for such building, CONTRACTOR shall notify the Executive Director who shall cause an inspection to be made of the premises. If the Executive Director determines that there is insufficient bin or roll -off container capacity at said location, he shall cause written notification to be given both to the business and the property owner. Said notification shall contain the date of the reported overflow of Solid Waste from the bin or roll -off container. The notice shall also inform the business and property owner that should another incident of overcapacity occur within thirty (30) days following the date of the original incident, the business and/or property owner will be required to increase the number of bins or roll -off containers, or the frequency of collections. In the event that this should occur, the Executive Director shall determine whether to increase the number of bins or roll -off containers, the size of the bin or roll -off container, or the frequency of collections and CONTRACTOR shall furnish such additional services and shall be entitled to compensation from such Customers to the same extent as if the Customer requested such additional collections from the CONTRACTOR. 31. SERVICE STANDARDS: (a) The CONTRACTOR's office shall be accessible by a local or toll-free telephone number. The CONTRACTOR's office hours shall be open at a minimum from 8:00 a.m. to 5:00 p.m. Monday through Friday and from 8:00 am, to noon on Saturdays. CONTRACTOR's offices_ shall be closed on Sundays and holidays. The CONTRACTOR shall have an answering machine in operation after normal business hours, and on Sundays and holidays thus enabling the public to leave a message. The CONTRACTOR shall have the capability of responding to the public in English and Spanish during office hours. (b) CONTRACTOR may charge a delinquency fee of not more than ten (10%) percent per month on accounts which have not remitted required payments within 30 days after the date of billing, Should payment not be received within 45 days of billing, CONTRACTOR shall notify said Customer on forms approved by the CITY that services may be discontinued 15 days from the date of the notice if payment is not made before that time. Upon payment of the delinquent fees, CONTRACTOR shall resume collection on CONTRACTORS next regularly scheduled collection day. CONTRACTOR shall provide the CITY with a bi-weekly list indicating the Customers which have had service ceased due to nonpayment. 32. SUPERVISION: Performance of each of the provisions of this Agreement shall be under the direction and supervision of the Executive Director. The CONTRACTOR shall furnish the Executive Director every reasonable opportunity of ascertaining whether or not the work is performed in accordance with the requirements of this Agreement. The CONTRACTOR shall designate a person to serve as agent and liaison between its organization and the CITY and shall maintain a telephone and a 21 65B-31 means for contact at all times during periods of strike or Director may inspect the CONTRACTOR's operations, reasonable time and the CONTRACTOR shall admit him reasonable time and place. 33. TITLE TO SOLID WASTE: other emergencies. The Executive facilities and equipment at any to make such inspections at any Title to all Solid Waste collected pursuant to this Agreement shall be vested in CONTRACTOR upon being placed at the curb for collection, or placed in a bin or roll -off container for collection. CONTRACTOR expressly hereby reserves and is granted the right to retain, dispose of and otherwise use such Solid Waste, or any part thereof, in any fashion and for any lawful purpose desired by CONTRACTOR and to retain any benefit or profit resulting there from provided, however, that CONTRACTOR first complies with this Agreement, the CITY'S SRRE and CIWMA. 34. FAILURE TO COLLECT: (a) Should the CONTRACTOR materially and substantially fail to collect and recycle, divert by means of composting, mulching and/or transforming or dispose of Solid Waste in accordance with this Agreement and the collection schedules then in effect pursuant to Section 8, the CITY, after prior written notice of not less than forty eight (48) hours to the CONTRACTOR, may collect, recycle, divert and/or dispose of all or any part of such Solid Waste, or initiate services to cause or promote its collection, Recycling, Yard Waste Diversion and/or disposal, using CITY employees and/or independent contractors, and the CONTRACTOR shall be liable for all reasonable expenses thereby incurred by the CITY. ---co)-ihe -CiT Y` may give such nonce or any specified—inaivrdua17-omission by"— ---" "-- CONTRACTOR in which event CONTRACTOR shall be allowed a reasonable time of not less than forty eight (48) hours to remedy such omission. In the event of substantial nonperformance by CONTRACTOR for any reason, including a strike of CONTRACTOR's employees, the notice shall continue in effect with respect to Solid Waste originating thereafter as long as the omission continues. In addition to any other lawful means of effecting reimbursement from the CONTRACTOR, such expenses may be deducted by the CITY from money due or which may become due the CONTRACTOR. In addition, CITY shall be permitted to take control and possession of the Licensed Equipment it owns pursuant to Section 11 herein and shall be allowed to use, without charge, any of CONTRACTOR's other collection vehicles, containers, and other equipment not then in actual use by CONTRACTOR which CITY shall deem necessary to provide collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to this section. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend for a period of ninety (90) days. (c) Should CONTRACTOR fail to collect, recycle, divert by means of composting, mulching and/or transforming, and/or dispose of Solid Waste in accordance with this Agreement, CONTRACTOR shall be deemed to be in material default in the performance of its obligations of this Agreement. In the event of such a material default, the reasonable time for correction pursuant to Section 35 herein shall be seven (7) days. 22 65B-32 35. DEFAULT. DAMAGES AND TERMINATION OF AGREEMENT: (a) In the event CONTRACTOR defaults in the performance of any of the obligations, covenants or agreements to be kept, done or performed by it under the terms of this Agreement, or any other applicable Federal, State, or local law or regulation, the CITY shall notify CONTRACTOR in writing of the nature of such default. (b) The Executive Director may, in such written instrument, set a reasonable time within which correction of all such deficiencies is to be made. Unless otherwise specified, a reasonable time for correction shall be thirty (30) days from the receipt by the CONTRACTOR of such written notice. If the CONTRACTOR cannot reasonably correct or remedy the breach within the time set forth in such notice, CONTRACTOR shall still be required to commence to correct or remedy the violation within such time as set forth in the notice and shall be required to diligently achieve such correction or remedy as soon thereafter as possible. (c) The Executive Director shall review the CONTRACTOR's response to the notice of deficiencies and shall either decide the matter and notify the CONTRACTOR of that decision in writing, or, refer the matter to the City Council. A decision or order of the Executive Director shall be final and binding on CONTRACTOR if the CONTRACTOR fails to file a "Notice of Appeal" with the City Clerk within 10 days of receipt of the Executive Director's decision. Within thirty working days of receipt of a Notice of Appeal, the City Clerk shall refer the appeal to the City Council for proceedings in accordance with Chapter three of the Santa Ana Municipal Code. (d) In such case, the City Council may set the matter for hearing. The City Clerk shall give CONTRACTOR written notice of the time and place of the hearing. At the hearing, the City Council shall consider the report of the Executive Director indicating the deficiencies, and shall give the CONTRACTOR a reasonable opportunity to be heard. (e) Based on the evidence presented at the public hearing, the City Council shall determine by Resolution whether this Agreement should be terminated. If, based upon the record, the City Council determines that the performance of CONTRACTOR is in breach of any material term of this Agreement or any material provision of any applicable Federal, State, or local statute or regulation, the City Council, in the exercise of its sole discretion, may terminate forthwith the Agreement. The decision of the City Council shall be final and conclusive, CONTRACTOR's performance under the Agreement is not excused during the period of time prior to the City Council's final determination as to whether such performance is deficient. (f) The rights of termination or imposition of liquidated damages, as set forth in Section 36 hereof, are in addition to any other rights of CITY upon a failure of CONTRACTOR to perform its obligations under this Agreement. The CITY further reserves the right to terminate CONTRACTOR's Agreement or impose liquidated damages in the event of any of the following: the CITY; (1) If the CONTRACTOR practices, or attempts to practice, any fraud upon 23 65B-33 (2) If the CONTRACTOR becomes insolvent, unable, or unwilling to pay its debts, or upon listing of an order for relief in favor of CONTRACTOR in a bankruptcy proceeding; (3) If the CONTRACTOR fails to provide or maintain in full force and effect the workers' compensation, liability or indemnification coverage as required by this Agreement; (4) If the CONTRACTOR willfully violates any orders or rulings of any regulatory body having jurisdiction over the CONTRACTOR relative to this Agreement, provided that the CONTRACTOR may contest any such orders or rulings by appropriate proceedings conducted in good faith, in which case no breach of this Agreement shall be deemed to have occurred; (5) If the CONTRACTOR willfully fails to make any payments required under the Agreement and/or refuses to provide the CITY with required information and/or reports in a timely manner as provided in this Agreement; or, (6) Any other act or omission by the CONTRACTOR which materially violates the terms, conditions, or requirements of this Agreement, CIWMA, as it may be amended from time to time, or any order, directive, rule, or regulation issued thereunder and which is not corrected or remedied within the time set in the written notice of the violation. (g) In addition to the remedies set forth herein, the CITY shall have the right to obtain damages and/or injunctive relief. Both parties recognize and agree that in the event of a breach under the terms of this Agreement by CONTRACTOR, the CITY may suffer irreparable injury and incalculable damages sufficient to support injunctive relief, to enforce the provisions of this Agreemnnf ana to enj0i ftne breach—thereof --- T --"— -- "--- — — — (h) If CONTRACTOR claims default by the CITY in the payment of any money due or alleged to be due to CONTRACTOR pursuant to this Agreement, CONTRACTOR shall not be entitled to cancel this Agreement if the CITY, within seven (7) days after receipt of notice of the claimed default, deposits the amount in controversy into an interest bearing account in a commercial bank or lending institution and maintains such deposit until such time as a final judicial decision or agreement between the parties determines the rightful disposition of the said amount in controversy; provided that CONTRACTOR shall be deemed to have waived all claims to the said amount if no agreement is reached nor any legal proceeding initiated within ninety (90) days of the CONTRACTOR's service of written notice of default on the CITY. 36.. LIQUIDATED DAMAGES: (a) The CITY finds, and the CONTRACTOR agrees, that as of the time of the execution of this Agreement it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by the CITY as a result of a breach by CONTRACTOR of its obligations under this Agreement. The factors relating to the impracticability of ascertaining damages include, but are not limited to, the fact that: (i) substantial damage results to members of the public who are denied Solid Waste collection services or denied quality or reliable collection service; (ii) such breaches cause inconvenience, anxiety, frustration, and deprivation of the benefits of this Agreement to individual members of the general public for whose benefit 24 65B-34 this Agreement exists, in subjective ways and in varying degrees of intensity which are incapable of measurement in precise monetary terms; (iii) that the monetary loss resulting from denial of services or denial of quality or reliable services is impossible to calculate in precise monetary terms; and, (iv) the termination of this Agreement for such breaches, and other remedies are, at best, a means of future correction and not remedies which make the public whole for past breaches. (b) Accordingly, the CITY may, in its discretion but after complying with the notice and hearing procedures set forth in Section 35, assess liquidated damages of Five Hundred Dollars ($500.00) per day, for each calendar day that collection service is not provided by CONTRACTOR in accordance with this Agreement. The amount of the liquidated damages shall be subject to an annual CPI adjustment computed at one hundred (100%) percent of the CPI for All Urban Consumers (base years 1982-1984 = 100) for Los Angeles -Anaheim -Riverside CMSA, published by the United States Department of Labor, Bureau of Labor Statistics. (c) The CITY finds, and the CONTRACTOR acknowledges and agrees, that the above described liquidated damages provisions represent a reasonable sum in light of all of the circumstances. Said liquidated damages sums shall be applicable to each calendar day of delay during which CONTRACTOR has been found by the CITY to be in default after having been given the proper notice and hearing set forth in Section 35 of this Agreement. The CONTRACTOR shall pay any liquidated damages assessed by the CITY within ten (10) calendar days after they are assessed. If they are not paid within the ten (10) day period, the CITY may order the termination of this Agreement. 37. USE BY CITY OF CONTRACTOR'S EOUIPMENT: T Upon cancellation of this Ag eeementby either party for any reason prior to the end of the period specified herein as the term of this Agreement, the CITY shall take possession and control of all vehicles and equipment which it has licensed to CONTRACTOR pursuant to Section 11 herein and CITY shall also have the exclusive right to rent or lease and operate any or all trucks, trailers, tractors and other items of equipment used by CONTRACTOR in the performance of the work specified in this Agreement. Further, the City shall have access to the MRF and composting facilities used by the CONTRACTOR for the Processing, Recycling and Yard Waste Diversion of Solid Waste produced or accumulated within the CITY. The right of the CITY to enter upon and use facilities and equipment as specified herein shall extend following the date of cancellation of this Agreement for a period of ninety (90) consecutive calendar days. The rental prices to be paid the CONTRACTOR under this section shall be such to adequately reflect the most current rental prices prevailing in the County of Orange at the date of termination. Any moneys due the CONTRACTOR for rental of the equipment under the provisions of this section may be withheld by the CITY and used by it for the purpose of paying any outstanding liens or payments due and unpaid upon the said equipment. 38. C01VIPLAINTS: (a) The CITY shall record all complaints and communications received by the CITY from persons and businesses being served under the provisions of this Agreement and all other 25 65B-35 incidents of failure to perform in accordance with this Agreement noted by the CITY. The CONTRACTOR shall be responsible to resolve such complaints within two (2) business days of receipt thereof. CONTRACTOR shall likewise record all complaints received by CONTRACTOR in a daily log which shall include the complaint, the communication, the date, time, complainant's name and address if provided, and the nature, date and manner of resolution of the complaint. A copy of said log shall be delivered to the Executive Director on a quarterly basis; however, the Executive Director reserves the right to require the CONTRACTOR to deliver, or send via telephone facsimile, such records to the Executive Director within twenty four (24) hours of receipt thereof. (b) The failure of the CONTRACTOR to pick up Solid Waste which has been set out in the proper manner shall be considered a missed pick-up, and the CONTRACTOR shall collect the material from the service recipient within twenty-four (24) hours of the CONTRACTOR's receipt of notification of the missed pick-up. If the CONTRACTOR is notified of a missed pick- up by 9:00 a.m. the following business day, the missed pick-up will be collected that same day. The CONTRACTOR shall maintain a written record of all calls related to missed pick-ups and the service response provided by the CONTRACTOR. Such records shall be made available for inspection upon request by the Executive Director. 39. COMPENSATION REDUCTION DURING STRIKE PERIOD: In the event that there occurs any period in which CONTRACTOR fails to maintain substantially complete regular collection services pursuant to this Agreement and the collection schedules then in effect, by reason of a strike or CONTRACTOR's failure to pay his employees, and only if such period includes more than ten (10) normal collection days (weekdays), then the following shall apply. ---- -- — ---- --__.. — _-- (a) The City Council may assess damages against the CONTRACTOR in an amount which does not exceed the sum of the following: (1) The expenses incurred by the CITY in providing collection, Recycling, Yard Waste Diversion and/or disposal services pursuant to Section 34; and, (2) Fifty percent (50%) of the amount by which CITY revenue from fees collected for curbside service by the CITY from the public is reduced due to any reduction or refimd of such fees granted by the City Council to compensate such fee payers for the inconvenience experienced by them due to CONTRACTOR's failure to furnish fall performance during such period. (b) In assessing damages, the City Council shall take into account the CONTRACTOR's efforts to mitigate the inconvenience to the public receiving curbside service. In particular, CONTRACTOR shall be given credit for Curbside Service Unit collections made by CONTRACTOR by having damages assessed, subject to the above said maximum, in approximately the same proportion to the compensation due CONTRACTOR for curbside service during the subject period as the number of Curbside Service Unit collections which CONTRACTOR failed to make bears to the total number of Curbside Service Unit collections which should have been made pursuant to this Agreement. 26 65B-36 (c) In addition to any other lawful means of effecting recovery of the damages assessed against CONTRACTOR the amount thereof may be deducted by CITY from money due or which may become due to the CONTRACTOR either in single sum or in installments. In the event CONTRACTOR objects to such assessment or set-off, it shall nevertheless maintain full performance under this Agreement, reserving all rights to subsequently litigate the propriety or amount of the damages assessed. (d) Refunds or reduction of payments of CONTRACTOR's Customers shall be the sole responsibility of CONTRACTOR. CONTRACTOR covenants for the benefit of each such Customer to grant a reasonable and fair refund or reduction or compensatory service; provided, however, that the CONTRACTOR may condition such refunds or reductions or compensatory service upon the Customer's filing of a claim for the same with the CONTRACTOR, To the extent Bin or Roll -Off Service collections are made at CITY'S expense in the absence of CONTRACTOR's performance, CONTRACTOR shall be liable to CITY for a proportionate amount of the Customers' payments due to the CONTRACTOR.. 40. FEES AND GRATUITIES: CONTRACTOR shall not, nor shall it permit any agent, employee or subcontractor employed by it to, request, solicit, demand, or accept, either directly or indirectly, any compensation or gratuity for the collection of Solid Waste otherwise required to be collected under this Agreement, except such compensation as is provided for in this Agreement. However, CONTRACTOR may make available to Bin Service users special services as provided for in Section 28 hereof. CONTRACTOR may make a direct charge in each instance for such service under a written agreement which shall be subject to the approval of the Executive Director and at such rates as are reasonable, just and uniform for all persons reguesting_such additional services. All such charges shall be collected by CONTRACTOR. Nothing in this section or in this Agreement shall be construed, however, to require CONTRACTOR to render services of any kind to any person to the extent such services are not specifically required by the provisions of this Agreement, or to require that CONTRACTOR having rendered special or additional services not provided for herein to one or more persons, to offer or render the same services to any other person or entity. 41. LEGAL RELATIONS AND RESPONSIBILITIES: (a) Applicable Laws: CONTRACTOR shall at all times comply with all applicable provisions of the Code, as now in effect or hereafter enacted, as well as all other applicable County, State and Federal laws and regulations; provided, however, no amendment of the Code shall operate to change CONTRACTOR's right to decline to pick up and collect any material or matter which is not Solid Waste as defined in this Agreement or to decline to pick up and collect Solid Waste which does not comply with the standards and limitations set forth in this Agreement, or otherwise operate to materially impair the rights and privileges of CONTRACTOR hereunder. Should any state or federal laws become effective after the date of execution of this Agreement which require modifications to the terms hereof, the parties agree to meet and confer regarding any such modifications. 27 65B-37 (b) Personnel: No employee of CONTRACTOR shall continue to be employed on any work under this Agreement who is intemperate, discourteous, disorderly, inefficient or unduly noisy. (c) Permits and Licenses: CONTRACTOR shall obtain all permits and licenses required of it by City, County, State and Federal agencies. (d) Workers' Compensation Policy CONTRACTOR shall maintain in full force and effect during the term of this Agreement, a workers' compensation policy in accordance with the provisions and requirements of the Labor Code of the State of California and such other forms of insurance as shall be required by law. The policy providing coverage shall provide that the insurance shall not be suspended, voided, canceled, or reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail has been given to the CITY, Waivers of Subrogation shall be in effect for any claims asserted against the CITY which arise out of CONTRACTOR's operations and CONTRACTOR shall have this clause endorsed on their Workers' Compensation policies. (e) Public Liability Insurance: CONTRACTOR shall obtain, at its sole cost, and file with the City Clerk of CITY, prior to exercising any right or performing any obligation pursuant to this Agreement, and maintain for the period covered by this Agreement, a policy or policies of liability insurance satisfactory to the City Attorney of CITY, naming CITY, its officers, agents and employees, as insured or additional insured, which provides coverage for liability for any and all claims and suits for damages or injuries to persons or property resulting from or arising out of the performance by CONTRACTOR its officers, agents, or employees, or by CITY, its officers, agents, or employees pursuant to Section 1 of this Agreement, of CONTRACTOR's covenants hereunder, or any_failure or omission thereof. Said policy or policies of insurance shall provide coverage for both bodily injury and property damage in not less that the following minimum amount: One Hundred Million Dollars ($100,000,000.00) combined single limit and, in addition, Ten Million Dollars ($10,000,000.00) of Environmental Impairment Liability coverage for bodily injury, property damage and cleanup costs as it relates to the transportation of Solid Waste. Said insurance shall protect CONTRACTOR and CITY from any claim for damages for bodily injury, including accidental death, as well as from any claim for property damage which may arise from operations performed pursuant to this Agreement, whether such operations be by CONTRACTOR itself, or by its agents, employees, and/or subcontractors. Such policy or policies shall contain severability of interests clauses so that the rights and duties of the CITY are clearly separate from CONTRACTOR's interests. Said policy or policies shall also contain a provision that no termination, cancellation or change of coverage of insured or additional insured shall be effective until after thirty (30) days prior written notice by certified mail thereof has been given to CITY. CONTRACTOR shall give CITY prompt and timely notice of any claim made or suit instituted. (f) Insurance Responsibility for CITY Owned Solid Waste Collection and Recvcline Vehicles: This Agreement expressly and absolutely transfers the entire responsibility for any and all damage to the CITY owned Solid Waste collection and Recycling vehicles, and any and all liability arising out of the use of such vehicles, directly and completely to CONTRACTOR. This same transfer includes the requirement that CONTRACTOR has expressly agreed to be contractually, fully and completely responsible for complying with all of the State of California's Motor Vehicle Insurance laws, rules and regulations. To be more specific, this includes having CONTRACTOR insure each and every CITY Solid Waste collection and Recycling vehicle for auto liability and physical damage, including both collision and comprehensive insurance. The amount of auto liability insurance shall be not less than One Hundred Million Dollars ($100,000,000.00) combined single limit, covering auto bodily injury and property damage for owned, non -owned and hired vehicles. Collision and Comprehensive coverage shall be insured on an actual cash value basis. If the physical damage insurance is insured on a loss -limit basis, the loss limit shall be equal to or exceed the actual cash value of all of the CITY Solid Waste collection and Recycling vehicles. Insurers shall be currently rated by A.M. Best Company with a minimum rating at A VII. The policy or policies shall contain severability of interest clauses so that the right and duties of the CITY are clearly separate from CONTRACTOR's interests. The CITY, its officers, agents and employees shall be additional insureds. CONTRACTOR will verify to CITY that adequate funds are available to pay any liability Self -Insured Retention, collision and comprehensive deductibles, or other self-insurance plans approved by the CITY. Ninety (90) days or more of prior notice for material change in coverage, exclusions and conditions or cancellation will be endorsed onto CONTRACTOR's policies in favor of the CITY. Loss Payee endorsements or similar clauses will be endorsed onto CONTRACTOR's property insurance policies protecting the CITY'S Solid Waste collection and Recycling vehicles. Endorsements to all policies with policy declaration pages will be required. Certificates of Insurance shall be provided prior to receiving insurer policy endorsements. (g) Indemnification: CONTRACTOR shall indemnify and save harmless CITY, its officers and employees, against any and all damages to property or injuries to or death of any person_nErspnsfincluding_pmparty_and_ernnlnveee—or agents_af_C_LT and_shalLdefend, indemnify and save harmless CITY, its officers and employees, from any and all claims, demands, suits, actions or proceeding of any kind or nature, including, but not by way of limitation, workers' compensation claims, of or by anyone whomsoever, directly or indirectly caused by, or arising out of a breach of a requirement of this Agreement by the CONTRACTOR or any negligent or willful act or omission of CONTRACTOR or any negligent or willful act or omission of the CONTRACTOR its employees or subcontractors in the performance of this Agreement. CONTRACTOR shall procure and maintain, at its own cost and expense, any additional kinds and amounts of insurance which, in its own judgment, may be necessary for its proper protection in the performance of the work. Insurance coverage specified in this Agreement shall in no way lessen or limit the terms of this indemnification. (h) Enforcement of Scope of Services: CONTRACTOR shall reimburse the CITY for any costs incurred by the CITY in enforcing and potentially defending any challenges by any and all school and college districts regarding the Solid Waste collection regulations contained herein. (i) Waivers: No acquiescence, failure or neglect of either of the contracting parties to insist on strict performance of any or all of the terns hereof shall be considered as or constitute a waiver or any term or condition of this Agreement or any performance required thereunder, or any remedy, damage or other liability arising out of such refusal, neglect or inability to perform at any time. 29 65B-39 42. SUBCONTRACTORS AND MANAGEMENT: (a) The CONTRACTOR shall not subcontract this Agreement nor any part hereof without first obtaining the consent of the City Council. (b) CONTRACTOR shall designate the person to be in charge of administering this Agreement. The CITY retains the right to reject said person at any time during the term of this Agreement upon reasonable grounds. Should the CITY require the replacement of any person so designated by CONTRACTOR, the CONTRACTOR shall have thirty (30) days within which to designate, with the CITY'S approval, a new person. (c) The CITY may cancel this Agreement pursuant to Section 35 or in the event of a breach of the covenants in subsections (a) and (b) hereinabove. 43. ACCOUNTING AND AUDITING: (a) The CONTRACTOR shall maintain financial records in accordance with generally accepted accounting principles. (b) CONTRACTOR shall make its records, reports, and methods of accounting available to the CITY'S designated representative during normal business hours to allow the such person to review and verify the information reported pursuant to this Agreement including, but not limited to, the information reported pursuant to Section 16 hereof, the information reported pursuant to Sections 22 through 25 including, but not limited to, the tonnages reported therein, and the Gross Receipts reported pursuant to Section 10 hereof. — -(c)--CFPY- shall us1ai:able to GONT-Iz.AGTrP,-r ^Yar rersonable — — notice for the purpose of auditing such records. 44. BOND: The CONTRACTOR shall, prior to the initial date of the term of this Agreement, execute and file with the City Clerk a surety bond in the penal sum of Two Million Dollars ($2,000,000,00) conditioned upon the faithful performance of this Agreement by the CONTRACTOR and its subcontractors, if any. Said bond may be written for a term of one year, and may thereafter be renewed by certificate, provided however, that the CONTRACTOR agrees to maintain such bond or bonds in force for the complete tern of this Agreement. 45. MEDIA RELATIONS: The CONTRACTOR shall notify the CITY by facsimile of all requests for news media interviews related to the CITY'S Solid Waste collection program within twenty-four (24) hours. Before responding to any inquiries involving controversial issues, CONTRACTOR will discuss the proposed response with the CITY. Copies of draft news releases or proposed trade journal articles shall be submitted to CITY for prior review and approval at least two (2) working days in advance of release. Copies of articles resulting from media interviews or news releases shall be provided to the CITY within five (5) days after publication. 30 M1 46. NOTICES: Any notice required by this Agreement shall be sufficiently served if personally delivered or if deposited into the U.S. Mail, postage prepaid, and if addressed as follows: If served by CONTRACTOR upon CITY: Executive Director of Public Works Public Works Agency City of Santa Ana 20 Civic Center Plaza M-21 Santa Ana, California 92701 If served by CITY upon CONTRACTOR: Public Sector Manager Waste Management 1800 South Grand Santa Ana, California 92705 With a courtesy copy to: West Group General Counsel Waste Management, Inc. 7025 N Scottsdale Road, Suite 200, Scottsdale, AZ 85253 47. GENDER AND NUMBER: As used herein, the masculine gender shall include the feminine and neuter, and the singular shall include the plural. 48. VALIDITY: The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 49. ASSIGNABILITY: CONTRACTOR may not assign or transfer any rights, interests or duties or obligations of performance under this Agreement, whether by assignment or novation, without the prior written consent of the CITY; provided, however, that claims for money due or to become due to the CITY under this Agreement may be assigned to a bank, trust company or other financial institution, or to a trustee in bankruptcy, without such approval. This section shall not prohibit the assignment, merger or transfer of any rights or interests herein to any other wholly owned subsidiary of Waste Management, Inc. Notice of any assignment, merger or transfer shall be furnished to the CITY in writing within seven (7) calendar days of such assignment, merger or transfer. 31 65B-41 50. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: — _SGNIA--r CAnV�-L CIi`s' tiiTvFit JOHN M. FUNIC Assistant City Attorney RECOMMENDED FOR APPROVAL CITY OF SANTA ANA Un USA Waste of California, Inc. By: _ FRED MOUSAVIPOUR Executive Director, Public Works Agency Title: 32 65B-42 50. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of the State of California. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. C`L972MX Ll WIN 11"M By: ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: - -SONIALR. CARVALIiO_. MYATT-ORNEY- -- - - -. -- - - - - - -- - J M. FUNK Assistant City Attorney RECOMMENDED FOR APPROVAL USA Waste of California, Inc. By: _ FRED MOUSAVIPOUR Executive Director, Public Works Agency Title: 32 65B-43 WASTE MANAGEMENT HOLDINGS INC. (W IH) GUARANTEE Name of Underlying Contract: Fourth Amended and Restated Agreement for Collection and Handling of Solid Waste Generated and/or Accumulated in the City of Santa Ana Date of Underlying Contract: June 19,1997 Beneficiary: CITY OF SANTA ANA, a municipal corporation of the State of California Address: 20 Civic Center Plaza, Santa Ana, CA 92701 WMH Contracting Company: USA Waste of California, Inc., a Delaware corporation TO THE BENEFICIARY IDENTIFIED ABOVE: With respect to that certain underlying contract identified above (hereinafter the "Agreement") dated as of the above specified date by and between the WMH Contracting Company identified above (the "Contractor") and the beneficiary identified above (the "Beneficiary"), and subject to the terms of this letter agreement (the "Guarantee"), Waste Management Holdings Inc., a Delaware corporation (hereinafter "WMH ), hereby irrevocably and unconditionally guarantees to the Beneficiary the performance of all obligations and the due and punctual payment of all amounts payable by the Contractor to the Beneficiary under the Agreement when the same shall become due and payable in accordance with the terms of the Agreement. Upon failure of the Contractor punctually to perform or pay any such amounts, and upon written demand by the Beneficiary to WMH at its address set forth below (or to such other address or person as WMH may specify in writing), WMH agrees to perform or cause to be _performed and to py or cause to be paid such amounts._.. Notwithstanding the foregoing, WMH's obligations hereunder as to any claim, suit, proceeding, event or other matter in respect of which the Beneficiary at any time shall be seeking payment hereunder (referred to herein as "Guarantee Events") shall be subject to the preconditions that (i) the Beneficiary shall have given written notice of such Guarantee Event to the Contractor promptly after learning thereof, (ii) in the case of any failure by the Contractor to perform any obligation under the Agreement, shall have afforded WMH a reasonable opportunity to cure such failure, and (iii) there shall not have occurred and be continuing any material breach by the Beneficiary of its obligations under the Agreement. WMH hereby agrees that, except as expressly provided herein, its obligations hereunder will be unconditional and will not be discharged except by complete payment or other lawful discharge (other than by operation of Bankruptcy law) of the amounts due under the Agreement, irrespective of any claim as to the lack of authority of the Contractor to execute or deliver the Agreement, the absence of any action to enforce the Agreement, the failure to obtain any judgment against the Contractor, the failure to commence any action to enforce a judgment against the Contractor under the Agreement or any similar circumstance which might otherwise constitute a legal or equitable discharge or defense of a guarantor generally. 33 65B-44 Except as set forth above, WMH hereby waives diligence, presentment, demand on the Contractor for payment, filing of claims, requirement of a prior proceeding against the Contractor and protest or notice, except as provided for in the Agreement with respect to amounts payable by the Contractor. If at any time payment under the Agreement is rescinded or must be otherwise restored or returned by the Beneficiary upon the insolvency, bankruptcy, or reorganization of the Contractor or WMH or otherwise, WMH's obligations hereunder with respect to such payment shall be reinstated upon such restoration or return being made by the Beneficiary. WMH represents the Beneficiary as of the date hereof that: (1) it is duly organized and validly existing under the laws of the jurisdiction of its incorporation and has full corporate power and legal right to execute and deliver this Guarantee and to perform the provisions of this Guarantee on its part to be performed; (2) its execution, delivery, and performance of this Guarantee have been and remain duly authorized by all necessary corporate action and do not contravene any provision of its certificate of incorporation or by-laws or any law, regulation, or contractual restriction binding on it or its assets; and (3) this Guarantee is its legal, valid and binding obligation enforceable against it in accordance with its terms except as enforcement hereof may be limited by applicable bankruptcy, insolvency, reorganization, or other similar laws affecting the enforcement of creditors' rights or by general equity principles. By accepting this Guarantee and entering into the Agreement, the Beneficiary agrees that `4TWI-shall--ba subrogated -te ::guts of-the-Benufiei ry-against-tlr-Gentrac 3r in -respect o any --- amounts paid by WMH pursuant to the Guarantee. WMH acknowledges that the Contractor is a direct or indirect subsidiary of WMH and that WMH will receive substantial benefit from the performance of the Agreement. Neither this Guarantee nor the Agreement may be amended without the advance written consent of WMH and the Beneficiary. No amendment shall be effective unless set forth in a written instrument so executed. If WMH shall default in the performance of its obligations hereunder, WMH shall pay to the Beneficiary all costs incurred by the Beneficiary in enforcing its rights hereunder against WMH, including reasonable attorney fees and court costs. Any notice or other communication required or permitted by the terms hereof shall be in writing and shall be given in a commercially reasonable manner to WMH at 1001 Fannin, 40" Floor, Houston TX 77002, Attention: General Counsel, or to such other address as WMH shall specify in writing to the Beneficiary at its above-specified address or such other address as the Beneficiary shall notify to WMH as provided herein. This Guarantee shall be governed by and construed in accordance with the internal laws of the State of Delaware applicable to contracts made to be performed therein. 34 65B-45 The Beneficiary's receipt and acceptance of this Guarantee shall constitute the Beneficiary's acceptance of and agreement to each and every term hereof. WASTE MANAGEMENT HOLDINGS, INC. RECEIVED AND ACCEPTED: By: By: Its: Its: (Beneficiary) 35 Mi . EXHIBIT "A" SPECIFICATIONS Solid Waste collection and Recycling plastic carts ("carts') for curbside service, City of Santa Ana, California Description Size A: 35 gallon Depth: 23.75 inches maximum (including handles) Width: 19 inches maximum Height: 35 inches maximum (to body rim) Size B: 64 gallon Depth: 27 inches maximum (including handles) Width: 24 inches maximum Height: 39 inches maximum (to body rim) Size C: 96 gallon Depth: 34.5 inches maximum (including handles) Width: 26 inches maximum Height: 43 inches maximum (to body rim) _ All three sizes must be available ingreen grey and burgundy. Technical Requirements 1. Body: Carts shall be injection molded of virgin high density polyethylene plastic. The body of the cart shall be molded to present a smooth interior and exterior surface. The body of the carts shall have a minimum wear strip under the floor of `A inch (protecting the floor from abrasive contact with the street surface). 2. Material: Recyclable polyethylene, U.L. approved with a rating of HB or better. Average Wall Thickness: Size A: Not less than .140 inch Size B: Not less than.160 inch Size C: Not less than .165 inch Carts shall be suitable for use in temperature of >120' F to -20T. All plastic and component parts used in the constriction of the carts shall be recyclable into other polyethylene products. Crosslink resin is not acceptable. All carts shall be manufactured with a minimum of 20% post consumer recycle content. Carts shall be manufactured with a UV stabilizer. The UV stabilizer shall be added in the solution during the polymerization, prior to pelletizing, compounding and molding. 36 65B-47 Independent laboratory tests of the carts bid must accompany bid samples certifying compliance as specified in part 2 of the detailed specifications. 3. Wheels: Two (2) wheels with self-lubricating bearings with a minimum load rating of 120 lbs. per wheel. Wheels shall be attached to the axle via a tamper resistant snap -on method which contains no metal components. No cotter pins, "Pal nuts" or similar restraining devices shall be utilized to attach the wheel. All wheels shall be 1.75 inches wide. Wheels shall be easily removed for replacement with a non -commercially available tool. Wheel Sizes: Size A: 8 inches Size B: 10 inches Size C: 12 inches 4. Axles: Axles shall be solid steel and electro -plated with black zinc for durability and long life. Carts should be designed in such a way as to prevent the axle from popping out. An axle, which is only press fitted and not secured in some additional manner will not be acceptable. Axle Sizes: Size A: 5/8 inch Size B: 6/8 inch Size C: 7/8 inch 5. Lids: Lids shall be molded of the same material as the cart body and shall be permanently attached to the cart body with plastic hinge(s). Metal fasteners are not acceptable. Lids shall be watertight and slightly domed to facilitate run-off of rainwater. The lid shall be designed to fold- nvPrp araH eL tothe-back-side -o f_the-cart xvhen_fiill-1,- oin, tined; T ids shall_be --- — — factory assembled. 6. Locking Bar: The semi -automated lifting area shall be integrally molded with the body of the cart. The locking bar shall be able to rotate a full three -hundred sixty (360) degrees and shall be constructed of zinc -coated steel to prevent rust and corrosion, Plastic locking bars are unacceptable. 7. Certification by a certified independent laboratory shall be required of the following minimum standards and quality assurance measurements: 7.1 Drop Impact Test - material and weight shall be cold soaked at a temperature of not less than -20 F for 24 hours and dropped within 60 seconds of leaving the cold chamber. Carts shall remain watertight after a minimum drop height of 15 feet. Test loads are as follows: Size A: 120 lbs. distributed Size B: 160 lbs. distributed Size C: 180 lbs. distributed 7.2 Lift and Dump Test - shall verify the cart's compatibility with approved, commercially available, standard dumping equipment. Test shall be performed at. 37 MM• room temperature with a cycle time that simulates lift, dump and return of 6 seconds. Carts shall remain watertight and functional beyond 6,000 cycles. Test loads are as follows: Size A: 160 lbs. distributed Size B: 250 lbs. distributed Size C: 350 lbs. distributed 7.3 Wheel/Axle Test - shall verify the combined durability of the wheels, axle and cart axle supports under fully loaded conditions. The two cycle tests shall be performed at room temperature as follows: Cycle 1 - with a rolling length of 75 feet and a 5" curb drop. Cart shall continue to roll freely and be watertight after 1,000 drops. Cycle 2 - repeated with a 5.5" stair drop. Cart shall continue to roll freely and be watertight after 1,000 drops. Test loads shall be as follows: Size A: 125 lbs. distributed Size B: 200 lbs. distributed Size C: 350 lbs. distributed 7.4 Salt Spray - ASTM B 117-90 corrosion tests shall be applied to the lift bracket for a minimum of 96 hours and to the axle for a minimum of 500 hours. Bracket and axle shall remain corrosion free. 8. Serial Number/Manufacture Date: Each cart shall be hot stamped with a seven digit, 1- 1/2" high alpha/numeric identification number on the front of the cart. An in -molded year/month date wheel identification will be located on the bottom of the cart. 9. Markings: Each cart lid shall be clearly and permanently marked with the cart's size or volume capacity. 9.1 Precautionary instructions shall be molded into the lids in English and Spanish as follows: Size A: Cart Capacity 35 Gallons Do not overload or you may have difficulty controlling the cart. Do not roll cart with lid open. Do not put sand, soil, rocks or concrete in cart. Maximum load 125 pounds. Do not put anything hot such as ashes in the cart. Do not put paints, solvents, gasoline, oil, etc. in cart. MR, Size B: Cast Capacity 64 Gallons. Do not overload or you may have difficulty controlling the cart. Do not roll cart with lid open. Do not put sand, soil, rocks or concrete in cart. Maximum load 200 pounds. Do not put anything hot such as ashes in the cart. Do not put paints, solvents, gasoline, oil, etc. in cart. Size C: Cart Capacity 96 Gallons. Do not overload or you may have difficulty controlling the cart. Do not roll cart with lid open. Do not put sand, soil, rocks or concrete in cart. Maximum load 250 pounds. Do not put anything hot such as ashes in the cart. Do not put paints, solvents, gasoline, oil, etc. in cart. 9.2 The hot stamp text area size shall be as follows: Size A: 2'/2" x 14" Size B: 31/2" x 18" Size C: 4%2" "x 19" 10. References: Each bid shall include references of communities which have purchased like sizes and quantities of carts. For each reference, carts shall currently be in service for a minimum of 2 years. -cwartmustbrSove-red-b3-a imnir ini 1-0-ysar--,?rananty-ab .:nst-rnaterlals - and manufacturing defects. The first five years (1 through 5) shall be with full warranty; years 6 through 10 shall be prorated. 39 65B-50 1. 2. EXHIBIT "C" Rates Effective , 2017 Subject to the provisions of this Agreement, the City shall collect the rate of $20.03 on behalf of the Contractor for curbside service. The City shall collect the rate of $17.69 on behalf of the CONTRACTOR for all qualifying senior citizen and mobile park curbside service units. Rates for each additional solid waste collection and recycling plastic cart shall be no greater than $2.00 per month. . RESIDENTIAL BIN SERVICE RATES Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Residential Bin Service: 1 YARD BIN X 1/WEEK 1 YARD BIN X 2/WEEK 1 YARD BIN X 3/WEEK 1 YARD BIN X 4/WEEK 1 Y --ARD BIN- 5/WEEK T T 1 YARD BIN X 6/WEEK 2 YARD BIN X 1/WEEK 2 YARD BIN X 2/WEEK 2 YARD BIN X 31WEEK 2 YARD BIN X 4/WEEK 2 YARD BIN X 5/WEEK 2 YARD BIN X 61WEEK 3 YARD BIN X 1/WEEK 3 YARD BIN X 2/WEEK 3 YARD BIN X YWEEK 3 YARD BIN X 4/WEEK 3 YARD BIN X 5/WEEK 3 YARD BIN X 6/WEEK 4 YARD BIN X 1/WEEK 4 YARD BIN X 2/WEEK 4 YARD BIN X 3/WEEK 4 YARD BIN X 4/WEEK 40 65B-51 Monthly Rate $102.52 $184.24 $265.94 $347.74 $429.39 $531.97 $111.61 $202.44 $293.30 $384.12 $474.94 $565.76 $162.18 $282.91 $403.51 $524.35 $645.04 $817.63 $192.07 $332.29 $472.43 $612.68 4 YARD BIN X 5/WEEK 4 YARD BIN X 6/WEEK $752.79 $965.58 CONTRACTOR may offer a discount in the Residential Bin rates to a Residential Bin Service Customer if said Customer regularly segregates Recyclable Solid Waste and/or Yard Waste by Waste Type in separate bins. 93 H COMMERCIAL/INDUSTRIAL BIN Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Commercial/Industrial Bin Service: 1 YARD BIN X 1/WEEK 1 YARD BIN X 2/WEEK 1 YARD BIN X 3/WEEK I YARD BIN X 4/WEEK 1 YARD BIN X 5/WEEK 1 YARD BIN X 6/WEEK 2 YARD BIN X YWEEK 2 YARD BIN X 2/WEEK 2 YARD BIN X 3/WEEK 2 YARD BIN X 4/WEEK 2 YARD BIN X 5/WEEK 2 YARD BIN X 6/WEEK 3 YARD BIN X 1/WEEK 3 YARD BIN X 2/WEEK 3 YARD BIN X 3/WEEK 3 YARD BIN X 4/WEEK 3 YARD BIN X 5/WEEK 3 YARD BIN X 6/WEEK 4 YARD BIN X 1/WEEK 4 YARD BIN X 2/WEEK 4 YARD BIN X 31WEEK 4 YARD BIN X 4/WEEK 4 YARD BIN X 5/WEEK 4 YARD BIN X 61WEEK Monthly Rate S81.94 $143.06 $204.30 $265.57 $326.74 $408.64 $91.22 $161.79 $232.28 $302.74 $373.25 $474.86 $131.69 $242.67 $353.59 $464.52 $575.45 $738.18 $172.17 $313.11 $454.11 $595.20 $736.20 $949.80 CONTRACTOR may offer a discount in the commercial/industrial bin rates to a Commercial/Industrial Bin Service Customer if said Customer regularly segregates Recyclable Solid Waste and/or Yard Waste by Waste Type in separate bins. ROLL -OFF SERVICE RATES 41 65B-52 Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Roll -Off Services: Container Size Haul Rate Additional Fee for Compactor 10 Cubic yard $248.13 $51.71 20 Cubic yard $248.13 $51.71 40 Cubic yard $248.13 $51.71 In addition to the Roll -Off Service rates set forth above, CONTRACTOR may charge the Roll -Off Service Customer for the actual Gate Fees paid at the Disposal Site or fees charged at the Materials Recovery Facility. 5. SPECIAL BIN SERVICE RATES Subject to the provisions of this Agreement, the CONTRACTOR may charge no more than the following rates for Special Bin Services: (A) A bin which needs to be moved in excess of twenty-five (25) feet in order to be emptied may be assessed no more than the following fees: (1) Moving of bins 25 to 50 feet: $1.49 per month times the number of times emptied each week, (2) Moving of bins 51 to 75 feet: $2.92 per month times the number of times emptied each week. (B) A bin which possesses casters may be assessed a caster charge of no more than $3.63 per bin per month. (C) CONTRACTOR may apply a surcharge to bin Customers who use trash compactors of not to exceed a multiplier of 1.5 times the normal bin rate for said service. (D) CONTRACTOR may charge a special service charge of no more than $2.92 a month times the number of times a week a bin is emptied for moving a bin out of an enclosure. (E) CONTRACTOR may charge a fee of no more than $84.48 per bin for an additional bin pickup when such pickup is requested by a Customer. (F) CONTRACTOR may charge a fee of no more than $2.92 per month to a Customer who requests a bin with a lock. (G) CONTRACTOR may charge a reasonable fee for six (6) cubic yard Bin Service. (H) CONTRACTOR may charge a reasonable fee for a plastic injection molded two (2) cubic yard container. 42 65B-53 (1) CONTRACTOR may charge a fee of no more than $85.68 per bin to persons who need temporary use of a three (3) cubic yard bin. (J) CONTRACTOR may charge a reasonable fee for collection of Solid Waste on difficult to service streets. (K) CONTRACTOR may charge a fee of no more than $42.80 per occurrence for overflowing bins. (L) CONTRACTOR may charge a restart fee of $20.01 to restart commercial and roll off service when a permanent account has been terminated for non-payment. (M) CONTRACTOR may charge a bin exchange fee of $57.04 for each of two or more bin exchanges in a twelve (12) month period, due to bin size change. (1) CONTRACTOR may charge a trip charge of $68.43, per scheduled visit when the roll -off is not serviceable. (0) CONTRACTOR may charge a return to service fee of $68.43 per call, for two or more calls in a one-month period, by a commercial/residential bin service customer to return to provide service. (P) CONTRACTOR may charge a fee of $7.12_per bin, times the number of service visits per month, when stinger service is required for a commercial/residential bin service customer. (Q) CONTRACTOR may charge a customer a fee of $1.49 each for copies of disposal tickets. ---------- 6. EMERGENCY SERVICES (A) The rate per vehicle hour with a two (2) person crew providing emergency Roll - Off Service on an on-call basis shall be no more than sixty dollars ($60.00) for the term of this Agreement. (B) The rate per vehicle hour with a two (2) person crew providing emergency Bin Services on an on-call basis shall be no more than sixty five dollars ($65.00) for the term of this Agreement. INCORPORATION OF "SMART" PROGRAM IMPACT FEES INTO REFUSE SERVICE RATES (A) As of the date of this Agreement, the City is considering adoption of the "Sustainable Mobility and Roadway Transformation (SMaRT)" Program. The primary purpose of the SMaRT Program is to provide funding for necessary improvements to the City's streets to offset the "wear and tear" impact of heavy vehicle travel thereon. 43 65B-54 (B) As part of the SMaRT Program, the City commissioned a study to assess the impact heavy vehicles travelling within the City have on City streets. The study concluded that approximately 38.1% of the impact is due to refuse trucks and similar heavy vehicles travelling on City streets. As such, the study concluded that the costs of maintaining City streets to offset these impacts may be fairly apportioned to the cost of providing refuse service. (C) Therefore, should the City Council establish the SMaRT Program and should it apportion an amount of street maintenance costs to CONTRACTOR as part of providing refuse service, those additional costs, as established by ordinance or resolution (the "SMaRT Fees"), may be added as a separate line item by the CONTRACTOR to the customer's service rates and charges, in addition to those authorized herein. M 65B-55 65B-56 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — ORDINANCE AMENDMENT NO. 2017-01 TO AMEND CERTAIN SECTIONS OF CHAPTERS 18 AND 21 OF THE SANTA ANA MUNICIPAL CODE (MEDICAL MARIJUANA COLLECTIVES/ COOPERATIVES AND LICENSES) — CITY OF SANTA ANA, APPLICANT (STRATEGIC PLAN NOS. 3,2; 3,5) MANAGER RECOMMENDED ACTION N4:4:73•];Kd•111�14011 =tolaAtl ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 b Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt an ordinance approving Ordinance Amendment No. 2017-01. BACKGROUND On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") which was codified in sections of chapters 18 and 21 of the Santa Ana Municipal Code (SAMC). Following the adoption of Measure BB, the City established an implementation plan, enforcement program, administrative policies, and best practices. Since then, 15 of the 20 permitted medical marijuana collectives/cooperatives have opened retail dispensaries where medical marijuana is sold. In May 2016, following initial implementation, the City held a roundtable discussion that invited stakeholders, dispensary owners, and members of the medical marijuana industry to meet with City staff regarding the implementation of Measure BB. A second roundtable was held in February 2017. Participants of the roundtable discussions voiced opinions on various aspects of the regulatory program and provided recommendations for code amendments to treat the 20 permitted collectives/cooperatives as any other similar use, such as a retail drug store. Staff also reviewed Measure BB to identify portions of the ordinance that, if amended, would streamline implementation, eliminate unenforceable provisions, and establish administrative procedures for revocation and transferability while ensuring that any potential impacts would be mitigated. Staff then prepared options for ordinance amendments to recognize these uses are no different than uses that sell prescription drugs. The ordinance revisions were presented to the Public Safety, Code Enforcement & Neighborhood Empowerment Council Committee on May 9, 2017, and their comments were included in the proposed zoning ordinance amendments. 75A-1 Ordinance Amendment No. 2017-01 — Amending Certain Sections of Chapter 18 (Medical Marijuana Collectives/Cooperatives) of the Santa Ana Municipal Code June 20, 2017 Page 2 Following review by the City Attorney's Office, the proposed amendments were modified to remove references to testing/research and development facilities and to modify new hours of operation to reference proposed State standards. The proposed amendments are described in the Description section below. Table 7 – Proposed Amendments to Measure BB Item Current Ordinance Amendment Impact Signage —Proposed Allows one (1) non- Allow installation of wall Applies same rules that illuminated wall sign up to 10 signs in compliance with the apply to any other square feet in size. standard sign code commercial establishment contained within Article XI of Chapter 41(Zoning) Hours of Operation Limited to 10:00 a.m. to 8:00 Allow extended hours of Applies same rules that p.m. (Monday to Saturday) operation: 10:00 a.m. to apply to any other and 11:00 a.m. to 7:00 p.m. 12:00 a.m. (midnight) daily, commercial establishment (Sunday) or as regulated by State code, whichever is more restrictive Overnight Cash Limit $200 overnight limit Eliminate overnight cash limit Removes an unenforceable altogether standard and applies same treatment as any other commercial establishment Delivery Prohibited Allow delivery to qualified Removes an unenforceable patient or caregiver, or standard and applies same testing/research and treatment as any other develo mentfacili commercial establishment Financial Audits Full audit by independent Allow full audit or financial Allows financial information CPA required by February review, and move annual to be documented in a 15 annually deadline to June 30 variety of means, and moves annual deadline to a date more consistent with generally -accepted accounting principles Revocation Contains "violation and Establishes revocation, Establishes revocation Procedures, enforcement' section without inspection, and transferability procedures when a licensed Inspections, and specific procedure. Silent on procedures facility is found to be in Permit Transferability transferability violation of any applicable ordinance, and establishes procedures if facilities undergo changes in ownership and permits are proposed for transfer Definitions for Silent; the current ordinance Define "Delivery" Provides clarity in matters of "Delivery" does not define. interpretation and implementation 75A-2 Ordinance Amendment No. 2017-01 —Amending Certain Sections of Chapter 18 (Medical Marijuana Collectives/Cooperatives) of the Santa Ana Municipal Code June 20, 2017 Page 3 The proposed amendments will clarify administrative procedures, remove certain unenforceable provisions such as overnight cash reserve limits, and treat the collectives/cooperatives similar to other establishments where prescription drugs are sold. Moreover, staff has reviewed the proposed amendments to ensure consistency with other provisions of the Santa Ana Municipal Code, including Chapter 41 (Zoning). Based on the information and analysis in this report, staff recommends adopting Ordinance Amendment No. 2017-01. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #3 - Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Objective #3 (promote a solutions -based customer focus in all efforts to facilitate development and investment in the community), and Objective #5 (leverage private investment that results in tax base expansion and job creation citywide). FISCAL IMPACT There is no fiscal impact associated with this action Candida Nea , AICP Planning Manager Planning & Building Agency AP:rb afteports0aff Reports for CC 1 OA2017-01 CC 062017 Exhibit: 1. Ordinance 75A-3 75A-4 LS 6.20.17 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER 18 AND CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICAL MARIJUANA COLLECTIVES (SECTION 18-611, SECTION 18-613, SECTION 18-617.5, SECTION 18-618, SECTION 18-620, SECTION 18-621, AND SECTION 18-622 OF ARTICLE XIII OF CHAPTER 18), AND ADDING SECTION 21-131 OF ARTICLE XII OF CHAPTER 21 OF THE SANTA ANA MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF SANTA ANA HEREBY ORDAINS AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") allowing up to twenty (20) medical marijuana retail cannabis collectives/cooperatives ("dispensaries"). B. Following the adoption of Measure BB, the provisions of the measure were codified in Chapters 18 and 21 of the Santa Ana Municipal Code. The City also established an implementation plan, enforcement program, administrative policies, and best practices. C. In May 2016, following initial implementation of the ordinance, the City held a roundtable discussion that invited stakeholders, dispensary owners, and members of the medical marijuana industry to meet with City staff regarding the implementation of Measure BB. A second roundtable was held in February 2017. Participants of the roundtable discussions voiced opinions on various aspects of the regulatory program and provided their recommendations for future policy level consideration. D. Following these roundtable discussions, staff prepared options to streamline Measure BB and create more business -friendly conditions for the existing col lectives/cooperatives. E. The City of Santa Ana proposes to amend Chapter 18 to allow the following eight (8) modifications to the existing medical marijuana ordinance/Measure BB: 1. Increased signage opportunities, 2. Increased hours of operation, 3. Eliminate cash reserve limits, 4. Allow delivery services, 5. Amend financial audit requirements, 6. Adopt by ordinance certain administrative procedures, and 7. Add definitions to the ordinance, as well as general updating of the ordinance. F. All provisions of the Santa Ana Municipal Code which are repeated herein are Ordinance No. NS-XXXX 75A-5 Page 1 repeated solely in order to comply with the provisions of section 418 of the Charter of the City of Santa Ana. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Pursuant to the California Environmental Quality Act ("CEQA") and the state CEQA Guidelines, the adoption of this Ordinance is exempt from CEQA review pursuant to California Code of Regulations section 15061(b)(3), which is applicable if it can be seen with certainty that there is no possibility that the project may have a significant effect on the environment. As a result, a Notice of Exemption will be filed upon the adoption of this ordinance. Section 3. Section 18-611, subdivisions (r), (s) and (t) are hereby added to Article XIII of Chapter 18 of the Santa Ana Municipal Code to read in full as follows: Sec. 18-611. - Definitions. (Not in alphabetical order) (a) "Cultivation" and/or "Cultivate" shall mean the planting, growing, harvesting, drying, processing, or storage of one (1) or more marijuana plants or any part thereof. (b) "Medical marijuana collective" or "cooperative" or "collective" means any facility or location where medical marijuana is made available and/or distributed by or to one (1) or more of the following: a primary caregiver, a qualified patient or a person with an identification card in strict accordance with California Health and Safety Code Section 11362.5 et seq., as sometimes amended. A "medical marijuana collective" shall not include the following uses, as long as the location of such uses are otherwise regulated by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of Division 2 of the Health and Safety Code, a residential care facility for persons with chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the Health and Safety Code, a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice or a home health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety Code, as long as such use complies strictly with applicable law including, but not limited to, Health and Safety Code Section 11362.5 et seq. ereses e# this �e. (c) "Identification card" shall have the same definition as that contained in Health and Safety Code § 11362.7 et seq., as sometimes amended. (d) "Manager" means any person responsible for the establishment, organization, supervision, or oversight of the operation of a Collective, including but not limited to members who perform the functions of president, vice-president, director, operating officer, financial officer, secretary, or treasurer. Ability to control one (1) or more of the following functions shall be prima facie evidence that such person is a manager: (1) To hire, select, or separate employees or staff, including volunteers; (2) To acquire facilities, furniture, equipment or supplies other than occasional replenishment of stock; Ordinance No. NS-XXXX 75A-6 Page 2 (3) To disburse funds of the business other than occasional expenditures for replenishment of stock; or (4) To make, or participate in making, policy decisions relative to the operations of the business. (e) "Marijuana" shall have the same definition as that contained in Health and Safety Code § 11018 as sometimes amended. (f) "Medical marijuana" shall have the same definition as that contained in Health and Safety Code § 11362.5 et seq., as sometimes amended. (g) "Primary caregiver" shall have the same definition as that contained in Health and Safety Code § 11362.5 and 11362.7, as sometimes amended. (h) "Qualified patient" shall have the same definition as that contained in Health and Safety Code § 11362.5 as sometimes amended. (i) "Private Residence" shall have the same definition as that contained in Health and Safety Code section 11362.2(5). Q) "Premises" means a single, legal parcel of property. Where contiguous legal parcels under common ownership or control, such contiguous legal parcels shall constitute a single "premises" for purposes of this chapter. (k) "Parcel" means property assigned a separate parcel number by the Orange County assessor. (1) "Marijuana Products" shall have the same definition as that contained in Health and Safety Code section 11018.1. (m) "Marijuana Accessories" shall have the same definition as that contained in Health and Safety Code section 11018.2. (n) "Personal Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of marijuana plants for personal use within a private residence or accessory structure to a private residence. (o) "Commercial Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of marijuana plants in any structure other than a private residence. (p) "Outdoor Cultivation" shall mean the planting, cultivating, harvesting, drying, or processing of marijuana plants in any location within the City of Santa Ana that is not within a fully enclosed and secure structure. (q) "Fully enclosed and secure structure" means a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors. (r) "Delivery" means the commercial transfer of medical cannabis or medical cannabis products from a dispensary, up to an amount determined to be authorized by the State of California or any of its departments or divisions, to qualified patients and their caregivers. "Delivery" also includes the use by a dispensary of any technology platform owned, controlled, and/or licensed by the dispensary, or independently licensed by the State of California under the State law (as amended from time to time) that enables anyone to arrange for or facilitate the Ordinance No. NS-XXXX 75A-7 Page 3 commercial transfer by a licensed dispensary of medical cannabis or medical cannabis products. For the purposes of this article, "delivery' does not include distribution or purchase of cannabis from a licensed cultivator, and cannabis products from a licensed manufacturer, for sale to a licensed dispensary or a wholesale establishment. (s) "Dispensary" means a premises where medical cannabis or medical cannabis products, or devices for the use of medical cannabis or medical cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers, pursuant to Business and Professions Code 6 19340, medical cannabis and medical cannabis products as part of a retail sale. (t) "Responsible person" means any of the following: (1) A person who causes a Code violation to occur. (2) A person who maintains or allows a Code violation to continue, by his or her action or failure to act. (3) A person whose agent, employee, or independent contractor causes a Code violation by its action or failure to act. (4) A person who is the owner of, and/or a person who is a lessee or sub lessee with the current right of possession of, real property where a property -related Code violation occurs. (5) A person who is the on-site manager of a business who normally works daily at the site when the business is open and is responsible for the activities of such premises. For the purposes of this section "person" includes a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity. Section 4. Section 18-613 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 18-613. - Operating Standards. (a) At all times the collective is open, a collective shall provide at least one security guard who is licensed, possesses a valid Department of Consumer Affairs "security guard card", and has a valid Santa Ana Business License. (b) The security guard and collective personnel shall monitor the site and the immediate vicinity of the site to assure that patrons immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (c) Exterior signage shall comply with Article XI of Chapter 41 of the Santa Ana Municipal Code be limited to one (1) wall sign not to exneed ten (10) square feet on aFea and may not be externally or internally illuminated. Interior signage or advertising may not be visible from the exterior. Collectives and dispensaries must comply with the advertising and marketing provisions of Business and Professions Code 4§_Z6150-26155. (d) No recommendations from a doctor for medical marijuana shall be issued on-site. 75A-8 OrdinanPcge4 NS-Xxxx (e) There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of food, alcohol, tobacco or marijuana by patrons. (f) Hours of operation shall be limited to: Monday Saturday 10:00 a.m. to 12 a.m. (midnight) daily, or as regulated by State code whichever is more restrictive. No licensed dispensary/collective shall be open to the public between the hours of 12:01 a.m. and 10:00 a.m. of any da .8:00 p.m. . (g) The property provides a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the property is not detected outside the property, anywhere on adjacent property or public rights-of-way, or within any other unit located within the same building as the collective. (h) A collective shall only dispense medical marijuana to qualified patients and their caregivers as defined by California Health and Safety Code § 11362.5 (Proposition 215). This shall include possession of an original valid doctor's recommendation, not more than one (1) year old, for medical marijuana use by the patient. (i) A collective shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: (1) Use of medical marijuana shall be limited to the patient identified on the doctor's recommendation. Secondary sale, barter or distribution of medical marijuana is a crime and can lead to arrest. (2) That loitering on and around the collective site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume medical marijuana in the vicinity of the collective or on the property or in the parking lot. (3) Forgery of medical documents is a felony crime. (4) A warning that patrons may be subject to prosecution under federal marijuana laws. (5) That the use of medical marijuana may impair a person's ability to drive a motor vehicle or operate machinery. Q) A collective shall not provide marijuana to any individual in an amount not consistent with personal medical use. (k) A GGlleGtiVe shall not store Fnere than twe hundred dellars ($200)) OR Gash reserves evernigh en the n and shall make at least n e (1) daily hank Aron that inGluden all naoh Reserved. (1) No one under twenty-one (21) years of age shall be permitted to enter establishment, unless such person is a qualified patient and is accompanied by his or her primary caregiver, licensed attending physician, parent(s) or documented legal guardian. (m) A collective shall provide the name and phone number of an on-site staff person to the police department and GOMMURity preservation division the Code Enforcement Division of the Planning and Building Agency for notification if there are operational problems with the establishment. (n) Each collective operator(s) and employees shall complete a criminal background check. Employees, managers or volunteers may not have been convicted of, or plead guilty/no- contest to a felony or misdemeanor drug charge within the past four (4) years. 75A-9 Ordinance No. NS-XXXX Page 5 (o) Marijuana shall not be grown or cultivated at collective sites, except that cuttings of the marijuana plant may be kept or maintained on-site for distribution to qualified patients and primary caregivers as follows: (1) The cuttings shall not be utilized by a collective as a source for the provision of marijuana for consumption on-site, however, upon provision to a qualified patient or primary caregiver, that person may use the cuttings to cultivate marijuana plants off-site for their own use and they may also return marijuana from the resulting mature plant for distribution by the collective. (2) For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut from a marijuana plant, which is no more than six (6) inches in length, and which can be used to grow another plant in a different location. (p) A collective shall comply with applicable provisions of the California Health and Safety Code §§ 11362.5 through 11362.83, inclusive. (q) If food is distributed, the collective shall comply whisk -with all relevant state laws and city ordinances pertaining to the preparation, distribution and sale of food. (r) The location, interior and exterior, shall be monitored at all times by web -based closed-circuit television for security purposes. The camera and recording system must be of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime anywhere on or adjacent to the location. The recordings shall be maintained for a period of not less than ninety (90) days. The police department may request the recordings in connection with an investigation. If the recordings are not voluntarily provided, the police department may seek a warrant or court order for the recordings. (s) The location shall have a centrally -monitored fire and burglar alarm system and the building or the portion of the building where the collective is located shall contain a fire -proof safe. (t) No manufacture of concentrated cannabis in violation of California Health and Safety Code section 11379.6 is allowed. (u) No collective shall operate for profit. Cash and in-kind contributions, reimbursements, and reasonable compensation provided by members towards the collective's actual expenses of the growth, cultivation, and provision of medical marijuana shall be allowed provided that they are in strict compliance with State Law. All such cash and in-kind amounts and items shall be fully documented. (v) If the collective operator is not the owner of the property where the collective is to operate, the operator shall provide evidence that the property owner(s) consent to the operation of a collective on the property. (w) Collectives must obtain and maintain a valid City business license at all times as a condition for receiving, renewing, and maintaining their regulatory safety permit. (x) Occupancy shall not exceed that reouired under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. Section 5: Section 18-615 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to read as follows: Ordinance No. NS-XXXX 75A-1 0 Page 6 Sec. 18-615. - Zones permitted. Collectives. No collective shall operate within a residential (R-1, R-2, R-3, R-4, RE, CR) zone, Professional (P) zone, Arterial Commercial (C-5) zone, Planned Shopping Center (C-4) zone, Specific Development (SD), Specific Plan (SP) or Agricultural (A-1) zone. A Collective may only operate in an Industrial zone (M-1, M-2) in accordance with this article. Section 6: Section 18-617.5 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to read as follows: Sec. 18-617.5. - Audits. Annual audits. No later than €ebruaFy-15 June 30 of every year, each collective shall file with the city one (1) of an audit or financial review of its operations of the previous calendar year. The form and contents of the document shall be specified by the Executive Director of Finance and Manaaement Services. or his/her desianee. ^erneleted and ^prt0f0pid Section 7: Section 18-618 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 18-618. - Inspection and enforcement responsibilities. The Code Enforcement Division of the Planning and Building Agency may enter and inspect the location of any collective between the hours of 10:00 a.m. and 8:00 p.m. 12:00 a.m. (midnight), or at any reasonable time, to ensure compliance with this article. In addition, a designated unit within the police department may enter and inspect the location of any collective and the recordings and records maintained as required by this article, except that the inspection and copying of private medical records shall be made available to the police department only pursuant to a properly executed search warrant, subpoena, or court order. It is unlawful for any owner, responsible person, landlord, lessee, member (including but not limited to a member engaged in the management), or any other person having any responsibility over the operation of the collective to refuse to allow, impede, obstruct or interfere with an inspection, review or copying of records and closed-circuit monitoring authorized and required under this article, including but not limited to, the concealment, destruction, and falsification of any recordings, records, or monitoring. Section 8: Section 18-620 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 18-620. - Compliance with this article and state law. (a) It is unlawful for any person to: (i) Cause, permit or engage in the cultivation, possession, distribution or giving away of marijuana, or 75A-1 Ordinance No. NS-XXXX Page 7 (ii) Own establish, operate, use or permit the establishment or operation of a medical marijuana collective or cooperative, or to participate as an employee, contractor, agent, responsible person or volunteer of a collective or cooperative, except as provided in this article, and pursuant to any and all other applicable local and state laws. (iii) The prohibition in subsection (ii) above includes, renting, leasing, or otherwise permitting a medical marijuana business to occupy or use a location, vehicle, or other mode of transportation. (b) It is unlawful for any person to cause, permit or engage in any activity related to medical marijuana except as provided in Health and Safety Code Sections 11362.5 et seq., and pursuant to any and all other applicable local and state laws. (c) It is unlawful for any person to knowingly make any false, misleading or inaccurate statements or representations in any forms, records, filings or documentation required to be maintained, filed or provided to the city under this article, or to any other local, state or federal government agency having jurisdiction over any of the activities of collectives. (d) It shall be the sole responsibility of the members engaged in the management of the collective to ensure that the collective is at all times operating in a manner compliant with all applicable state laws and this article. Nothing in this article shall be construed as authorizing any actions which violate state law with regard to the cultivation, transportation, provision, and sale of medical marijuana. (e) Cultivation of Marijuana. (1) Personal Cultivation. Individuals 21 years of age or older may plant, cultivate, harvest, dry, or process up to (6) living marijuana plants for personal use in a private residence or accessory structure to a single private residence in the City of Santa Ana and must comply with the following requirements: (i) The marijuana cultivation area shall be located indoors within a private residence or accessory structure on a single parcel of property; (ii) No more than six (6) living marijuana plants is permitted for indoor personal cultivation; (iii) Marijuana in excess of 28.5 grams produced by plants kept for indoor personal cultivation must be kept in a locked space on the grounds of the private residence not visible from the public right -of way. (iv) There shall be no exterior visibility or evidence of marijuana cultivation outside the private residence from the public right-of- way, including but not limited to any marijuana plants, equipment used in the growing and cultivation operation, or any light emanating from the cultivation; or 75A-12 OrdinaPage8 NS-Xxxx (v) The cultivation may not violate any California Building, Electrical or Fire Codes or any other health and safety standards. (2) Commercial Cultivation. Commercial cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a qualified patient or primary caregiver, shall engage, permit, or participate in the commercial cultivation of marijuana in the City. (3) Outdoor Cultivation. Outdoor cultivation of marijuana or medical marijuana is prohibited anywhere in the City. No person, including a qualified patient or primary caregiver, shall engage, permit, or participate in the outdoor cultivation of marijuana in the City. (4) Nuisance. (i) It is hereby declared to be unlawful, a public nuisance, and a violation of this Chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to cause or allow such parcel to be used for the cultivation of marijuana, unless the person is authorized by state law to grow marijuana within a private residence, and such authorized person is complying with all requirements of this Chapter. (5) Public Nuisance Prohibited. (i) It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge or possession of any parcel within the City to create a public nuisance in the course of cultivating marijuana plants or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces: (1) Odors which are disturbing to people of reasonable sensitivity residing or present on adjacent or nearby property or areas open to the public; (2) Repeated responses to the parcel by law enforcement personnel; (3) A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public; (4) Any other impacts on the neighborhood which are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near the dwelling, and excessive noise emanating from the dwelling. (5) Outdoor and Commercial growing and cultivation of marijuana. 75A-13 Ordinance No. NS-XXXX Page 9 (f) marijuana er .. ebile diSPGRsaries WithiR the city. A permitted medical marijuana dispensary may deliver medical marijuana only to a qualified patient or caregiver. Medical marijuana delivery services by dispensaries possessing regulatory safety permits must comply with Business and Professions Code §19340. Delivery of cannabis from a dispensary permitted pursuant to this Chapter can only be made in a city or county that does not expressly prohibit it by ordinance. Delivery services by dispensaries not in possession of regulatory safety permits is expressly prohibited. Section 9: Section 18-621 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Sec. 18-621. - Violation and enforcement. A. Violation/enforcement. Each and every violation of this article shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by this Code. Additionally, as a nuisance per se, any violation of this article shall be subject to injunctive relief, revocation of the collective's registration, revocation of the certificate of occupancy for the location, disgorgement and payment to the city of any and all monies unlawfully obtained, costs of abatement, costs of investigation, attorney fees, and any other relief or remedy available at law or equity. The city may also pursue any and all remedies and actions available and applicable under local and state laws for any violations committed by the collective and persons related or associated with the collective. B. Suspension or revocation. When the Chief of Police finds that any person holding a regulatory safety permit under the provisions of Chapter 18 has violated the provisions of this chapter or is found guilty of conduct which would form the basis of denial of the regulatory safety permit as set forth in Article XIII of Chapter 18, s/he may revoke or suspend the permit. No such revocation shall become effective until the regulatory safety permit holder has been notified in writing by certified mail of the right to appeal the revocation decision pursuant to the provisions or Chapter 3 of this Code. If a timely appeal is filed, the revocation shall be effective only upon decision of the city council. Otherwise, the revocation shall become effective after the timely appeal period has passed. Section 10: Section 18-622 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby added to read in full as follows: Sec. 18-622. — Transfer of Ownership. A. Upon the transfer of any interest in a collective/cooperative, the regulatory safety permit shall be null and void. Any person, firm or entity desiring to own or operate the collective/cooperative shall make a new application. Prior to or concurrent with the submission of said application the transferee shall obtain all required business licenses, Ordinance No. NS-XXXX 75A-14 Page 10 not otherwise be entitled to do: and any permit, license, variance or other instrument of approval or evidence that any conditions exist as required by any other section of this Code or by any statute or code provisions of the state must first be obtained or complied with before the doing of any act or thing for which it is required. A fee as established by resolution of the city council shall be payable for each such application involving transfer of any interest in an existing collective/cooperative. The provisions of section 18-617.1 and 18-617.2 of this chapter shall apply to any person, firm, or entity applying for a regulatory safety permit for premises previously used as such establishment. B. Any such transfer of any interest in an existing collective/cooperative or any application for an extension or expansion of the building or other place of business of the collective/cooperative shall require inspection and compliance with section 18-618 of this chapter. C. The owner or operator of a collective/cooperative shall be responsible for notifying the city of any intention to rename, change management, or convey the business to another person/entity. Notification to the City must be made a minimum of sixty (60) days prior to such transfer. Section 11: Section 18-622-649 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Secs. 18-6223-18-649. - Reserved. Section 12: Section 21-131 is hereby added to Article XII of Chapter 21 of the Santa Ana Municipal Code and shall read as follows: Sec. 21-131. — Transferability of Collective/Cooperative Business License Section 21-67 of this chapter notwithstanding, business licenses issued to Collective/Cooperatives pursuant to this article shall be transferable or assignable upon presentation of a valid regulatory safety permit issued in the name of the transferee or assignee. Section 13. 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 day of 2017. 75A-1 5 OrdinanceNo.11 NS-xxxx APPROVED AS TO FORM Sonia R. Carvalho, City Attorney m Lisa Storck Assistant City Attorney /_\'/:10111 NOES: Miguel A. Pulido Mayor Councilmembers: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 75A-16 Ordinance No. NS-XXXX Page 12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — APPROVE FISCAL YEAR 2017-18 CITY BUDGET (STRATEGIC PLAN NO. 4,2A) tl�? is CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •:• •, ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Approve the fiscal year 2017-18 City Budget, which includes the following recommended actions: 1. Authorize the use of fund balance from the general fund in the amount of $9.3 million for fiscal year 2017-18. 2. Direct staff to transition from a Type II Jail Facility to a Holding Facility during fiscal year 2017-18. 3. Adopt an ordinance appropriating funds for the fiscal year commencing July 1, 2017 (EXHIBIT 1). Alternative Option 1. Direct staff to identify programs and services to reduce or eliminate and return to City Council with a revised budget for consideration and adoption for fiscal year 2017-2018which does not utilize one-time fund balance. DISCUSSION On June 6,n, the City Council approved four of the seven recommended actions related to the City Budget which included the following: • Adoption of a Seven -Year Capital Improvement Program (CIP). • Amending a resolution to reestablish the City's basic classification and compensation plan. • Directing the City Manager to present a quarterly general fund fiscal review and accounting of unspent funds as it relates to vacant positions. • Directing the City Manager to explore operational efficiencies and revenue enhancements to minimize the usage of one-time monies during the fiscal year. 75C-1 Public Hearing — Fiscal Year 2017-18 City Budget June 20, 2017 Page 2 In addition, the City Council was presented with a report by Kelly Associates Management Group which performed a review of the City's financial operating reserve balances. In response to the auditor's recommendation, staff will begin implementing the following: • Provide an update for the general fund on a quarterly basis. • Prepare a five-year financial forecast for the general fund. • Develop a personnel vacancy rate across all departments and a funded/unfunded vacancy report. • Augment the funding of the Economic Uncertainty account with available general fund balance(s). • Maintain the current operating reserve levels. Fiscal Year 2017-2018 City Budget The total annual Fiscal Year 2017-18 City Budget (EXHIBIT 2) is $510,678,778. Incorporated are all funded appropriations related to the General Fund, Internal Service, Enterprise, Special Revenue, Community Development and Housing fund(s), along with Capital Improvement Projects. In addition, proposed workforce changes are also included reflecting a net total of five full-time positions, as well as reallocation of ten positions city-wide. The proposed fiscal year 2017-18 General Fund budget is estimated at $234,200,795 and equates to approximately 45.9% of the total annual proposed budget. The General Fund supports those functions most commonly associated with city government such as police, fire, recreation, library, planning and building, street maintenance and general city administration. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #2, (Provide a reliable five-year financial forecast that ensures financial stability in accordance with the strategic plan), Strategy A (Adopt a budget that is in alignment with the financial forecast and strategic plan). FISCAL IMPACT With approval of the proposed fiscal year 2017-18 budget, $510,678,778 will be appropriated to the City's various funds, departments, programs and enterprise activities. Of those amounts, $234,200,795 will be appropriated to the various general fund operating departments. APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Ordinance (Budget and CIP) 2. Fiscal Year 2017-18 City Budget 75C-2 EXHIBIT 1 LS 6/6117 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROPRIATING MONIES TO THE SEVERAL OFFICES, AGENCIES, AND DEPARTMENTS OF THE CITY FOR FISCAL YEAR BUDGET PERIOD COMMENCING JULY 1, 2017 THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines, and declares as follows: A. The City Manager has prepared and submitted to the City Council, pursuant to Section 605 of the City Charter, a proposed budget for expenditures for the fiscal year commencing July 1, 2017. B. In accordance with Section 606 of the City Charter, a public hearing has been held upon the proposed budget of expenditures after notice of such public hearing had been published in the manner prescribed in Section 606 of the City Charter. C. The proposed budget of expenditures duly submitted and considered as herein stated, together with any supplemental revisions and amendments thereto, was approved, adopted, and fixed by the City Council as the budget of the City for fiscal year 2017-2018, commencing July 1, 2017, in the amounts and for the funds, purposes, functions, department activities, and programs as therein set forth, including the Seven -Year Capital Improvement Program Plan update per Orange County Transportation Authority Measure M2 eligibility requirement. The adopted budget, including any supplemental revisions and amendments, together with a copy of the appropriation ordinance, shall be placed in the official files of the Clerk of the Council. Section 2. There are hereby appropriated to the several offices, agencies, and departments of the City, being the respective object and purposes specified in that certain document entitled " Fiscal Year 2017-2018 City Budget", a copy of which is on file in the Office of the Clerk of the Council, out of the various funds of the City for fiscal year 2017-2018, the several amounts stated as proposed expenditures from such funds, respectively, in those columns of the Budget that are headed "FY 17-18". Each aggregate of expenditures so specified in the Budget for the fiscal year for each program shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter, except that as to any office, department, Ordinance No. NS - Page 1 of 4 75C-3 or agency of the City for which more than one program is designated in Section 2 (General Fund Operating Budget) of the Budget, the aggregate expenditure authorized for all programs in Section 2 of each such office, department, or agency shall be deemed to be an appropriation for a single object and purpose within the meaning of Section 609 of the City Charter. Section 3. The appropriations hereby made shall constitute the maximum expenditures authorized for the several offices, agencies, and departments opposite which the amounts of such appropriations are shown in the Budget. Section 4. No warrant shall be issued or indebtedness incurred for any purpose that exceeds the unexpended balance of the appropriations established by this ordinance, unless such appropriation shall have been amended or supplemented by the City Council in the manner set forth in Section 609 of the City Charter. The City Manager is hereby authorized to make revisions between the items included within any such appropriation if, in his/her opinion, such revisions are necessary and proper. Section 5. In accordance with Governmental Accounting Standards Board Statement 54, the City Manager or his/her designee is hereby authorized, as of the date of this ordinance, to allocate assigned governmental funds' balances to specific programs and activities as deemed necessary and proper. Section 6. The Executive Director of Finance and Management Services is hereby authorized to transfer monies in accordance with the Interfund Transfers listed in the Budget in such amounts and at such times during the fiscal year as he/she may determine necessary to the competent operation and control of City business, except that no such transfer shall be made in contravention of State law or City ordinance or exceed in total the amount stated herein or as amended by the City Council. Section 7. One certified copy of this appropriation ordinance together with a certified copy of each amendment thereto shall be transmitted by the Clerk of the Council to the Executive Director of Finance and Management Services. Section 8. The City Council of the City of Santa Ana hereby adopts the updated Seven -Year Capital Improvement Program, as set forth in the 2017-2018 City Budget. Section 9. Upon and from the effective date of this ordinance, expenditures of monies appropriated hereby are authorized beginning July 1, 2017. Section 10. The Clerk of the Council shall cause the title of this ordinance to be published as required by law. Section 11. All presently applicable documentation pertaining to the number, titles, qualifications, powers, duties, or compensation of officers or employees of the City, which has been previously approved by resolution or order of the City Council and Ordinance No. NS - Page 2 of 4 75C-4 which is currently on file with the Executive Director of Personnel Services, is incorporated herein and is hereby approved. The City Manager is authorized to create, alter, or abolish any position of employment, or the number, title, qualifications, powers, duties, or compensation thereof, when such action is appropriate to promote the efficiency of the City administrative organization; provided, however, that no such action shall be effective unless and until approved by resolution or order of the City Council. ADOPTED this day of June, 2017. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: `j, Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Ordinance No. NS - Page 3 of 4 Councilmembers Councilmembers Councilmembers Councilmembers 75C-5 Miguel A. Pulido Mayor CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council 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 June _, 2017, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date Ordinance No. NS - Page 4 of 4 Clerk of the Council City of Santa Ana 75C-6 ljg� CITY OF SANTA ANA FISCAL YEAR 2017-2018 CITY BUDGET 3 ri V* FISCAL YEAR 2017-18 PROPOSED CITY BUDGET TOTAL CITY BUDGET REVENUE SOURCES & APPROPRIATIONS FY 2017-2018 Community Safety Youth, Education, Recreation Economic Development City Financial Stability Community Health, Livability, Engagement & Sustainability Community Facilities & Infrastructure Team Santa Ana 75C-8 I LL N o d � V O a0 C _ M LL M R CO CO c � a� C7 =e MM co LL C 7 CD0 co pp N 0 69 V V (n 00 LL ch V CD C L CL) R fH p Q QJ N Q_ O ' W _ ; 750-10 Q7 0 N �,7 O_ v w O C 00 W N wLO C LL m A m y O O � M N EA co rftW W w � o O 0 O O ■ L d O I ^ � o d � L�m �o L Q^ Li L6 m rn M �\/ CL N� C Opo N m is> cp C .--, Q C7 d N U LL o 1 u ) mCD 7 v' C V d d p C o fC 0 Omi n 06 L LL n N 7 1CL U N O N p N m E T Q 07 9 C00 O r Lim Vl N M w O O D = (A w 750-10 Q7 0 N �,7 O_ v w O C 00 W N wLO w FISCAL YEAR 2017-18 PROPOSED CITY BUDGET INTERNAL SERVICE FUND REVENUE SOURCES & APPROPRIATIONS FY 2017-2018 Community Safety Youth, Education, Recreation Economic Development City Financial Stability Community Health, Livability, Engagement & Sustainability Community facilities & Infrastructure Team Santa Ana 75C-11 LL M O M N co 40 1-01 LL w d c � °7 0 m na o 7 y O C4 L Q u-) O y E N cn >" U LQ a w co E Y W L 't o An J 75C-12 6 LL 0 CL 0 LM �, Li•J um co w O M M N w 60 Z 0 a �c a 0 w a CL Q V1 d U_ U CD C o C U) m d C M a ._ y < C O ,6 o U � C -d � = Cd CL c LU c 0 :.o R o �/1 O C V E � UC:� N � d U Y O O (/> d d U - c o m rn E o m m C CL N d C/) �) w W C d <fi E d a LU 75C-1fi3 FISCAL YEAR 2017-18 PROPOSED CITY BUDGET GENERAL FUND REVENUE SOURCES & APPROPRIATIONS FY 2017-2018 Community Safety Youth, Education, Recreation Economic Development City Financial Stability Community Health. Livability, Engagement & Sustainability Community Facilities & Infrastructure Team Santa Ana 75C-14 w Z 0 0 2 X N to o Gf O a O N ccs O LO 69 A F N L6 Y! v c J O c °,0 N � m b4 75C-15 9 i d R (h ca O N v v P- C, � ami cN+� r CN Ul V it If) Vi 00 p p` LL N M c r N M U.� eo Cn r— iu LL C-) �r ~ v r 0 i QJ O «. CC O s, C w Cj 0. co V U o L O m O rCl) Q) `o f,% CL w Z 0 0 2 X N to o Gf O a O N ccs O LO 69 A F N L6 Y! v c J O c °,0 N � m b4 75C-15 9 i d R (h ca O N v v P- C, � ami cN+� r CN Ul U o 0 d r t: o M LO n m 0) r cM n ry L � M "LO N ?_ � o co 0 d O N COC Cl A to O 0 m N NM N adCD O C 7 O) C7 CR C C O ER h03. O C NrO_ to O ^to CD 0 o O `"": Cl) _@ W 0� qczr 0 o Lo CD CD to t-.GMA Q -j N N j E u O 0 m 75 a m ECU- o C .3o r E p U i O CJ �! a CD y N E o Ess o W m CO (a > m y E o c CL aC C Ncc N o E m o E m Q `° to C E CA` a) 30 �` O �' C' Z U J °�IL m U c U U U 1A i 75Gy -l6 R o o r C N U� d r t: O M LO Q m 0) r J m aiEV n ry L � M "LO N �s 1A i 75Gy -l6 R o M J m aiEV y (O co co e r,��, 4 Z� � o co d O N COC Cl A to O 7 V' NM adCD O C ER h03. O C CD QYaaW R OU')a 0� ayCyC� IwE>— j c co o c> O m Q L6 06L .1Z w d N U y C C C U FISCAL YEAR 2017-18 PROPOSED CITY BUDGET WORKFORCE CHANGES GENERAL FUND & NON -GENERAL FUNI Community Safety Youth, Education, Recreation Economic I City Financial Stability Community Health, Livability, Engagement & Sust Community Facilities & Infrastructure Team Santa Ana 75C-17 Proposed Full -Time Workforce Changes - FY 17-18 Additions/Deletions Organizational Changes Non - Fiscal General General Department Qty. Position Impact Fund Fund Community Development Agency 1 Arts & Culture Specialist 92,680 0 92,680 1 Administrator 92,680 0 92,680 Finance & Management Services 1 Accountant 1 20,374 20,374 0 1 Senior Accounting Assistant 103,091 103,091 (226,160) (1) Accounting Assistant (103,091) 2 (103,091) 0 1 Librarian 20,374 20,374 0 Police Department (8) Network Specialist/WAN Systems (1,052,674) (1,052,674) 0 Information Technology 1 Administrator 140,850 0 140,850 1 Web Systems Technician 85,310 0 85,310 (1) Project Management Officer (226,160) 0 (226,160) 1 Senior Management Analyst 0 0 0 Parks, Recreation & Community Services 1 Librarian 92,920 0 92,920 2 Recreation Leader 110,970 ' 110,970 0 3 203,890 110,970 92,920 Police Department (8) Correctional Officer (1,052,674) (1,052,674) 0 (2) Correctional Supervisor (333,260) (333,260) 0 (1) Sr. Correctional Records Specialist (96,551) (96,551) 0 1 Personnel Technician 81,621 2'3 81,621 0 1 Senior Management Analyst 147,122 3 147,122 0 (9) Water Services Quality Inspector (1,253,742) (1,253,742) 0 Public Works Agency 1 Management Aide 131,056 0 131,056 1 Assistant Engineer I (Parking Pgm) 171,805 171,805 0 1 Senior Office Assistant 31,641 2 0 31,641 2 Construction Inspector l 245,974 0 245,974 1 Water Services Supervisor 148,633 0 148,633 3 Water Services Quality Inspector 384,381 0 384,381 (1) Equipment Operator (114,084) 0 (114,084) 8 999,406 171,805 827,601 General Fund Positions (5) Non -General Fund Positions 10 Total 5 62,608 (950,593) 1,013,201 2 Strategic Plan Funding 2 Includes reduction in part time staffing 3 Funding through operational savings 12 75C-18 Proposed Full -Time Workforce Changes - FY 17-18 Reallocations Non - Fiscal General General City Attorney's Office Qty. Position Impact Fund Fund (1) Senior Legal Secretary (110,177) (110,177) 0 1 Litigations Assistant 110,177 110,177 0 0 0 0 Non - Fiscal General General Community Development Agency Qty. Position Impact Fund Fund (1) Senior Receptionist (99,314) 0 (99,314) 1 Senior Office Assistant 95,826 0 95,826 (3,488) (3,488) Police Department Qty. Position Impact Fund Fund (1) Police Services Officer (103,197) (103,197) 0 1 Communications Services Officer 103,197 103,197 0 Public Works Agency Qty. Position Non - Fiscal General General mpact Fund Fund (1) Engineering Aide (185,339) 0 (185,339) Non - Assistant Engineer II 185,339 0 Fiscal General General Finance & Management Services Qty. Position Impact Fund Fund 131,226 (1) Management Aide (87,065) 0 (87,065) 0 1 Management Analyst 93,939 0 93,939 6,874 0 6,874 Non - Fiscal General General Personnel Services Agency Qty. Position Impact Fund Fund (1) Personnel Services Specialist (104,470) 0 (104,470) 1 Risk Management Assistant 104,470 0 104,470 (1) Risk Management Coordinator (133,599) 0 (133,599) 1 Risk Management Supervisor 144,015 0 144,015 10,416 0 10,416 Non - Fiscal General General Planning & Building Agency Qty. Position Impact Fund Fund (1) Associate Planner (170,287) (170,287) 0 1 Senior Planner 178,201 178,201 0 (1) Code Enforcement Supervisor (168,492) (168,492) 0 1 Code Enforcement Principal (AM) 195,770 195,770 0 35,192 35,192 0 Non - Fiscal General General Police Department Qty. Position Impact Fund Fund (1) Police Services Officer (103,197) (103,197) 0 1 Communications Services Officer 103,197 103,197 0 Public Works Agency Qty. Position Non - Fiscal General General mpact Fund Fund (1) Engineering Aide (185,339) 0 (185,339) 1 Assistant Engineer II 185,339 0 185,339 (1) Senior Water Systems Operator (130,624) 0 (130,624) 1 Water Services Production Supervisor 131,226 0 131,226 602 0 602 Total 49,596 35,192 14,404 75C-19 r_ '15C-20 =E? EOOdp E U W O D L V1 W W O 5� FI W W F 00 W 1H 1 p') wF x U z 0 HI F d N z x 0 r_ '15C-20 =E? EOOdp E U W O D L Community Safety Youth, Education, Recreation Economic Development City Financial Stability Community Health, Livability, Engagement & Sustainability Community Facilities & Infrastructure Team Santa Ana 75C-21 75C-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — GENERAL PLAN AMENDMENT NO. 2017-01 AND AMENDMENT APPLICATION NO. 2017-01 FOR THE AQUA SUPPORTIVE HOUSING PROJECT AT 317 EAST SEVENTEENTH STREET — COMMUNITY DEVELOPMENT PARTNERS, APPLICANT (STRATEGIC PLAN NO. 5, 3) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Approve and adopt Negative Declaration, Environmental Review No. 2017-24. 2. Adopt a resolution approving General Plan Amendment No. 2017-01. 3. Place ordinance Amendment Application No. 2017-01 for Specific Development No. 91 on first reading and authorize publication of title. PLANNING COMMISSION ACTION At its regular meeting on May 22, 2017, by a vote of 7:0, the Planning Commission recommended that the City Council approve and adopt the Negative Declaration, Environmental Review No. 2017-24; adopt a resolution approving General Plan Amendment No. 2017-01; and adopt an ordinance approving Amendment Application No. 2017-01 for the Aqua supportive housing project, a 57 -unit multi -family residential development at 317 East Seventeenth Street. The Planning Commission added one condition that the applicant shall submit revised architectural elevations with additional colors, materials, windows, or recessed areas subject to the review and approval of the Planning Manager (Exhibit A). DISCUSSION Brian Hendricks, representing Community Development Partners, is requesting approval of two entitlements for the Aqua permanent supportive housing project, a 57 -unit multi -family residential development proposed at 317 East Seventeenth Street. Specifically, the applicant is requesting approval of a General Plan Amendment (GPA) to change the property's General Plan land use designation from General Commercial (GC) and Medium Density Residential (MR -15) to the Urban Neighborhood (UN) land use designation and approval of an Amendment Application (AA) 75D-1 GPA No. 2017-01, AA No. 2017-01 & ER No. 2017-24 — Aqua Supportive Housing project at 317 East Seventeenth Street June 20, 2017 Page 2 to change the property's zoning designation from Community Commercial (C-1) and Multiple - Family Residence (R-3) to Specific Development No. 91 (SD -91). .Full-sized plans are available for public viewing in the Clerk of the Council Office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). 36'i�_l�I�riLJ� There is no fiscal impact associated with this action. Hassan Haghani, AICP Executive Director Planning & Building Agency SK:rb MADevelopment ProjeclsTP 2017-10_317 E 17th Briding The AquMRFCA-Aqua Suppardve Housing.Doc Exhibit: A. Planning Commission Staff Report B. Resolution C. Ordinance 75D-2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: MAY 22, 2017 TITLE: PUBLIC HEARING — ENVIRONMENTAL REVIEW NO. 2017-24, GENERAL PLAN.AMENDMENT NO. 2017-01 AND AMENDMENT APPLICATION NO. 2017-01 FOR THE AQUA SUPPORTIVE HOUSING PROJECT AT 317 E. SEVENTEENTH STREET — COMMUNITY DEVELOPMENT PARTNERS, APPLICANT (STRATEGIC PLAN NO. 5, 3) Prepared by Selena Kelaher Oecuti4blrector RECOMMENDED ACTION Recommend that the City Council: PLANNING COMMISSION SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO -� Planning_ Manager F 1. Approve and adopt Negative Declaration, Environmental Review No. 2017-24. 2. Adopt a resolution approving General Plan Amendment No. 2017-01. 3. Adopt an ordinance approving Amendment Application No. 2017-01 for Specific Development No. 91. Executive Summary Brian Hendricks, representing Community Development Partners, is requesting approval of two entitlements for the Aqua permanent supportive housing project, a 57 -unit multi -family residential development proposed at 317 E. Seventeenth Street. Specifically, the applicant is requesting approval of a General Plan Amendment (GPA) to change the property's General Plan land use designation from General Commercial (GC) and Medium Density Residential (MR -15) to the Urban Neighborhood (UN) land use designation and approval of an Amendment Application (AA) to change the property's zoning designation from Community Commercial (C-1) and Multiple - Family Residence (R-3) to Specific Development No. 91 (SD -91). Staff is recommending approval of the applicant's request. Protect Background and Chronology On December 28, 2016, the Santa Ana Housing Authority issued a Request for Proposal soliciting applications for project -based vouchers for permanent supportive housing. These EXHIBIT A 75D-3 GPA No. 2017-01, AA No. 2017-01 May 22, 2017 Page 2 vouchers are used to reduce the number•of people experiencing homelessness in the City of• Santa Ana. Three proposals were submitted and a panel was established to review the proposals and interview the developer and service provider teams. Community Development Partners, in partnership with Mercy House Living Centers, was the second rated proposal.., Staff recommended that the applicant be awarded 25 project -based vouchers. In March of 2017, Community Development Partners submitted plans for a 59 -unit permanent supportive housing project with 33 parking spaces. Following receipt of comments from the City's development review process the applicant reduced the number of units to 57, increased the number of parking spaces to 36 spaces and made site modifications that. improved the proposed project. On March 22, 2017, the •Community Redevelopment and Housing Commission recommended that the Housing Authority award 25 project -based vouchers to Community Development. Partners and Mercy Housing Living Centers to provide permanent supportive housing units with wrap-around supportive services for chronically homeless individuals. On April 4, 2017, the City Council unanimously authorized the Housing Authority .to execute an Agreement to enter into a Project -Based Housing Assistance Payments Contract with Community - Development Partners for the 25 project -based vouchers for the proposed project. Table 1: Project and Location Information Item Information Project Address 317 East Seventeenth Street Nearest Intersection Spurgeon and Seventeenth Streets Existing Proposed General Plan Designation General Commercial (GC) Urban Neighborhood (UN) Medium Residential MR -15 Zoning Designation Community Commercial (C-1) Specific Development No. 91 Multiple -Family Residence R-3 SD -91 Surrounding Land Uses North Santa Ana 1-5 Freeway East Santa Ana 1-5 Freeway and Commercial South Commercial West Residential Site Size (combined) 39,370 square feet (.90 acres) Existing Site Development The site is developed with a 35 -room motel, pool and accessory structures that would be demolished with the construction of the proposedproject. Attachments Exhibit 1 (Vicinity Map), Exhibit 2 (Land Use Map), Exhibit 3 (Site Photo), Exhibit 4 (Site Plan), Exhibit 5 (Floor Plans), Exhibit 6 (Elevations), Exhibit 7 (Renderings), Exhibit 8 (Landscape Plan) Exhibit 9 (Revised Land Use Element), Exhibit 10 (Revised Zoning' Map), Exhibit 11 (Specific Development No. 91;), Exhibit 12 (Link to Draft Negative Declaration), Exhibit 13 (Resolution), Exhibit 14 Draft Ordinance 75D-4 GPA No. 2017-01, AA No. 2017-01 May 22, 2017 Page 3 Project Analysis The applicant is requesting approval of a general plan amendment and amendment application (zone change) in order to construct a 57 -unit permanent supportive housing -project. Table 2 on the following page provides a detailed summary of the proposed development. Table 2: Project Summary Residential Units Unit Type. Number Proposed Percent of Develo ment Square Footage Studio 12 21 450 One_=Bedroom 45 79 550 Parkin Parking TvDe Number Proposed Percent of Parking Allocation. Garage $ aces 28 78 0.6 per unit Tuck -under Spaces 8 22 Disbursed throughout development site Total Spaces 36 100 Common.S ace Common Space Type Area Proposed Percent of Common Space Amenities Provided Outdoor Landscape Area 9,380 62% Backyard, community garden, courtyard, podium deck Private Open Space 2,280 15% Private patios Interior Community Space 2,270 14% Lobby, dining hall, community room, computer room, gym, laundry rooms Support Services 1,320 9% Property manager, conference room, service provider offices Total Area 15,250 100 There are 56 permanent supportive housing units which will serve chronically homeless residents earning at or below 60% of the Area Median Income and one (1) additional unit to be occupied by the on-site property manager, bringing the total residential unit count to 57. The rental units will be 100 percent affordable to provide permanent housing to chronically homeless residents earning at or below 60 percent of the Area Median Income, with the exception of a single one - bedroom property manager's unit for a minimum of 55 years. Supportive housing is housing with no limit on the length of stay, is occupied by persons or families who were homeless when approved for tenancy and is linked to onsite or offsite services that assist the resident in retaining housing, improving their health status and maximizing their ability to live and work in the community, as defined by § 50675.14 of the Health and Safety Code. The project includes 12 studios and 45 one -bedroom units, office space for service providers; community room, dining room, computer room, gym, laundry facilities and a leasing office. The 75D-5 GPA No. 2017-01, AA No. 2017-01 May 22, 2017 Page. 4 outdoor space includes an outdoor yard, community garden, decks, and barbeques. The site plan is a unique design due to the irregular shape of the lot. There are three undulating buildings that vary from three to four stories in height and are connected by pedestrian walkways and bridges. The project has. contemporary architecture with a variety of materials and colors. On- site vehicular circulation is designed to provide access to the enclosed parking garage and tuck - under parking spaces and the, pedestrian pathway will have enhanced paving, to lead residents from theftont of the property to the residential building and open space at the rear (Exhibits 4 -8), The project provides 36 off-street parking spaces (0,6 parking spaces per unit) within .an enclosed garage and tuck -under parking spaces. On January 1, 2016 Assembly Bill (AB 744) became effective, which amended sections of the State's Density Bonus Law (§,65915 of the Government Code) and requires local jurisdictions to approve alternative parking ratios (at a ratio of 0.5 spaces per unit) for 100 percent affordable developments consisting solely of rental units and within one-half mile of a major transit stop. The project is utilizing the reduced parking ratio, as project will be 100 percent affordable and the intersection of Seventeenth and Main Streets is a major transit stop that is located within one-half mile of the project. General Plan Amendment The applicant is requesting approval of a"General Plan Amendment to change the General'Plan land use designation from General Commercial (GC) and Medium Density Residential (MR -15) to Urban Neighborhood (UN) with a floor area, ratio of 1.3 (Exhibit 9). Per the General Plan, the UN land use designation applies primarily to residential areas with pedestrian oriented commercial uses, schools and small parks. The UN allows for a mix of residential uses and housing types, such as mid to low-rise multiple -family, townhouses and single-family dwellings; with some opportunities for live -work, neighborhood serving retail and service, public spaces and other similar uses. Either vertical or horizontal integration of uses is permitted based on zoning standards, with an emphasis on tying together the uses with pedestrian linkages and street frontages. Street connectivity is desirable, allowing for a high degree of walkability, transit options, and other forms of transportation including pedestrian and bicycle travel. The intensity standard for the UN land use ranges from a floor area ratio of 0.5 to 3.0 with the residential density based on a combination of floor area ratio and zoning development standards. The project is consistent with the intent, character and intensity standards of the UN land use designation. In addition, the City is in the process of updating the General Plan. A key component of the update process includes the identification of sites and corridors for future development. The Envisioning Map identifies the Seventeenth Street corridor, including the project site, as a potential area for mixed-use development up to six stories in height and at a maximum density of 100 dwelling units per acre. The future land use designation of the Seventeenth Street corridor will be studied in greater depth as the update process continues. 75D-6 GPA No., 2017-01, AA No. 2017-01 May 22, 2017 Page 5 Amendment Application The subject site is split between the Community Commercial (C-1) and Multiple -Family Residence (R-3) zoning district. The development standards pertaining to the two zoning districts would render the project unfeasible. Approval of an amendment application to change the zoning district is required for the project (Exhibit 10). The Specific Development (SD) designation allows flexibility of the uses and development standards that are tailored to a unique and specific project. If the zone change is approved, a series of site-specific objectives, policies and development standards will be used to guide the development of the proposed project such as setbacks, parking and height to allow the exclusive entitlement of the permanent supportive housing project. The SD document has been drafted to be consistent with the project and prohibits future modifications to enlarge or reduce the size of the project (Exhibit 11). The zone change needs to be approved in conjunction with the proposed General Plan Amendment in order for the project to be consistent with the General Plan. Table 3: CEQA. Strategic Plan Alignment, and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA Type Negative Declaration (ND) Environmental Review No. 2017-24. No areas of significant impact were determined from the construction or operation of the ro osed ro'ect Exhibit 12). Public Notification A notice of intent and draft ND was circulated to interested parties and the State Clearing Housing on April'28, 2017 and published in the Orange County Register on April 28, 2017. The draft ND was available for public review at the Santa Ana City Hall, City of Santa Ana Main Library, and on the project webpage on the City's website. Strategic Plan Alignment Goal(s), Policy or Approval of this item supports the City's efforts to meet Goal #5 (Community Policies Health, Livability, Engagement & Sustainability) Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). Public Notification & Community Outreach Required Measures Community Meeting was held on April 6, 2017 at 5:30 p.m. at the Santa Ana Regional Transportation Center in accordance with the provisions of the City's Sunshine Ordinance. Two members of the public and Planning Division staff attended. The applicant provided all the required information to the City after the meeting. A public noticed was posted on the project site on May 12, 2017. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on May 12, 2017. Newspaper posting was published in the Orange County Register on May 12, 2017. 75D-7 GPA No. 2017-01, AA No. 2017-01 May 22, 2017 Page 6 Conclusion Based on the analysis provided within this report, Commission recommend that the City Council adopt Amendment No. 2017-01 and recommend that the City Amendment Application No. 2017-01. SO,4,-,'WU4e,— Selena Kelaher, AICP Associate Planner SK: sb M9Deve1opmentPmjecWDP 2017.10_317 E 17th Bdding The Aqu IPC Staff RaporWoc Exhibits: 1 — General Vicinity Map 2 — Existing Land Use Map 3 — Site Photo 4 — Site Plan 5 — Floor Plans 6 — Elevations 7 — Renderings 8 — Landscape Plan 9 — General Plan Amendment 10 — Zoning. Map 11 — Specific Development No. 91 12 — Link to Draft Negative Declaration 13 - Resolution 14 — Draft Ordinance 75D-8 staff recommends that the Planning a resolution approving General Plan Council adopt an ordinance approving JRI LS Hou b� R1 i .,z O k s R R1 Rz +y` ,. ml RI ry "� R1 3=RI a I RI Mo � R1 R1R2 RI 8 R1RI RI P R2Cl® Lai .� is ? — RI Rt Cl RI C1 0 FF-- 11 $1 SP R3 N 0.t IU G RI C2 P RI CS N a RI MI O M1 Cs $ RI Up sP sP s3 u u as q��� S M2 R cy Q sol MRI Cs 2 -5R3 w Rx �h R1 �n TI SP -3 iIT-T:;*II.� � M2 � R2 m Nk m, Ml O M` 1• I SP -3 'i I V M,✓ a d M2 0 R3q tis 1 sp-3 , a D��0 Pp \s \ Sd" Mlm O O R3 q Al GNHWLAGRCULTUW CR COMMEUMERDE AL RI SNCIERIMILYFI;SDERIAL -B FAFiNNGMODIRCAnCN GC GOVERMEYTB4TE2 m TIAOFAMILYFE3DNCE GSA CCMMEOALSOMMAIN M1 UGHTINDUSFI Rf MULTREDNSTYMaMFLE C1 COMMUNVOOMMEOAL M2 HE YINDL6'RiAL FAMILYFE3DNCE Ci -MD CONM.CDMMEnAVMUSEIM DISIRCT MO MILITAR.'ORR=Ns m SUEUFEvdAR1 Sm C2 GNENLCOMMEU4L 0 ORPISACE FE FE3DNRALSRTE C3 CEfrMOBNEES p ROFiMONAL SD SRURCDEHORA NT MA CD4TPALMSNEPRRSrMLAGE PD RMR MOOMMUNFIYDB/9-DWA S' 9$.1RCRAN G RPMEDSiOPRNGC84IE2 RO RANN®FISDNRALD& CWENT C5 AFUSi LCOMMER7AL GPA 2017-1 & AA 2017-01 MUD AQUA SUPPORnVEHOUSNG ZZJ 317 EAST SEVMT®VTH STFEEf — — =500 FST 1'=10DO FST P L A N N I N G A N D ` B U I L D I N G A G E N C Y Ymcr*p IME s� s s� w� i�■7 17TH I z STREET GPA 2017-1 & AA 2017-01 n AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET P L A N N I N G A N D B U I L D I N G A G E N C Y LAND USE MAP EXHIBIT 2 75D-10 pSSJ1 AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET SITE PHOTOS EXHIBIT 3 75D-11 ON W O O O O G O O C O x y 3 9 a 2 75D-12 I 1-4r 0 7 1 f� AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET SITE PLAN EXHIBIT4 75D-12 AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET FLOOR PLANS EXHIBIT 5 75D-13 tjIu17U W W W LL LL LL z aaa X000 O O d O m u ZFOF N 6 AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET ELEVATIONS IM(all-M-11 PAGE 1 OF 2 75D-14 AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET ELEVATIONS EXHIBIT 6 PAGE 2 OF 2 75D-15 AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET RENDERINGS EXHIBIT 7 75D-16 Lin 'i lii' [INS mmmm-, a G R a ON AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET LANDSCAPE PLAN EXHIBIT 8 75D-17 City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division �1 I Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since the comprehensive update of the General Plan Land Use Element adopted by the Santa Ana City Council February 2, 1998 (GPA 1997- 05): GPA 201741(Pendina) GPA 2009-02(Jdy 20, Mg GPA 2904411APN 5, 2695, as passes b, GPA 200009(May 7, 2101) GPA 2016-03(Febmary 21, 2017) GPA 200602(July 20, 2009) IM wars of Santa Ana) GPA MRS(Febmary 52001) GPA 2016-02(May 17, MIS) GPA 2127-03 (May 18, 2009) GPA 200404(July 19,. q1) GPA 200M3(Oecember 4, 2000) GPA X16-01(Apol 19.0116) GPA M01 (May 5, 2008) GPA 2004-06 (July 6, 2(04) GPA 20C662(Narember 20, Aro) GPA201503(FebruayZ2016) GPA 210403(Februs, 2, Mg GPA 2003-0](Juns 16, 1063) GPA 199902(Odaber 18, 1999) GPA 2014-02(Scatter21, 2014) GPA 2007-02(June 18, 2007) GPA M3301(Fabruary l8, Mag GPA 1999-01 pugi¢t 16, 1999) GPA 2014-01(Jene3, Mal GPA 2007-01(March 19, 2107) GPA 2102-01(Seplember 3, 1ro21 GPA 1998-04(O.1ter 5, 1996) GPA 2011 03(March 19, 2012) GPA 1W601(0dober 2, 20M GPA 2002-03 (August 19, 2002) GPA 1598-05(Se91ember 21, 1935) GPA201102(Juns6,2011) GPA210501(Oammber5,2005) GPA 2001-03(Foruary 19, 2002) GPA 1998-01 (May, 4, 1998) GPA 201 M1(June 7. 2010) GPA 200502(0dobet 17,2005) GPA 2101-02(January 7, 2001) AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET GENERAL PLAN AMENDMENT EXHIBIT 9 75D-18 LAND USE ELEMENT areas. To encourage a dynamic mixture ofresidential, office and commercial uses, within these areas both building intensity and residential density is based on floor area ratio and zoning development standards. In calculating either the allowable floor area or the allowable residential density, it is the City's policy to not allow upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional information concerning the Land Use Plan and the land use designations is provided in Table 1 (Land Use Development Intensity Standards), and in the Appendix. Table 1 Land Use Standards Density/Intensity Standards Low Density Residential (LR -7) I 7 du/acre Low -Medium Density Residential (LMR -11) 11 du/acre Other District Center (Midtown, MacArthur Place, etc.) 90 du/acre and FAR 1.0-2.0 Heritage District Center FAR 1.7 Transit Village District Center FAR 5.0 Harbor Corridor District Center FAR 5.0 Formatted: Suoerscriot Harbor Corridor I FAR 3.0 Professional and Administrative Office (PAO) I FAR 0.5-1.0 One Broadway Plaza District Center Institutional (INS) FAR 0.5 Open Space (0) FAR 0.2 Notes: The intensity standards shown refer to the theoretical maximum amount of development permitted for each land use designation (du -dwelling units: FAR -floor area ratio). Development must also adhere to zoning regulations, and/or specific plan requirements. s The District Center and Urban Neighborhood land use designations permit both residential and non-residential development. ' Commercial intensities may vary. Baseline FAR is 0.5. Specific areas allowing greater intensities are indicated in Exhibit A-3. One Broadway Plaza District Center land use designation permits office, restaurant and ancillary retail for a master planned development. �} *Refer to Appendix for description of Land Use designations. �r CITY OF SANTA ANA GENERAL PLAN 15 - 75D-19 75D-20 LAND USE ELEMENT LAND USE PLAN IMPLEMENTATION To effectively achieve the broad range of goals outlined for the City's future growth and development, a variety of plans, programs, and regulations must be relied upon. This section of the Element discusses these tools, and how they correlate with implementation of the City's land use goals. DEVELOPMENT INTENSITY STANDARDS Table A-1 summarizes the development intensity standard for each ofthe General Plan designations, and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in density, measured in "units per acre," or floor area ratio and zoning development standards in the case of certain Mixed Use land use designations. . The intensity standards for non-residential development are expressed as "floor area ratio" or FAR. The FAR concept is illustrated in Exhibit A-3. The intensity standards in concert with the zoning and development standards regulate the massing, form and building size. Table A-1 FAR 3.0 Formatted Table Formatted Table Table Formatted: Superscript Office FAR 0.5-1.0 Formatted Table FAR 0.5-1.0 District Center' FAR 2.9 FAR 0.45 Formatted Table ' FAR 0.5 Formatted Table FAR 0.2 du - dwelling unit, FAR - floor area ratio Residential development is not a permitted use. 1 a CITY OF SANTA ANA GENERAL PLAN �4 A-11� 75D-21 � ; .., o . F a,_ __ a ea_-•:=:•eaoa;3o- : _ c w v y � � $g°g• Ip •:d jl7i��i'�I��II�I� IIS' III'!' !! ! 'l, 11 $ i $a mE?o� z' m o 33 C �`y� i ANLL r 1{ tl� 3 E SyfaPS 3��ue•4 All l 1p��' a��;���'� f J� n C ' '1. [' tl !I ' = 0 1110111111001 �dd 8i3�S.$d�d ,.,�..+..tG9al0l a�PiSeB!a832S;d�t .GGA!Of.S � 3 ' nni V Yrs F 9 75D-22 LAND USE ELEMENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6,458.3 acres) representing 47 percent of the City's total land area. The Low -Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to I1 units per acre. The land area included in this designation is approximately 420.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. The Medium Density Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 370.137&8 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL PLAN 75D-23 A-19 [01101 *949MM The General Commercial (GC) district applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 - 1.0, though most General Commercial districts have a FAR of 0.5. A total of 883.2 8839 -acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; and • Vocational schools. General Commercial Districts have a floor area ratio of0.5 with the exception of the Mid -town area which has an floor area ratio of up to 1.0. One Broadway Plaza District Center is a separate land use designation as it has an F.A.R. of 2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Midtown urban areas. The City's District Centers and major development areas are shown in Exhibit A-5. CITY OF OF SANTA ANA GENERAL PLAN 75D -24 A-21 ti - LAND USE ELEMENT The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.0; with residential density based on a combination of floor area ratio and zoning development standards. A total of 276.9276 acres of land in the City are designated Urban Neighborhood. The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,152.8 acres ofland in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: • Light and heavy product manufacturing and assembly. • Commercial uses which are ancillary to industrial uses in the district Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. Atotal of 796.3 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,015.8 acres are included in this land use designation. Of this total, 358 acres of public park land is included in this land use designation. A-24 CITY OF SANTA ANA GENERAL PLAN 75D-25 LAND USE ELEMENT interagency Development Review Committee (DRC) to ensure consistent and comprehensive application of City regulations and policies for all projects. Redevelopment Plans. The City will apply redevelopment tools associated with the implementation ofthe adopted redevelopment plans, as appropriate. The City will encourage the further development of industrial, commercial, and residential projects in suitable locations to strengthen the City's tax and employment base. • Special Studies. In certain instances, a special study may be required to address a particular issue. In these cases, a specific effort to identify staff resources needed to conduct the appropriate investigation and analysis will be identified. Zoning Code Review. The zoning code serves as a primary tool used by the City to regulate development. The City will develop a program to revise the Zoning Ordinance to ensure that development regulations and standards are consistent with community needs and high quality development. The City will initiate appropriate changes to the ordinance to ensure, where appropriate, conformity between the Land Use Element and Zoning Map. LAND USE PLAN BUILDOUT As indicated previously, the City of Santa Ana has been almost completely developed for many years. As a result, any new development will necessarily consist of redevelopment and infill development on the remaining vacant and underutilized parcels. Many parcels with nonresidential land use designations will never be developed to the maximum intensity permitted under the General Plan. Table A-4 indicates the development possible under the build -out of the Land Use Plan. The build -out for residential land uses considered two scenarios. Effective build -out for residential development is calculated by adding the 21 205 2-148 units possible in the areas designated as District Center and Urban Neighborhood to the existing 74,588 units presently found in the City per Census 2000. Theoretical build -out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination of existing housing in the City, the effective build -out figure represents a more realistic estimate of future residential development. As indicated in Table A-4, three of the non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build -out considered the development possible under the lower range of FAR intensities while theoretical build -out considered the upper FAR range. Typically, parking and landscaping requirements will result in significantly less floor area CITY OF SANTA ANA GENERAL PLAN 75D-26 A-33 ;i ri ji illi_ Ii LAND USE ELEMENT for commercial and industrial developments than that which is permitted under the General Plan. As indicated in Table A-4, between55391-55364 to 95,736 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout scenario are a reflection of the higher density multiple -family developments constructed in the 1970's and 1980's. However, the purpose ofthe Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless ofthe character of development. The intentof the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Element's implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4, up to 33,1565653 ,'zo^o "o4Tsquare feet of commercial and office development, and 42,199,991 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. A-34 CITY OF SANTA ANA GENERAL PLAN 75D-27 LAND USE ELEMENT Table A-4 Land Use Plan Build -out Capacities FAR=Hoar area ratio; d.u.=dwelling unit; s.f.=square feet (of floor area). Acreage shown in table does not include roads in dght-of-way. ' Effective capacity for non-residential development assumes development passible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mhdure of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21 2052-4448 units passible in the District Center and Urban Neighborhood with the existing 74,588 (Cenjus 2000) housing units. Land use designation permits both residential and non-residential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS Land Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN 75D-28 A-35 Intensity/ Effective Buildout' Theoretical Land Use Acres Density Buildout Low Density Residential LR -7 6,459.0 7 du/ac 45,213 du Low Medium Density Residential LMR -11 420.6 11 du/ac 4,627 du Medium Density Residential MR -15 -370.1 15 du/ac -�44-& 5 551du 378-8 Mithed use 7245.5 g-,247-2 47-2 Non Res;, 95,73fi du ' Res Yon-Res� 55.391 d 66.354 du Ries, District Center Other' DC 309.5 90 on /ac 11,955,583 sf 3,017 du 23,764,534 si 3,017 du FAR 1.0-2.0 Heritage DC 18.8 FAR 1.7 54,090 sf 1,221 du 54,090si 1,221 on Downtown DC 62.5 FAR 3.0 2,057,824 sf 1,661 du 2,057,824 sf 1,661 du Metro East DC 98.3 FAR 3.0 3,245,185 sf 5,551 du 3,245,185 sf 5,551 on Transit Village DC 51.4 FAR 5.0 402,864 st 2,761 du 402,864 sf 2,761 du Harbor Corridor DC 125.0 FAR 5.0 1,836,155 sf 2,029 du 1,836,155 ell 2,029 on Urban Neighborhood UN 276.9 --2788 FAR 0.5-3.0 856,076 sf 4,965 du -0-B83-da 856,076 at 4,965 du 44780 -da Subtotal 942.4 20,407,950 sl 21.205 du 32,216,901 A 21.205 du 944-5 21 140 A.• 21 14e... Professional & Admin. Office PAO 614.2 FAR 0.5-1.0 13,376,406 at 26,752,809 sf General Commercial GC8934 -_8S3 .2 FAR 0.5-1.0 19.239.67 sf 38.473.934 sf 4824844&N One Broadway Plaza District Ctrs OBPDC 4.3 FAR 2.9 543,193 sf 543,193 sf Subtotal industrial IND -501.74 469}:09 2,152.81 FAR 0.45 1 33.156.565sf 33a6084�N 42,199,991 st fi5769937 sf 65;77G,889 -H 42,199,991 sf Industrial r Institutional' INS 796.4 FAR 0.2-0.5 6,937,758 sf 17,344,394 at Open Space OS 1,015.8 FAR 0.2 8,849,650 sf 8,849,650 sf Subtotal 1,812.1 15,787,407 sf 26,194,044 sf FAR=Hoar area ratio; d.u.=dwelling unit; s.f.=square feet (of floor area). Acreage shown in table does not include roads in dght-of-way. ' Effective capacity for non-residential development assumes development passible under the lower range of FAR intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center, Heritage District Center, and Urban Neighborhood areas. The Harbor Corridor District Center, Metro East District Center, Transit Village District Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for mhdure of residential and non-residential development based on the zoning development standards. Residential effective capacity was calculated by adding the 21 2052-4448 units passible in the District Center and Urban Neighborhood with the existing 74,588 (Cenjus 2000) housing units. Land use designation permits both residential and non-residential development. Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residential; with the exception of Town and Country Manor project intended for continuum of care and housing seniors. ' Land use designation permits high intensity office development with ancillary retail use. This table has been revised to correspond with the GIS Land Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN 75D-28 A-35 ZONING DISTRICTS Al GJCALAGALOLT ma GCUTN 0.11NGTR 2TC06fE'3iCML0ET. n TYO-iA6LLYR@:010E -B PAflRP✓GA'OOYR =N C1 C01OAl18LYCON0.QQV- GO GOYEPtPETRC°M8i W -OZ OYRLAYZOI.E CAID Nl LGMIY8WTA41 Ri GIAl1N8ANAPARIOENL FlANN9fta:O3RMl. -PFO D_N89PM1F]R G GEIEFALCOWaZCILL AO IGW84V9TA1LL flE 0.:.�m2i161L6TATE U. P�GNOLPNi C� 0 OPDIGPAOE W so�� -+ml N9GNTOGTACLL CS ARTANLNA6"ts -SMi. P FrlCP *ML CP GCi001CPLAN ON CO0.plFAON.1iEr� HI WnG FA2Y0.CTCF SECTIONAL ,DISTRICT -MAP: 6-5-9 e S CITY OF SANTA ANA CALIFORNIA AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET ZONING MAP EXHIBIT 10 75D-29 SPECIFIC DEVELOPMENT PLAN NO. 91 Aqua Permanent Supportive Housing Project SECTION 1— APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 91 (SD -91) for the Aqua permanent supportive housing project site is authorized by Chapter 41, Division 26 Section 41-593 et seq. of the Santa Ana Municipal Code. SD No. 91 contains the specific standards and regulations contained in the residential district, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless expressly superseded by regulations contained in this ordinance. SECTION 2—PURPOSE The Specific Development Plan No. 91 for the Aqua permanent supportive housing project consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. Obiectives The objectives of the Aqua permanent supportive housing project specific development plan include provision of the following: 1. Development of a residential project in an area identified by the 2014- 2021 Housing Element as an opportunity area for infill residential projects. 2. Promotion of the City's image as providing high-quality residential projects for individuals and families of all income groups. 3. A clean and safe environment for the City's residents, workers, and visitors. 4. A visually harmonious development as viewed both internally and externally. 5. Flexibility in development in response to market conditions while achieving overall City and community goals. SECTION 3 — Uses permitted in Specific Development No. 91 The following uses are permitted in the SD -91 district: AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET SPECIFIC DEVELOPMENT NO. 91 EXHIBIT 11 Page 1 of 4 75D-30 (a) Fifty-six (56) multiple -family dwelling units for supportive housing and one (1) onsite manager's unit. (b) Ancillary onsite community -serving or social service uses. The lobby will be accessible 24-hour a day to residents and staff. (c) Home occupations, pursuant to section 41-192.1 of the Santa Ana Municipal Code. SECTION 4 —Uses subject to a conditional use permit in Specific Development No. 91 (a) Childcare facilities caring for more than eight (8), but no more than fourteen (14) children. SECTION 5 — Maximum permitted floor area ratio (FAR) The maximum authorized building intensity for the Aqua permanent supportive housing project is a floor area ratio (FAR) of 1.3, including residential areas, community -serving areas (e.g., laundry room, office, gym and community room), parking garage and interior corridors. SECTION 6 — Minimum lot area in Specific Development No. 91 The developable lot for the project shall have a minimum lot area of .90 acres. SECTION 7 — Minimum street frontage in Specific Development No. 91 Developable lots shall have a minimum street frontage of at least 58 feet. SECTION 8 — Building height in Specific Development No. 91 No structure shall exceed 45 feet in height, as measured from the lowest adjacent grade of a structure to the top of the structure. SECTION 9 — Development standards in Specific Development No. 91 The Aqua permanent supportive housing project shall be built as shown on the approved project plans included as attachments to the SD. The plans shall govern in the event there is a conflict between the SD with the project plans. In addition, the following standards are applicable to the project: (a) Setbacks. (1) A minimum setback of twelve (12) feet three (3) inches shall be provided between the property line and buildings on Seventeenth Street AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET SPECIFIC DEVELOPMENT NO. 91 EXHIBIT 11 Page 2 of 4 75D-31 (2) A minimum setback of ten (10) feet shall be provided between the west side property lines and buildings (3) A minimum setback of zero (0) feet shall be provided between the east side property lines and buildings (4) A minimum setback of ten (10) feet nine (9) inches shall be provided between the rear property line and buildings (b) Parking. The minimum off-street parking requirements for the project are as follows: (1) 36 total parking spaces, of which: a. 8 parking spaces shall be tuck -under parking b. 28 parking spaces shall be provided in an enclosed garage (2) A minimum of ten (10) bicycle spaces shall be provided onsite. The design and materials shall comply with the approved materials board submitted for the project during building plan check. (3) Prior to occupancy a parking management plan shall be submitted to the Planning Division for review, identifying parking per unit, services provider parking and guest parking. The plan is subject to approval of the Planning Manager. (c) Pedestrian Walkways and Open Space. The project will provide a minimum of 15% open space in the form of common, landscaped open space areas, deck, courtyard and lobby, mailroom, interior community room, dining room, gym, computer room, laundry rooms, service provider offices and onsite resident services office. (d) Walls/Fences. A solid block wall with a minimum height of six feet shall be constructed along the east, north, and west property lines. The block wall shall be designed to contain a decorative cap, regularly -spaced decorative pilasters, and a decorative finish in accordance to the design provisions contained within the most recent version of the City's design guidelines. (e) Landscaping Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed as required in the approved plans. (1) Project Landscaping: a. Landscaping shall be compliant with the City of Santa Ana's Landscape Water Conservation Ordinance. AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET SPECIFIC DEVELOPMENT NO. 91 EXHIBIT 11 Page 3 of 4 75D-32 b. All landscape areas shall have a fully automatic irrigation system (including spray or drip) as required by the City of Santa Landscape Water Conservation Ordinance. (2) All meters shall be appropriately screened from public view with trellis work and vines or hedge -type shrub, or be incorporated into the residential structure. (3) The building wall along the easterly property line shall be planted with vines. (4) Maintenance: All plant material shall be maintained per Section 41-609 of the Santa Ana Municipal Code. (f) Architectural and Design Features. (1) Exterior materials. Exterior materials and finishes for the project shall comply with the approved materials board submitted for the project during building plan check. All trash enclosures and similar ancillary structures shall match the texture, material and color of the building. (2) Hardscave materials. Enhanced paving materials shall be installed at the driveway entrance and the pedestrian walkway along the main driveway. The actual paving materials shall be approved by the Planning Division. (3) Lighting standards/fixtures. The light fixtures are to integrate design elements of the building and landscape architecture. Lighting is to be designed to confine the direct rays of the artificial lighting within the boundaries of the development. Specifications of light standards/fixtures and photometrics plan shall be submitted to Planning Division for approval. (g) Mechanical Equipment, Appurtenances, and Conduits All mechanical equipment and all supporting appurtenances and conduits shall be screened from view within designated rooms, inside walls, behind parapets, or through a combination of landscape and hardscape materials. (h) Trash Enclosures Trash bins shall be stored in designated trash enclosures. There shall be an onsite designated trash staging areas only be used on service days and the staging area and bins shall not disrupt vehicular use of the driveway. The minimum requirements needed to service the location shall be clearly indicated on the plans and subject to the approval of the Public Works Agency. AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET SPECIFIC DEVELOPMENT NO. 91 EXHIBIT 11 Page 4 of 4 75D-33 (i) Easements Prior to the issuance of building permits all easements shall be relocated or quitclaim within the boundary of the project and building footprints. (j) Maintenance The property shall be maintained free for trash, debris and graffiti. Graffiti shall be removed within ten (10) days after its appearance in accordance with Section 10-227 of the Santa Ana Municipal Code. AQUA SUPPORTIVE HOUSING 317 EAST SEVENTEENTH STREET SPECIFIC DEVELOPMENT NO. 91 EXHIBIT 11 Page S of 4 75D-34 NEGATIVE DECLARATION The Negative Declaration document can be accessed here: http://www.sa ntaana.org/pba/planning/documents/EntireDocu mentNeaativeDecia ration Document. pdf EXHIBIT 12 75D-35 75D-36 LS 6.6.17 RESOLUTION NO. 2017 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING NEGATIVE DECLARATION, ENVIRONMENTAL REVIEW NO, 2017-24 AND GENERAL PLAN AMENDMENT NO. 2017-01 FOR THE PROPERTY LOCATED AT 317 EAST SEVENTEENTH 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. Community Development Partners (Applicant) is requesting approval of General Plan Amendment No. 2017-01 to amend the General Plan land use designation of the property located at 317 East Seventeenth Street (legal description attached hereto as Exhibit A) from General Commercial (GC) and Medium Density Residential (MR -15) to Urban Neighborhood (UN) and to update text portions of the City's Land Use Element to reflect this change in order to facilitate the construction of a 57 -unit supportive housing project on the ,90 -acre property. B. On May 1, 2017, pursuant to Senate Bill 18, the City mailed consultation letters to all tribes listed on the Native American Heritage Commission (NAHC) Tribal Consultation List. The City is in the process of consulting with the tribes. C. On May 22, 2017, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and voted to recommend that the City Council adopt a resolution adopting Negative Declaration, Environmental Review No. 2017-24 and approving General Plan Amendment No. 2017-01. D. On June 20, 2017, the City Council of the City of Santa Ana held a duly noticed public hearing to consider all testimony, written and oral, related to General Plan Amendment No. 2017-01, at which time all persons wishing to testify were heard, the project was fully considered, and all other legal prerequisites to the adoption of this Resolution occurred. E. General Plan Amendment No. 2017-01 has been filed to amend the General Plan to change the land use designation of the property at 317 East Seventeenth Street from General Commercial (GC) and Medium Density Residential (MR -15) to Urban Neighborhood (UN). The existing General Plan land use designations for the project area 75D-37 are General Commercial (GC), which allows business and professional offices; retail and service establishments; recreational, cultural, and entertainment uses and vocational schools with a floor area ratio of 0.5 to 1.0 and Medium Density Residential (MR -15) Low Density Residential (LR -7), which allows for residential uses at densities of up to 15 units per acre. In order to facilitate the construction of a 57 -unit supportive housing project with a floor area ratio of 1.3, the land use designation needs to be changed to Urban Neighborhood (UN), which allows for a mix of residential uses and housing types, such as mid to low rise multiple family, townhouses, single family dwellings; with some opportunities for live -work, neighborhood serving retail and service, public space and use, and other amenities with a floor area ratio of 0.5 to 3.0. 2. The proposed project will support several goals and policies of the General Plan. First, the project is consistent with Housing Element Goal 2, to create 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 to foster an inclusive community. The project will provide 56 -affordable rental housing units and one (1) onsite property manager's unit which supports Housing Element Goal 3, increased opportunities for low and moderate income individuals and families to find quality housing opportunities and afford a greater choice of rental or homeownership opportunities. The supportive housing project is in line with Housing Element Goal 4, to provide adequate rental and ownership housing opportunities and supportive services for seniors, people with disabilities, families with children, and people needing emergency, transitional, or supportive housing. Further, the project is consistent with several Housing Element policies; Policy HE -2.3 to encourage construction of rental housing for the city's residents and workforce; Policy HE -3.4 to support the provision of employment training, childcare services, rental assistance, youth services, and other community services that enable households to attain the greatest level of self-sufficiency and independence; Policy HE -4.4 to support the provision of supportive services and service -enriched housing for persons with special needs, such as seniors, disabled people, homeless people, families, veterans and people with medical conditions; Policy HE -4.6 to partner with community service organizations that address the needs of homeless people, including housing linked with case management, employment, physical, mental health, substance abuse, and other services. F. The City Council has weighed and balanced the General Plan's policies, both new and old, and has determined that based upon this balancing that General Plan Amendment No. 2017-01 is consistent with the purpose of the general plan. 75D-38 Section 2. The City Council has reviewed and considered the information contained in the initial study and the negative declaration (ND), Environmental Review No. 2017-24, prepared with respect to this project. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, a ND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will have a significant adverse effect on the environment. The City Council hereby certifies and approves the ND and directs that the Notice of Determination be prepared and filed with the County Clerk of the County of Orange in the manner required by law. Pursuant to Title XIV, California Code of Regulations (CCR) § 735.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed Project will have the potential for any significant adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed Project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. However, pursuant to Fish and Game Code § 711.2 and Title XIV, CCR § 735.5, the payment of Fish and Game Department filing fees in conjunction with this project is at the discretion of the State of California Department of Fish and Wildlife. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves General Plan Amendment No. 2017-01. The amendments to the Land Use Element are attached hereto as Exhibit 6 and incorporated herein by this reference as though fully set forth herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 20, 2017, and exhibits attached hereto; 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 Ordinance No. NS- (AA No. 2017-01) becomes effective. If said ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this resolution shall be null and void and have no further force and effect. Section 5. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. Section 6. 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 75D-39 section 1094.6. The Planning and Building Agency shall give direct notice to the Applicant of the City Council's decisions and these findings. ADOPTED this day of , 2017. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney B��� Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2017. Date: Clerk of the Council City of Santa Ana 75D-40 The land referred to in this Commitment is situated in the City of Santa Ana, County of Orange, State of California, and is described as follows: PARCEL 1: BEGINNING AT A POINT ON THE EASTERLY LINE OF SPURGEON STREET, DISTANT NORTHERLY 410.00 FEET FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHERLY LINE OF SEVENTEENTH STREET AS SHOWN ON OFFICIAL MAP NO. 1 OF A PORTION OF THE CITY OF SANTA ANA, RECORDED IN BOOK 2, PAGE 24 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING THE SOUTHWEST CORNER OF LAND DESCRIBED IN A DEED TO HORACE L. SKILES, AND WIFE, RECORDED SEPTEMBER 28, 1955 IN BOOK 3225, PAGE 336 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LAND OF HORACE L. SKILES AND ITS EASTERLY PROLONGATION 167.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID SPURGEON STREET, 70.00 FEET TO THE NORTHERLY LINE OF LAND DESCRIBED IN A DEED TO SARAH COULTER, RECORDED OCTOBER 25, 1909 IN BOOK 168, PAGE 182 OF DEEDS; THENCE EASTERLY ALONG SAID NORTHERLY LINE, 72.75 FEET TO THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, 112.16 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN A DEED TO GEO. B. MACGILLIVRAY, RECORDED DECEMBER 5, 1898 IN BOOK 41, PAGE 21 OF DEEDS; THENCE WESTERLY TO THE NORTHWESTERLY CORNER OF SAID LAND OF GEO. B. MACGILLIVRAY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND OF GEO. B. MACGILLIVRAY TO THE NORTHEAST CORNER OF LAND DESCRIBED IN A DEED TO DUNWARD F. BENDER AND WIFE, RECORDED FEBRUARY 26, 1941 IN BOOK 1084, PAGE 52 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LAND OF DUNWARD F. BENDER, 112.00 FEET; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID SPURGEON STREET, 50.00 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT SOUTHERLY 10.00 FEET FROM THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LAND OF HORACE L. SKILES; THENCE EASTERLY ALONG SAID PARALLEL LINE, 7.00 FEET; THENCE NORTHERLY, PARALLEL WITH THE EASTERLY LINE OF SAID SPURGEON STREET, 10.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER A STRIP OF LAND10.00 FEET WIDE, THE NORTHERLY LINE OF SAID 10.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SPURGEON STREET DISTANT NORTHERLY 410.00 FEET FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHERLY LINE OF SEVENTEENTH STREET AS SHOWN ON OFFICIAL MAP NO. 1 OF A PORTION OF THE CITY OF SANTA ANA, RECORDED IN BOOK 2, PAGE 24 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING THE SOUTHWEST CORNER OF LAND DESCRIBED IN A DEED TO HORACE L. SKILES AND WIFE, RECORDED SEPTEMBER 28, 1955 IN BOOK 3225, PAGE 336 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LAND OF HORACE L. SKILES AND ITS EASTERLY PROLONGATION, 167.00 FEET. EXHIBIT A 75D-41 PARCEL 3: THE WEST 50 FEET OF THE SOUTH 180 FEET OF THE FOLLOWING: BEGINNING 15.53 CHAINS EAST OF THE SOUTHWEST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE EAST 3.52 CHAINS, MORE OR LESS, TO THE WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RESERVATION; THENCE NORTHWESTERLY ALONG SAID RESERVATION TO A POINT 6.21 CHAINS DUE NORTH OF THE SOUTH LINE OF SAID SECTION 6, THENCE WEST 0.5 OF A CHAIN; THENCE SOUTH 6.21 CHAINS TO THE POINT OF BEGINNING. PARCEL 4: THAT PORTION OF THE LAND ALLOTTED TO GLASSELL AND CHAPMAN, IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO JASPER FARNEY AND WIFE, RECORDED JANUARY 23, 1948 IN BOOK 1614, PAGE 124 OF OFFICIAL RECORDS, BEING ON THE SOUTH LINE OF SECTION SIX, TOWNSHIP FIVE SOUTH, RANGE NINE WEST, IN SAID RANCHO AND DISTANT EASTERLY 1074.98 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION SIX; THENCE SOUTH 89" 18'00" EAST 8.00 FEET ALONG THE SOUTH LINE OF SAID SECTION SIX; THENCE NORTH 0" 25' 00" WEST 170.00 FEET; THENCE SOUTH 89" 18'00" EAST TO THE WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RESERVATION; THENCE NORTHWESTERLY ALONG SAID RESERVATION TO A POINT 409.86 FEET NORTH OF THE SOUTH LINE OF SAID SECTION SIX; THENCE WEST 33.00 FEET; THENCE SOUTH 0" 25'00" EAST 229.86 FEET ALONG THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO CHARLES A. MANNING AND WIFE, RECORDED JUNE 3, 1941 IN BOOK 1095, PAGE 346 OF OFFICIAL RECORDS, TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO CHARLES LINGER AND OTHERS, RECORDED APRIL 30, 1953 IN BOOK 2495, PAGE 476 OF OFFICIAL RECORDS; THENCE SOUTH 890 18'00" EAST 50.00 FEET TO THE NORTHEAST CORNER OF SAID LAND OF CHARLES LINGER; THENCE SOUTH 0" 25'00" EAST 180.00 FEET ALONG THE EAST LINE OF SAID LAND OF CHARLES LINGER AND ITS SOUTHERLY PROLONGATION TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTH 40.00 FEET THEREOF INCLUDED WITHIN SEVENTEENTH STREET. ALSO EXCEPTING FROM PARCELS 3 AND 4 THOSE PORTIONS INCLUDED WITHIN PARCELS 1A AND 1B AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 160974, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 13, 1972 IN BOOK 10469, PAGE 332 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. APN: 003-153-48 75D-42 City of Santa Ana General Plan Land Use Element 1998 City of Santa Ana Planning Division Adopted February 2, 1998 (Reformatted January 2010) The following is a chronology of the approved general plan amendments that have been incorporated into this document since die comprehensive update of the General Plan Land Use Element adopted by the Sanm Ana City Council February 2, 1998 (GPA 1997- 05): GPA 2017-01 (June 20.2017 Fencing) GPA 2008-02 (July 20. 2009) GPA 2004-01 (Apel 5, 2005, as passed by GPA 2016-03 (February 21, 2017) GPA 2008-02(July 20,2009) Ibevatersot Sama Ana) GPA 201602 (May 17, 2016) GPA 2007-03 (May 18. 2009) GPA 2004-04 (July 19, 20(14) GPA 201641 (AAAI 19, 2016) GPA 200601(May S. 2008) GPA 2004-08 (July 6, 2004) GPA 2015-03 (February 2, 2016) GPA 2004-03 (February 2, 2009) GPA 2003-02 (Jure 16, 2003) GPA 2014-02 (October 21, 2014) GPA 2007-02 (June 18, 2007) GPA 200301 (February I8, 20031 GPA 2014-01 (June 3, 2014) GPA 2007.01(March 19. 2007) GPA 2002-01 (September 3. 2002) GPA 2011-03 (March 19, 2012) GPA 200601(October 2, 2006) GPA 2002-03 (August 19, 2002) GPA 2011-02 (June 6. 2011) GPA 2005 01 (December 5,2005) GPA 2001-03(February 19, 2002) GPA 201001 )June 7. 2010) GPA 20D"2 (October 17. 2005) GPA 2001-02 (January 7, 2002) EXHIBIT B 75D-43 GPA 200009 (May T. 2001) GPA 200008 (February S. 2001) GPA 200003 (December 4. 2000) GPA 200G02 (November 20, 2000) GPA 199942 (October 18. 1999) GPA 1990-01 (August 16. 1999) GPA 199604 (October 5, 1998) GPA 199605 (September 21. 19M GPA 1998 01 (May4,1998) 75D-44 LAND USE ELEMENT areas. To encourage a dynamic mixture of residential, office and commercial uses, within these areas both building intensity and residential density is based on floor area ratio and zoning development standards. In calculating either the allowable floor area or the allowable residential density, it is the City's policy to not allow upward rounding. The Land Use Plan is illustrated in Exhibit 2. Additional information concerning the Land Use Plan and the land use designations is provided in Table I (Land Use Development Intensity Standards), and in the Appendix. Table 1 Development Intensity Standards Densityllntensity Standards Land Use Desionalion tdulacre - FART Low Density Residential (LR -7) 7 Low•Medlum Density Residential (LMR -111 11 District Centerz(DC) Other District Center (Midtown, MacArthur Place, etc.) Heritage District Center 90 du/acre and FAR 1.0-2.0 T Downtown District Center FAR 3.0 _ _ _ Metro East District Center FAR 3.0 Transit Village District Center _ FAR 5.0 _ _ Harbor Corridor District Center FAR 5.0 Urban Neighborhood _ _ Transit Zoning Code Area/ First & 1711 Street Corridor FAR 0.5-1.5 Harbor Corridor Professional and Administrative Office (PAO) FAR 3.0 FAR 0.5-1.0 General Commercial (GC) _ _ FAR 0.5-1.0 One Broadway Plaza District Center (OBPDC)FAR 2.9 Industrial (IND) FAR Institutional (INS) FAR 0.5 Open Space (0) FAR 0.2 Notes: The Intensity standards shown refer to the theoretical maximum amount of development permitted for each land use designation (du -dwelling units; FAR -floor area ratio). Development must also adhere to zoning regulations, and/or specific plan requirements. a The District Center and Urban Neighborhood land use designations permit both residential and non-residential development Commercial intensities may vary. Baseline FAR is 0.5. Specific areas allowing greater intensities are indicated in Exhibit A-3. ' One Broadway Plaza District Center land use designation permits office, restaurant and ancillary retall for a master planned development. *Refer to Appendix for description of Land Use designations. CITY OF SANTA ANA GENERAL ?LAN 75D-45 15 LAND USE ELEMENT This page intentionally left blanl. 75D-46 CITY OF SANTA ANA GENERAL PLAN k4 cm 75D-47 75D-48 LAND USE ELEA+ENi LAND USE PLAN IMPLEMENTATION To effectively achieve the broad range of goals outlined for the City's future growth and development, a variety of plans, programs, and regulations must be relied upon. This section of the Element discusses these tools, and how thev correlate with implementation of the City's land use goals. DEVELOPMENT INTENSITY STANDARDS "Cable A- I summarizes the development intensity standard for each of the General Plan designations, and provides land use distribution by acreage for the land use. The intensity standards for the categories permitting residential development are expressed in density, measured in "units per acre," or floor area ratio and zoning development standards in the case of certain Mixed Use land use designations. The intensity standards for non-residential development are expressed as "floor area ratio" or FAR. The FAR concept is illustrated in Exhibit A-3. The intensity standards in concert with the zoning and development standards regulate the massing, form and building size. Table A-1 du - dwelling unit, FAR - floor area ratio . Residential development is not a permitted use. CITY OF SANTA ANA GENERAL PLAN 75D-49 A -II 75D-50 P t F ; ii £ �is4 �€aH3 3�i3 Slidi!#Ail ng j�7 1a�"�a� ......_... x._,.._..Rx99:49A nnn 75D-51 75D-52 LAND USE EL -HENT Residential The Land Use Plan provides for three distinct residential land use designations. Residential development is also permitted in two other designations: District Center and Urban Neighborhood. The Santa Ana Land Use Plan includes the following residential land use designations: • The Low Density Residential (LR -7) designation applies to those areas of the City which are developed with lower density residential land uses. The allowable maximum development intensity is 7 units per acre. Development in this category is characterized primarily by single-family homes. This designation applies to a large proportion of the City (6,958.3 acres) representing 97 percent of the City's total land area. • The Low -Medium Density Residential (LMR -11) designation applies to those sections of the City which are developed with residential uses at permitted densities of up to 11 units per acre. The land area included in this designation is approximately 920.6 acres. The great majority of the land designated as Low -Medium Density Residential is located in the westerly portion of the City, north and south of First Street. Properties with this designation are typically characterized by mobile home parks, a mixture of duplexes and single family residences, or small lot subdivisions. • The Medium Density Residential (MR -15) designation applies to those sections of the City which are developed with residential uses at densities of up to 15 units per acre. Development in this designation is characterized by duplexes, apartments, or a combination of both. A total of 370.1 acres is designated as Medium Density Residential. The designation applies to areas located in the vicinity of downtown, areas north and south of MacArthur Boulevard, and in other areas where there are established multiple -family development projects. CITY OF SANTA ANA GENERAL ?!_AN 75D-53 A.1� LAND USE ELEMENT The General Commercial (GC) district applies to commercial corridors in Santa Ana including those located along Main Street, Seventeenth Street, Harbor Boulevard, and other major arterial roadways in the City. The intensity standard applicable to this designation is a floor area ratio of 0.5 - 1.0, though most General Commercial districts have a FAR of 0.5. A total of 883.2 acres of land is included in this designation. General Commercial districts are key components in the economic development of the City. They provide highly visible and accessible commercial development along the City's arterial transportation corridors. In addition, General Commercial land uses provide important neighborhood facilities and services, including shopping, recreation, cultural and entertainment activities, employment, and education. The districts also provide support facilities and services for industrial areas including office and retail, restaurants and various other services. The General Commercial development standards are based upon the character and intensity of development, as well as the degree of access and market demand for these properties. The relationships to adjacent land uses, are also considered. Uses typically located in this district are: • Business and professional offices; • Retail and service establishments; • Recreational, cultural, and entertainment uses; and • Vocational schools. General Commercial Districts have a floor area ratio of0.5 with the exception of the Mid -town area which has an floor area ratio of up to 1.0. One Broadway Plaza District Center is a separate land use designation as it has an F.A.R. of 2.9, which exceeds the typical District Center intensity limit. Additionally, it does not include a residential component. One Broadway Plaza is envisioned as a landmark professional office complex that will be a focal point in the Downtown Redevelopment area serving the Civic Center complex, Downtown, and Nfidtown urban areas. The City's District Centers and major development areas are shown in Exhibit A-5. CITY OF ;A. 1TA ANA GENERAL PLAN 75D-54 A.21 0�2rss-> LAND USE E EMENT The intensity standard for the Urban Neighborhood ranges from a floor area ration of 0.5 to 3.0; with residential density based on a combination of floor area ratio and zoning development standards. A total of 276.9 acres of land in the City are designated Urban Neighborhood. Industrial The Industrial designation applies to those areas developed with manufacturing and industrial uses. The designation applies to areas which are predominantly industrial in character, and includes those industrial districts in the southwestern, south central and southeastern sections of the City. A total of 2,152.8 acres of land in the City is designated as Industrial. The maximum floor area ratio for this designation is 0.45. The Industrial districts of the City are vital to its economic health. These areas provide employment opportunities for local residents, and generate municipal revenues for continued economic development. As one of the County's oldest cities, Santa Ana has long been an industrial center for the region. The City's goal is to maintain this strong industrial base by setting land use policies which preclude the intrusion of less intensive commercial or residential uses. Typical uses found in this district include the following: Light and heavy product manufacturing and assembly. Commercial uses which are ancillary to industrial uses in the district. Institutional The Institutional designation includes the Civic Center, other governmental facilities, City facilities and public institutions such as schools, etc. Only public properties of approximately five acres or more are designated as Institutional. The maximum applicable floor area ratio standard for this designation is 0.5. The 0.5 FAR is used as a guideline since most development in this designation are State, federal, and local governmental facilities that are not subject to local development regulations. A total of 796.3 acres of land is included in this designation. Open Space The Open Space designation is applied to parks, water channels, cemeteries and other open space uses. A total of 1,015.8 acres are included in this land use designation. Of this total, 358 acres of public park land is included in this land use designation. A-24 75D-55 CITY OF SANTA ANA GENERAL PLAN -AND USE ELEMENT interagency Development Review Committee (DRC) to ensure consistent and comprehensive application of City regulations and policies for all projects. Redevelopment Plans. The City will apply redevelopment tools associated with the implementation ofthe adopted redevelopment plans, as appropriate. The City will encourage the further development of industrial, commercial, and residential projects in suitable locations to strengthen the City's tax and employment base. Special Studies. In certain instances, a special study may be required to address a particular issue. In these cases, a specific effort to identify staff resources needed to conduct the appropriate investigation and analysis will be identified. Zoning Code Review. The zoning code serves as a primary tool used by the City to regulate development. The City will develop a program to revise the Zoning Ordinance to ensure that development regulations and standards are consistent with community needs and high quality development. The City will initiate appropriate changes to the ordinance to ensure, where appropriate, conformity between the Land Use Element and Zoning Map. LAND USE PLAN BUILDOUT As indicated previously, the City of Santa Ana has been almost completely developed for many years. As a result, any new development will necessarily consist of redevelopment and infill development on the remaining vacant and underutilized parcels. Many parcels with nonresidential land use designations will never be developed to the maximum intensity permitted under the General Plan. Table A-4 indicates the development possible under the build -out of the Land Use Plan. The build -out for residential land uses considered two scenarios. Effective build -out for residential development is calculated by adding the 21,205 units possible in the areas designated as District Center and Urban Neighborhood to the existing 74,588 units presently found in the City per Census 2000. Theoretical build -out for residential development considered the development possible if all of the areas designated as residential were developed according to the permitted Land Use Plan intensities. Since the Land Use Element does not contemplate the elimination ofexisting housing in the City, the effective build -out figure represents a more realistic estimate of Future residential development. As indicated in Table A-4, three ofthe non-residential land use designations have a range in FAR intensities. For the non-residential land use designations, effective build -out considered the development possible under the lower range of FAR intensities while theoretical build -out considered the upper FAR range.'fypically, parking and landscaping requirements will result in significantly less floor area for commercial and industrial developments than that which is permitted under the General Plan. CITY OF SANTA ANA GENERAL PLAN 75D-56 A-33 LAND USE ELEMENT As indicated in Table A-4, between 55,391 to 95,736 housing units are allowed by the Land Use Plan. The additional units which presently exist in the City beyond the maximum number permitted under the theoretical buildout scenario are a reflection ofthe higher density multiple -family developments constructed in the 1970's and 1980's. However, the purpose of the Land Use Plan as it applies to the residential areas is to preserve and maintain the stability of existing neighborhoods, regardless of the character of development. The intent of the Plan is not to create any displacement, nor decrease existing development densities. Rather, it is to ensure a safe, healthy, and livable environment for City residents. Existing residential development entitlements are protected through this Land Use Element, applicable Zoning regulations, and sections of the City code pertaining to legal nonconforming uses. The Land Use Elements implementation may result in an increase in the amount of commercial, office, and industrial development in the City. As indicated in Table A-4, up to 33,156,565 square feet of commercial and office development, and 42,199,991 square feet of industrial development are possible under the effective capacity parameters of Land Use Plan. A-94 CIT'! OF SANTA ANA GENERAL PLAN 75D-57 LAND USE ELEMENT Table A-4 Low Density Residential LR -7 6,459.0 7 duvac 45,213 du Low Medium Density Residential LMR -11 420.6 11 Win; 4,627 du Medium Density Residential MR -15 370.1 15 du/ac 5,551du Subl0lal 7,246.5, 95,736 du ' 55,3911tlu District Center Other' DC 309.5 FAR 1 /du, 11,955,583 sf 3,017 du 23,764,534 sf 3,017 du Heritage Downtown DC DC 18.8 62.5 FAR 1.7 FAR 3.0 _ 54,090 at 2,057,824 at 1,221 du 1,661 du 54,090 sf 2,057,824 sf 1,221 du 1,661 du Metro East _ DC 98.3 FAR 3.OT _ 3,245,185 of 5,551 du 3,245,185 at 5,551 du Transit Village DC 51.4 FAR 5.0 402,864 at 2,761 du 402.864 at 2.761 du Harbor Corridor `DC 125.0 FAR 5.0 1,836,155 at 2,029 du 1,836,155 st 2,029 du Urban Neighborhood UN 276.9 FAR 0.5-3.0 856,076 sf 4,965 du 856.076 or 4,965 du Subtotal T 942.4 20,407.950 at 21,205 du 32,216,901 st 21,205 tlu Professional & Admin. Office PAO 614.2 FAR 0.5-1.0 13,376,406 sf 26,752,809 sf General Commercial GC 883.2 FAR 0.5.1.0 19,239.67 at 38,473,934 at One Broadway Plaza District Ctrs OBPOG 4.3 FAR 2.9 543,193 at 543,193 sl Subtotal 1,501.7 33,156,565 at 66,769,937 at Industrial IND 2,152.8 FAR 0.45 42,199.991 at 42,199,991 at Instilutionall INS 796.4 FAR 0.2.0.5 6,937,758 st 17,344,394 st Open Space Os 1,015.8 FAR 0.2 8,849,650 at 8,849,650 sl Subtotal 1,812.1 15,787,407 at 26,194,044 of FAA=floor area ratla; d.u.=dwelling unit s.1.=squaie feet (of floor area). Acreage shown in table does flat include roads in right-ol-way. t Effective capacity for non-residential development assumes development passible under the Inver range of FAR Intensity standards with the exception of the Metro East District Center, Transit Village District Center, Downtown District Center. Heritage District Center, and Urban Neighborhood areas. The Harbor Connor District Center. Metro East District Center, Transit Village Disuict Center, Downtown District Center, and Urban Neighborhood areas allow a range of intensity for muture of residential and non-residential development based an the zoning development standards. Residen0al effective capacity was calculated by adding the 21,2D5 units possible in the District Canter and Urban Neighborhood with the eds8ng 74,588 (Census 2000) housing units. -Land use designation permits both residential and non-residential development Build -out assumes 90% of land area will be developed as commercial and 10% will be developed as residents; with the exception of Town and Country Manor project Intended for continuum of care and housing seniors. 3 Land use designation permits high intensity office development with ancillary retail use, Ihb fable has been revised to correspond with the GIS land Use Map illustrated in Exhibit 2. CITY OF SANTA ANA GENERAL PLAN 75D-58 A.;S ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING AMENDMENT APPLICATION NO. 2017-01 REZONING THE PROPERTY LOCATED AT 317 EAST SEVENTEENTH STREET FROM COMMUNITY COMMERCIAL (C-1) AND MULTIPLE - FAMILY RESIDENCE (R-3) TO SPECIFIC DEVELOPMENT NO. 91 (SD -91) (AA NO. 2017-01) AND ADOPTING SPECIFIC DEVELOPMENT NO. 91 (SD -91) FOR SAID PROPERTY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Amendment Application No. 2017-01 has been filed with the City of Santa Ana to change the zoning designation of the parcel located at 317 East Seventeenth Street from Community Commercial (C-1) and Multiple -Family Residence (R-3) to Specific Development No. 91 (SD -91) zoning designation Street (legal description of parcel attached hereto as Exhibit A). General Plan Amendment No. 2017-01 was filed concurrently with the Amendment Application for consistency with the General Plan. B. The zoning designation of the Specific Development No. 91 (SD -91) would allow the development of a 57 -unit supportive housing project with private community space and supportive service offices and bring the rezoned property into consistency with the General Plan land use designation of Urban Neighborhood (UN). C. On May 22, 2017, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt an ordinance approving Amendment Application No. 2017-01 which is consistent with the General Plan, as amended by General Plan Amendment No. 2017-01. The Planning Commission added one condition that the Applicant shall submit revised architectural elevations with additional colors, materials, windows, or recessed areas subject to the review and approval of the Planning Manager. D. The City Council has reviewed applicable general plan policies and has determined that this proposed rezoning is consistent with the purpose of the general plan. Ordinance No. NS-XXXX Page 1 of 4 75D-59 E. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on June 20, 2017. The City Council also adopts as findings all facts presented in the Request for Council Action dated June 20, 2017 accompanying this matter. G. For these reasons, and each of t 01 is hereby found and determin purpose of Chapter 41 of the Sa the zoning district is found to be City of Santa Ana and otherw convenience, and general welfare. hem, Amendment Application No. 2017 - ed to be consistent with the intent and nta Ana Municipal Code, thus changing consistent with the General Plan of the ise justified by the public necessity, Section 2. The Planning Commission of the City of Santa Ana recommends that the City Council adopt an ordinance rezoning the real property located at 317 East Seventeenth Street from Community Commercial (C-1) and Multiple -Family Residence (R- 3) to Specific Development No. 91(SD-91), (AA No. 2017-01) Amended Sectional District Map number 6-5-9 showing the above described change in use district designation, is hereby attached hereto as Exhibit B and incorporated by this reference as though fully set forth herein. This recommendation is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Council Action dated June 20, 2017, and exhibits attached thereto; and the public testimony, all of which are incorporated herein by this reference. Section 3. The City Council has reviewed and considered the information contained in the Negative Declaration (Environmental Review No. 2017-24) prepared with respect to this project. The City Council has, as a result of its consideration of the record as a whole and the evidence presented at the hearings on this matter, determined that, as required pursuant to the California Environmental Quality Act (CEQA) and the State CEQA Guidelines, Environmental Review No. 2017-24 meets all the requirements of CEQA. Section 4. The real property located at 317 East Seventeenth Street in Santa Ana is hereby reclassified from Community Commercial (C-1) and Multiple -Family Residence (R-3) to Specific Development No. 91(SD-91). An amended Sectional District Map, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit B and incorporated by this reference as though fully set forth herein. Section 5. Specific Development No. 91 (SD -91) attached hereto as Exhibit C and incorporated by this reference as though fully set forth herein is approved and adopted in its entirety. Section 6. This ordinance shall not be effective unless and until Resolution No. 2017- (Environmental Review No. 2017-24 and General Plan Amendment No. 2017-01) and Ordinance No. 2017- (Amendment Application No. 2017-01) are adopted and become effective. If either resolution and/or ordinance are for Ordinance No. NS-XXXX Page 2 of 4 7501-60 any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise does not go into effect for any reason, then this ordinance shall be null and void and have no further force and effect. Section 7. 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 the 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 8. The Applicant agrees to indemnify, hold harmless, and defend the City of Santa Ana, its officials, officers, agents, and employees, from any and all liability, claims, actions or proceedings that may be brought arising out of its approval of this project, and any approvals associated with the project, including, without limitation, any environmental review or approval, except to the extent caused by the sole negligence of the City of Santa Ana. ADOPTED this day of , 2017. APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Miguel A. Pulido Mayor 75D-61 Ordinance No. NS-XXXX Page 3 of 4 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify that the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on 2017 and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Clerk of the Council City of Santa Ana 7501-62 Ordinance No. NS-XXXX Page 4 of 4 The land referred to in this Commitment is situated in the City of Santa Ana, County of Orange, State of California, and is described as follows: PARCEL 1: BEGINNING AT A POINT ON THE EASTERLY LINE OF SPURGEON STREET, DISTANT NORTHERLY 410.00 FEET FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHERLY LINE OF SEVENTEENTH STREET AS SHOWN ON OFFICIAL MAP NO. 1 OF A PORTION OF THE CITY OF SANTA ANA, RECORDED IN BOOK 2, PAGE 24 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING THE SOUTHWEST CORNER OF LAND DESCRIBED IN A DEED TO HORACE L. SKILES, AND WIFE, RECORDED SEPTEMBER 28, 1955 IN BOOK 3225, PAGE 336 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LAND OF HORACE L. SKILES AND ITS EASTERLY PROLONGATION 167.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID SPURGEON STREET, 70.00 FEET TO THE NORTHERLY LINE OF LAND DESCRIBED IN A DEED TO SARAH COULTER, RECORDED OCTOBER 25, 1909 IN BOOK 168, PAGE 182 OF DEEDS; THENCE EASTERLY ALONG SAID NORTHERLY LINE, 72.75 FEET TO THE SOUTHWESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY; THENCE SOUTHEASTERLY ALONG SAID SOUTHWESTERLY LINE, 112.16 FEET TO THE NORTHEASTERLY CORNER OF LAND DESCRIBED IN A DEED TO GEO. B. MACGILLIVRAY, RECORDED DECEMBER 5, 1898 IN BOOK 41, PAGE 21 OF DEEDS; THENCE WESTERLY TO THE NORTHWESTERLY CORNER OF SAID LAND OF GEO. B. MACGILLIVRAY; THENCE SOUTHERLY ALONG THE WESTERLY LINE OF SAID LAND OF GEO. B. MACGILLIVRAY TO THE NORTHEAST CORNER OF LAND DESCRIBED IN A DEED TO DUNWARD F. BENDER AND WIFE, RECORDED FEBRUARY 26, 1941 IN BOOK 1084, PAGE 52 OF OFFICIAL RECORDS; THENCE WESTERLY ALONG THE NORTHERLY LINE OF SAID LAND OF DUNWARD F. BENDER, 112.00 FEET; THENCE NORTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID SPURGEON STREET, 50.00 FEET TO A LINE THAT IS PARALLEL WITH AND DISTANT SOUTHERLY 10.00 FEET FROM THE EASTERLY PROLONGATION OF THE SOUTHERLY LINE OF SAID LAND OF HORACE L. SKILES; THENCE EASTERLY ALONG SAID PARALLEL LINE, 7.00 FEET; THENCE NORTHERLY, PARALLEL WITH THE EASTERLY LINE OF SAID SPURGEON STREET, 10.00 FEET TO THE TRUE POINT OF BEGINNING. PARCEL 2: AN EASEMENT FOR INGRESS AND EGRESS AND PUBLIC UTILITIES OVER A STRIP OF LAND10.00 FEET WIDE, THE NORTHERLY LINE OF SAID 10.00 FOOT STRIP BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EASTERLY LINE OF SPURGEON STREET DISTANT NORTHERLY 410.00 FEET FROM THE INTERSECTION OF SAID EASTERLY LINE WITH THE NORTHERLY LINE OF SEVENTEENTH STREET AS SHOWN ON OFFICIAL MAP NO. 1 OF A PORTION OF THE CITY OF SANTA ANA, RECORDED IN BOOK 2, PAGE 24 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY, CALIFORNIA, SAID POINT BEING THE SOUTHWEST CORNER OF LAND DESCRIBED IN A DEED TO HORACE L. SKILES AND WIFE, RECORDED SEPTEMBER 28, 1955 IN BOOK 3225, PAGE 336 OF OFFICIAL RECORDS; THENCE EASTERLY ALONG THE SOUTHERLY LINE OF SAID LAND OF HORACE L. SKILES AND ITS EASTERLY PROLONGATION, 167.00 FEET. EXHIBIT A 7501-63 PARCEL 3: THE WEST 50 FEET OF THE SOUTH 180 FEET OF THE FOLLOWING: BEGINNING 15.53 CHAINS EAST OF THE SOUTHWEST CORNER OF SECTION 6, TOWNSHIP 5 SOUTH, RANGE 9 WEST, SAN BERNARDINO BASE AND MERIDIAN; THENCE EAST 3.52 CHAINS, MORE OR LESS, TO THE WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RESERVATION; THENCE NORTHWESTERLY ALONG SAID RESERVATION TO A POINT 6.21 CHAINS DUE NORTH OF THE SOUTH LINE OF SAID SECTION 6, THENCE WEST 0.5 OF A CHAIN; THENCE SOUTH 6.21 CHAINS TO THE POINT OF BEGINNING. PARCEL 4: THAT PORTION OF THE LAND ALLOTTED TO GLASSELL AND CHAPMAN, IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGEMENTS OF THE 17T" JUDICIAL DISTRICT COURT OF CALIFORNIA, AND DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE LAND DESCRIBED IN DEED TO JASPER FARNEY AND WIFE, RECORDED JANUARY 23, 1948 IN BOOK 1614, PAGE 124 OF OFFICIAL RECORDS, BEING ON THE SOUTH LINE OF SECTION SIX, TOWNSHIP FIVE SOUTH, RANGE NINE WEST, IN SAID RANCHO AND DISTANT EASTERLY 1074.98 FEET FROM THE SOUTHWEST CORNER OF SAID SECTION SIX; THENCE SOUTH 89" 18' 00" EAST 8.00 FEET ALONG THE SOUTH LINE OF SAID SECTION SIX; THENCE NORTH 0" 25' 00" WEST 170.00 FEET; THENCE SOUTH 89" 18'00" EAST TO THE WESTERLY LINE OF THE SOUTHERN PACIFIC RAILROAD RESERVATION; THENCE NORTHWESTERLY ALONG SAID RESERVATION TO A POINT 409.86 FEET NORTH OF THE SOUTH LINE OF SAID SECTION SIX; THENCE WEST 33.00 FEET; THENCE SOUTH 0° 25' 00" EAST 229.86 FEET ALONG THE WESTERLY LINE OF LAND DESCRIBED IN DEED TO CHARLES A. MANNING AND WIFE, RECORDED JUNE 3, 1941 IN BOOK 1095, PAGE 346 OF OFFICIAL RECORDS, TO THE NORTHWEST CORNER OF LAND DESCRIBED IN DEED TO CHARLES LINGER AND OTHERS, RECORDED APRIL 30, 1953 IN BOOK 2495, PAGE 476 OF OFFICIAL RECORDS; THENCE SOUTH 890 18'00" EAST 50.00 FEET TO THE NORTHEAST CORNER OF SAID LAND OF CHARLES LINGER; THENCE SOUTH 0" 25'00" EAST 180.00 FEET ALONG THE EAST LINE OF SAID LAND OF CHARLES LINGER AND ITS SOUTHERLY PROLONGATION TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE SOUTH 40.00 FEET THEREOF INCLUDED WITHIN SEVENTEENTH STREET. ALSO EXCEPTING FROM PARCELS 3 AND 4 THOSE PORTIONS INCLUDED WITHIN PARCELS 1A AND 1B AS DESCRIBED IN THAT CERTAIN FINAL ORDER OF CONDEMNATION, SUPERIOR COURT CASE NO. 160974, A CERTIFIED COPY OF WHICH WAS RECORDED DECEMBER 13, 1972 IN BOOK 10469, PAGE 332 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. ►_Wz19iPkSi6-1r1 75D-64 AN0 Y J- I. iR 0 ED4E wnnD xu RI � � S 9 R1 � Rt ' RI RI RI R2 R2 R2 S RI RI R2 N2 i C R1 R2 _ eusam,v P1 RI RI RI RI S ere rz,N x+� d 3 R1 3 RI L4Np xeT RI Rt RI C1 Mp Al � R FAIRHAVEN A n Al a 3cl R1 q E ruX,.x LL Srulx Ra All mPx lx AI I.—A ,v Al R1 R12 � R, -4vEaoP, f, F i 4PowNR.Tn ce RI i 1 R1 �DMIA DP aD.xp pq 0.t pyv RI [ exxr a o�.yl= RI f A[EcfN o n anecn i AT RI Mexb at Rt ParRe'fr .uxTA uuuv Q a RI .Pa a.N.M 4 �"E f�fJ furrfw nv j xvu .v Rf wYON,v RI Rt R1 i Rt 21IT IT p a -, fr 1'.' IT ■ flt RI R1 RI irtX eT ` e Xef CI MD� GJ R'N�D Cl MD LI-NDII LI�NDP CS jm DI ,MMI WI o - 17TH ST sn SRR 3 ue a, AA S cs DF �S4 "T.rnx•IIVI. ZONING DISTRICTS Cf I F11=1• Al GENERAL AGRICULTURAL CSM SOUTH MAN STREET COMMERCIAL DIST. RZ TWO. TAMIL Y RESIDENCE -S PARKNG MODIFICATION CI COMMUNITYCOMMERCIAL GC GOVERNMENT CENTER R7 MULTIPLE- FAMILY RESIDENCE -OZ OVERLAY ZONE CIAO COMMUNTIYCOMMERCIAL-MUSEUM DIST. MI LIGHT INDUSTRIAL RA SUSURSANAPARTMENT PLANNED RESIDENTIAL C2 GENERAL COMMERCIAL M2 HEAVY NOUSTRIAL RE RESIDENTIAL ESTATE PRO DEVELOPMENT C/ PLANNED SHOPPING CENTER O OPENSPACE SO SPE-CFICOEVELOPMENT .HD2 HEIGHT DISTRICT C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP SPECIFICPLAN CR COMMERCIAL RESIDENTIAL R1 SINGLEFAMILYRESIDENCE ASN SECTIONAL DISTRICT MAP: 6-5-9 9-01 CITY OF SANTA ANA. CALIFORNIA Exhibit B 75D-65 SPECIFIC DEVELOPMENT PLAN NO. 91 Aqua Permanent Supportive Housing Project SECTION 1 — APPLICABILITY OF ORDINANCE The Specific Development zoning district No. 91 (SD -91) for the Aqua permanent supportive housing project site is authorized by Chapter 41, Division 26 Section 41-593 et seq. of the Santa Ana Municipal Code. SD No. 91 contains the specific standards and regulations contained in the residential district, as herein amended, for the purpose of establishing land use regulations and standards. All other applicable chapters, articles, and sections of the Santa Ana Municipal Code are in effect unless expressly superseded by regulations contained in this ordinance. SECTION 2 — PURPOSE The Specific Development Plan No. 91 for the Aqua permanent supportive housing project consists of standards and regulations established for the purpose of protecting the health, safety, and general welfare of the people of the City of Santa Ana by promoting and enhancing the value of property and encouraging the orderly development of the property. The objectives of the Aqua permanent supportive housing project specific development plan include provision of the following: Development of a residential project in an area identified by the 2014- 2021 Housing Element as an opportunity area for infill residential projects. 2. Promotion of the City's image as providing high-quality residential projects for individuals and families of all income groups. 3. A clean and safe environment for the City's residents, workers, and visitors. 4. A visually harmonious development as viewed both internally and externally. 5. Flexibility in development in response to market conditions while achieving overall City and community goals. SECTION 3 — Uses permitted in Specific Development No, 91 The following uses are permitted in the SD -91 district: (a) Fifty-six (56) multiple -family dwelling units for supportive housing and one (1) onsite manager's unit. EXHIBIT C 75D-66 (b) Ancillary onsite community -serving or social service uses. The lobby will be accessible 24-hour a day to residents and staff. (c) Home occupations, pursuant to section 41-192.1 of the Santa Ana Municipal Code. SECTION 4 — Uses subiect to a conditional use permit in Specific Development No. 91 (a) Childcare facilities caring for more than eight (8), but no more than fourteen (14) children. SECTIONS —Maximum permitted floor area ratio (FAR) The maximum authorized building intensity for the Aqua permanent supportive housing project is a floor area ratio (FAR) of 1.3, including residential areas, community -serving areas (e.g., laundry room, office, gym and community room), parking garage and interior corridors. SECTION 6 — Minimum lot area in Specific Development No. 91 The developable lot for the project shall have a minimum lot area of .90 acres. SECTION 7 — Minimum street frontage in Specific Development No. 91 Developable lots shall have a minimum street frontage of at least 58 feet. SECTION 8 — Building height in Specific Development No. 91 No structure shall exceed 45 feet in height, as measured from the lowest adjacent grade of a structure to the top of the structure. SECTION 9 — Development standards in Specific Development No. 91 The Aqua permanent supportive housing project shall be built as shown on the approved project plans included as attachments to the SD. The plans shall govem in the event there is a conflict between the SD with the project plans. In addition, the following standards are applicable to the project: (a) Setbacks. (1) A minimum setback of twelve (12) feet three (3) inches shall be provided between the property line and buildings on Seventeenth Street (2) A minimum setback of ten (10) feet shall be provided between the west side property lines and buildings (3) A minimum setback of zero (0) feet shall be provided between the east side property lines and buildings (4) A minimum setback of ten (10) feet nine (9) inches shall be provided between the rear property line and buildings 75D-67 (b) Parking. The minimum off-street parking requirements for the project are as follows: (l) 36 total parking spaces, of which: a. 8 parking spaces shall be tuck -under parking b. 28 parking spaces shall be provided in an enclosed garage (2) A minimum often (10) bicycle spaces shall be provided onsite. The design and materials shall comply with the approved materials board submitted for the project during building plan check. (3) Prior to occupancy a parking management plan shall be submitted to the Planning Division for review, identifying parking per unit, services provider parking and guest parking. The plan is subject to approval of the Planning Manager. (c) Pedestrian Walkways and Open Space. The project will provide a minimum of 15% open space in the form of common, landscaped open space areas, deck, courtyard and lobby, mailroom, interior community room, dining room, gym, computer room, laundry rooms, service provider offices and onsite resident services office. (d) Walls/Fences. A solid block wall with a minimum height of six feet shall be constructed along the east, north, and west property lines. The block wall shall be designed to contain a decorative cap, regularly -spaced decorative pilasters, and a decorative finish in accordance to the design provisions contained within the most recent version of the City's design guidelines. (e) Landscaping Detailed landscaping plans shall be submitted to and be approved by the City of Santa Ana Planning Division prior to issuance of a building permit and installed as required in the approved plans. (l) Project Landscaping: a. Landscaping shall be compliant with the City of Santa Ana's Landscape Water Conservation Ordinance. b. All landscape areas shall have a fully automatic irrigation system (including spray or drip) as required by the City of Santa Landscape Water Conservation Ordinance. (2) All meters shall be appropriately screened from public view with trellis work and vines or hedge -type shrub, or be incorporated into the residential structure. (3) The building wall along the easterly property line shall be planted with vines. 75D-68 (4) Maintenance: All plant material shall be maintained per Section 41-609 of the Santa Ana Municipal Code. (f) Architectural and Design Features. (1) Exterior materials. Prior to building plan check the applicant shall submit revised architectural elevations with additional colors, materials, windows, or recessed areas to previously flat facades, subject to the review and approval of the Planning Manager. Exterior materials and finishes for the project shall comply with the approved materials board submitted for the project during building plan check. All trash enclosures and similar ancillary structures shall match the texture, material and color of the building. (2) Hardscape materials. Enhanced paving materials shall be installed at the driveway entrance and the pedestrian walkway along the main driveway. The actual paving materials shall be approved by the Planning Division. (3) Lighting standards/fixtures. The light fixtures are to integrate design elements of the building and landscape architecture. Lighting is to be designed to confine the direct rays of the artificial lighting within the boundaries of the development. Specifications of light standards/fixtures and photometrics plan shall be submitted to Planning Division for approval. (g) Mechanical Equipment. Appurtenances. and Conduits All mechanical equipment and all supporting appurtenances and conduits shall be screened from view within designated rooms, inside walls, behind parapets, or through a combination of landscape and hardscape materials. (h) Trash Enclosures Trash bins shall be stored in designated trash enclosures. There shall be an onsite designated trash staging areas only be used on service days and the staging area and bins shall not disrupt vehicular use of the driveway. The minimum requirements needed to service the location shall he clearly indicated on the plans and subject to the approval of the Public Works Agency. (i) Easements Prior to the issuance of building permits all easements shall be relocated or quitclaim within the boundary of the project and building footprints. 6) Maintenance The property shall be maintained free for trash, debris and graffiti. Graffiti shall be removed within ten (10) days after its appearance in accordance with Section 10-227 of the Santa Ana Municipal Code. 75D-69 75D-70 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 1023 NORTH BRISTOL STREET (PROJECT NO. 136792) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 61 1G; 3 2C) CITY MANAGER RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1023 North Bristol Street (APN 405-262-33) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a north -south transportation corridor, which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 3A, bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 3A, acquisition of the parcel at 1023 North Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 14 months. A good faith offer was made on February 3, 2017, in the amount of $742,090 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75E-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 1023 N. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $742,090 are appropriated in the Bristol Street Improvements Project (No. 136792), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. Noc Freb Mou avipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75E-2 MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET X*09,bbl 405-262-23 405-262-22 1 -- LU W (W a L`L £ /rq u y, 2 J R U) m 0 z -iJBJECT PBOPER'NES -AGOUIRED PRICPERTIES SANTA APIA CITY COUNCIL AGENDA DATE June 20, 2017 PUBLIC WORKS AGENCY CIVIC CENTER DR. ---i L -E WASHINGTON AVENUE 40 24-12 11402qTm N *:1:11=311ri 12TH STREET -10 -09 405-262-22 MATCHLINE SEE TOP LEFT RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACOUISITION OF REAL 'ERTY AT 1023 NORTH BRISTOL STREET JECT NO. 13-6792 NONGENERAL FUND) (Strategic Plan Na. 6, 1G and 3, 20 75E-3 PAGE 1 OF 1 City ®f Santa Ana REVISED RECEIPT OF OFFER PACKAGE Bristol Street Improvement Project - Civic Center Drive to Washington Avenue Parcel File No. 405-262-33 Owner(s) of Record: Additional Owner (s) of Record Property Address: Robert E. Marlin and Jacoba E. Marlin, Trustees of the Robert E. Marlin and Jacoba E. Marlin 1981 Family Trust dated April 14, 1981, fifty percent (50%) interest; and James S. Cohen and Celia C. Cohen, and successors, as Trustees of the Cohen Family Trust, dated May 24, 2005, fifty -percent (50%) interest N/A 1023 North Bristol Street Santa Ana, CA 92703 This is to acknowledge receipt of the offer package containing the following items: • Preliminary Report Issued by Title Company (Attachment 1) • Property Legal Description (Attachment 2) • Statement of Just Compensation (Attachment 3) • Improvements Pertaining to the Realty (IPR) List (Attachment 4) • Summary Explanation Statement (Attachment 5) • City of Santa Ana Handbook on Acquisition (Attachment 6) • Your Rights Under Title VI (Attachment 7) • W-9 Form (Attachment 8) Robert E. Marlin Date Jacoba E. Marlin Date 71-,yE"-"f42 James S. Cohen Date Celia C. Cohen Date MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villages February 8, 2017 CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 714-647-6900 www Santa-ana.ora Robert E. Marlin, Jacoba E. Marlin, James S. Cohen and Celia C. Cohen, 260 Avenida Vista and San Clemente, CA 92672 SUBJECT: OFFER TO ACQUIRE PROPERTY AT: 1023 North Bristol Street, Santa Ana, CA 92703 APN: 405-262-33 ACTING CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Via certified mail 1023 N. Bristol Street Santa Ana, CA 92703 Dear Robert E. Marlin, Jacoba E. Marlin, James S. Cohen, and Celia C. Cohen: The City of Santa Ana ("City") is proceeding with its plans to construct Phase IIIA of the Bristol Street Improvement Project between Civic Center Drive and Washington Avenue. The City obtained a preliminary title report that lists Robert E. Marlin and Jacoba E. Marlin, Trustees of the Robert E. Marlin and Jacoba E. Marlin 1981 Family Trust dated April 14, 1981, fifty percent (50%) interest; and James S. Cohen and Celia C. Cohen, and successors, as Trustees of the Cohen Family Trust, dated May 24, 2005, fifty -percent (50%) interest, as the vested owner, Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property". No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. SANTA ANA CITY COUNCIL Miguel A. Pulldo Michele Martinez Vicente Sarmiento Jose Solorio P. David Benevides Juan Villegas Sal Thai Mayor Mayor Pro Tem, Ward 2 Ward Ward Ward Ward Ward moullco(a),santa-grarnlmarfnez(alsantaanaora vsarnientorelsanfa-ana are Isolokiaa.ntaanaoro dbenavd.edyanta-ana.oro IvillaaasOsantaana.oro stinaierofasanta-anacro 75E-5 1023 N. Bristol St. February 8, 2017 As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers you $695,250 for the real estate and $46,840 for Improvements Pertaining to Realty (IPR) for a total compensation of $742,090. The basis for this offer is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3 and Improvements Pertaining to the Realty list, identified as Attachment 4. The California Relocation Assistance and Real Property Acquisition Guidelines provide that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Per our records you have requested the $5,000 amount for preparation of the appraisal report for your property. Please let us know prior to March 9, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. SANTA ANA CITY COUNCIL Mlgugl A. Pulldo Mighele Martinez V,d.na, Sarmisnto Jose Solono P. David Benavldes Juan Villages Sal Tlnafero Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 moulidoOsanla-ana.org mimartinezidsenta-ana.org vsarmientopsanta-ana.org Lglgigoesanta-mi dbenavid.a,s.rla-ana.org 'villegasMsanla-ana.org stinaiar.Asanta-dm...ro 75E-6 1023 N. Bristol St. February 8, 2017 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call the City's acquisition consultant, Hernando Avilez, from Overland, Pacific & Cutler, Inc. at (949) 951-5263. Sincerely, Jason Gabriel Principal Civil Engineer Cc: Janelle M. Dease, Esq, - Borchard & Callahan, APC SANTA ANA CITY COUNCIL Miguel A. Pulido Monde Martinez Vicente Sarmiento Jose Solorio P. David Benavides Juan Villages Sal Tiri levo Mayor Mayor Pro Tam, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 I'tl Col t- mlmartlnezfolsanla-angora vs arm'ent.A..nta-ana ora 'solorgA.enta-angora dbenavderAsanta-ana.ora Iv'lleoasfmsanta-ana.ora sCna'... Osanla-angora 75E-7 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: All that certain real property situation in the County of Orange, State of California, described as follows: LOT 1 OF TRACT NO. 839, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 25, PAGE 42 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 405-262-33 75E-8 ATTACHMENT STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Robert E. Marlin and Jacoba E. Marlin, Trustees of the Robert E. Marlin and Jacoba E. Marlin 1981 Family Trust dated April 14, 1981, fifty percent (50%) interest; and James S. Cohen and Celia C. Cohen, and successors, as Trustees of the Cohen Family Trust, dated May 24, 2005, fifty -percent (50%) interest The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary") required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b). The appraisal on which this summary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. 75E-9 ATTACHMENT The property is being appraised for the possible full acquisition by the City of Santa Ana to assist in negotiations with the property owner for the possible full acquisition of the subject property as a part of the Bristol Street Widening Improvement Project. DESCRIPTION OF THE SUBJECT PROPERTY Ownership: Robert E. Marlin and Jacoba E. Marlin, Trustees of the Robert E. Marlin and Jacoba E. Marlin 1981 Family Trust dated April 14, 1981, fifty percent (50%) interest; and James S. Cohen and Celia C. Cohen, and successors, as Trustees of the Cohen Family Trust, dated May 24, 2005, fifty -percent (50%) interest Location: 1023 North Bristol Street, Santa Ana, California 92703 Assessor's Parcel No.: 405-262-33 Date of Value: January 24, 2017 Property Rights Appraised: Fee simple Site Area: Approximately 7,263 square feet, or 0.17 acre, according to public records. Zoning: According to the City, the larger parcel is zoned O (Park), within the Bristol Street Corridor Specific Plan designated by the City of Santa Ana. The purpose of the O District is to provide for permanent open spaces in the city. Present Use: Commercial Highest and Best Use Retail development (As Vacant): Highest and Best Use Continuing the existing use (As Improved): Improvements: According to information obtained from public records and verified by physical measurements of the building, the building has a gross building area of ±1,545 square feet. It was originally constructed in 1950. Description of Acquisition: A full acquisition is proposed 75E-10 ATTACHMENT SALES COMPARISON APPROACH The estimated fair market value of the subject property is based on improved sales data for other properties with essentially the same utility and amenities. The subject property is located on a primary arterial street and the property benefits from good access and visibility. To analyze the value of the subject property, a search was conducted of the market area for similar improved office building sales. Very few transactions were found in Santa Ana. The search was expanded to surrounding areas and included small office buildings that sold throughout Orange County since January 2015, built before 1990 and between 1,000 and 10,000 square feet in size. Of the comparables discovered, the six most similar properties were chosen for comparison. The comparables reflect selling prices ranging from $385,000 to $1,175,000, which is approximately $302 to $472 per square foot of building area, or approximately $52 to $161 per square foot of land area. Office buildings of this size are primarily purchased for owner -occupancy whereby the fee simple interest is conveyed. The primary approach used in this market by owner - users is the sales comparison approach. As such, the sales comparison approach is developed to provide an indication of the fee simple market value. The comparable sales are analyzed using the price per square method, which is the typical basis used by buyers in this market. This unit of measure provides a reliable basis of comparison for the assignment. As a check to the reasonableness of the conclusion price per square foot of land area is also reviewed. Adjustments are considered for transactional differences as well as for physical differences between the subject property and comparables. Included on the following page is a Comparable Improved Sales Summary. 75E-11 ATTACHMENT Conclusion After adjustments for market conditions, the comparables establish a fair market value range for the subject property between $312 and $484 per square foot as shown in the following table. Comparable Nos. 1, 2 and 3 are rated inferior, while Comparable Nos. 4 and 5 are rated superior. Based on the subject property's size, location and condition, a value above $351 per square foot but below $466 per square foot is indicated for the subject property. 75E-12 COMPARABLE IMPROVED SALES SUMMARY Location COE Data Bldg Sze SP Year Built Sales Rice APN Doc No. Land Area SF Ste Gov. Rice PS (Bldg Comments Price PSF/Land SUB,ECT PROPERTY 1023 N. Bristol Street NIApp 1,545 1950 N/App The subject property is utilized man Santa Ana, Cl92703 N/App 7,263 21% N/App optometrlWe offce. Located mid -block on Bristol B., with goad visbility. ADT= approx. 405-26283 35,000 Comparable No. 1 310 S Main Bradt 7/14/2016 2,120 1917 $640,000 Single -tenant commercial building used sea Santa Ana, CA 92701 321338 6,025 35% $301.89 bakery for the last 60 yours The broker reportsa 398-288-08 $106.22 new roof, awning, exterior paint and air Grantor: Barbara Lynne Orr and George Robert Vebeck, stat. conditioning unit. Grantee: 3641 Le Sage Real Estate Partners LLC Comparable No. 2 1517 E4th Street 7/23/2015 1,200 1924 $385,000 lav✓ office building located near the Federal Santa Ana, C492701 382743 7,405 16% $320.83 Court Building. AverageaccessWidbility on 398892-19 $51.99 secondarystrest. The broker reportsthat the Grantor: Atzeff Koche property !sin average minuscondition, and in need of updating. Grantee: Kumar4 LLC Comparable No. 3 1502 N Main Street ACTIVE 1,767 1919 $586,123 Cyder SFRoonverte7 for office usa.Good Santa Ana, CA92701 NhA 7,733 23% $331.71 acceslvisbility on an arterial Brest. Prior sale in 005-153-12 $75.80 May 2013 for $449,000, or $254/9=. Grantor. Luk Family Trust Grantee: WA Comparable No. 4 924 E. Chapman Avenue 9/29/2016 2,224 1921 $1,050,000 Converted SFR used for an office . Good Orange, CA 92866 47422 6,534 34% $472.12 access(Asbllity on an arterial street. 390451-02 $160.70 Grantor: Coast Soccer League, Inc. Grantee: D.23 LLC Comparable No. 5 7891 Westminster Boulevard 9/13/2016 2,586 1956 $1,175,000 SFRconverted for offceuse Average Westminster, CA 92683 435061 13,876 19% $454.37 amessivisbility on an arterial street. 096825-03 and -24 $84.68 Grantor: Rchard Long The Nguyen Grantee: LDHT Family Ro artles Conclusion After adjustments for market conditions, the comparables establish a fair market value range for the subject property between $312 and $484 per square foot as shown in the following table. Comparable Nos. 1, 2 and 3 are rated inferior, while Comparable Nos. 4 and 5 are rated superior. Based on the subject property's size, location and condition, a value above $351 per square foot but below $466 per square foot is indicated for the subject property. 75E-12 ATTACHMENT 75E-13 Indicated Values Comparable Overall Indicated $/SF No. Comparability 4 Superior $484 5 Superior $466 Subject $450 2 Inferior $351 3 Inferior $315 1 Inferior $312 A fair market value of $450 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of January 24, 2017, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 1,545 SF X $450 PSF = $695,250 ROUNDED $695,250 75E-13 ►_I aWATya,•111:1011IV, INCOME APPROACH The subject property is an owner -occupied, commercial building utilized as an optometrist's office. As such, the fee simple value is analyzed using market rent and expenses. Market Rent Analysis A survey of Santa Ana and the surrounding cities for recently executed leases and asking rents for office space ranging from 656 to 3,279 square feet in size is used in the analysis. The important factors considered during selection of the comparables include location, building area, visibility and access. The search focused on properties with arterial street visibility, but data for such properties was found to be somewhat limited; however, sufficient data was available to estimate a market rental rate for the subject property. The survey properties indicate that rents are written on a triple -net, modified gross, and full service gross basis. For valuation purposes, a triple -net basis will be utilized. For triple -net leases, the tenants pay operating expenses such as property taxes, insurance, tenant utilities and janitorial, common area maintenance and utilities, building repairs and maintenance, security, parking and sometimes management (or a portion of management). These expenses are normally recouped by the landlord in the form of an expense reimbursement charge. The landlord is still responsible for non -reimbursed management (collecting the check and watching over the property) miscellaneous expenses such as those incurred between tenancy, accounting, legal, miscellaneous and replacement of short-lived items such as the roof, air-conditioning units and exterior walls, if applicable. Based on the review of the rental data and after consideration for differing property characteristics, it is concluded that a rental rate of $1.80 per square foot per month, triple - net, for the subject property is reasonable for the analysis and is used in the direct capitalization analysis. table: The estimated market income for the subject property is calculated in the following CONCLUDED MARKET RENT Building Market Rent/SF Market Rent/Mo. Annual Market Size Mo. Rent 1,545 SF $1.80 $2,781 $33,372 75E-14 ATTACHMENT Vacancv and Collection Loss Small office buildings are most frequently purchased for owner -occupancy and are analyzed using the sales comparison approach, with values calculated assuming no vacancy or collection loss. However, from the perspective of an investor, a stabilized vacancy and collection loss within the historical range is usually applied, assuming a five - to 10 -year holding period. An estimated stabilized vacancy and collection loss of 3% is considered appropriate for the direct capitalization analysis. Expense Analysis The subject property is an owner -user office building. Typically, leases for similar buildings in this market are written on a triple -net lease basis, where the tenant is responsible for operating expenses for the property including: taxes, insurance, utilities, common area maintenance, building repairs and maintenance. The owner is responsible for management, miscellaneous expenses, and administrative costs. The capital value analysis has been analyzed on a typical triple -net basis. Overall Capitalization Rate A review of sales and listings of office properties found that reported OARs reflect rates from 4.00% to 5.00%. These sales are considered the best evidence of an appropriate capitalization rate for the subject property. 75E-15 DI RECT CAR TALI ZATI ON ANALYSI S Office Building 1023 N. Bristol Street Santa Ana, California c ONTL • �771�1►�t3 Rental Income Annual Market Fbntal Income Monthly Fbntal Income $1.80 PAF x 12 Months $33,372 Total Leaseable Area 1,545 T Total Potential Gross Income $33,372 Vacancy 3% ($1,001 Effective Gross Income $32,371 REIMBURSABLE EXPENSES $/SF Management 2.0% ($0.42) ($647) Reserves 10.101 `; 1 a= Total Reimbursable Expenses ($0.52) ($802) $802 Net Operating Income $31,569 Capitalization Rate 4.750/c Indicated Valueat Market Fbnt $664,609 ROUNDED $664,600 *Difference may be due to rounding. Income Approach Conclusion The direct capitalization analysis and resulting indication of market value via the income approach is shown on the following page. The indicated fair market value, as of January 24, 2017, is as follows: INDICATED VALUE - INCOME APPROACH $664,600 75E-16 ATTACHMENT CONCLUSION OF VALUE The approaches most often relied on by buyers of this type of property have been developed. Thus, the sales comparison approach is developed as the primary value indicator. The cost and income approaches are rarely considered by buyers in this market and are less reliable than the sales comparison approach as the typical buyer of the subject property would be an owner -occupant. There are limited investor sales with reported overall capitalization rate data in this building market segment and data for signed leases is of limited quantity and quality. The income approach has been developed, but is given less weight in the final conclusion of value. The cost approach is rarely used by buyers in this market and does not tend to produce reliable valuation results; the cost approach has not been developed. APPRAISAL CONCLUSION Considering the data and analyses presented, the opinion has been formed that as of January 24, 2017, the fair market value of the subject property is: INDICATED VALUE Sales Comparison Approach $695,250 Income Approach $664,600 Reconciled Value (Rounded) $695,250 The above is a summary of my appraisal prepared at the request of, and to be used by, the client to comply with Code of Civil Procedure Section 1255.010(b). My appraisal is the basis for this summary and was made in accordance with accepted appraisal principles, consistent with California Valuation Law. Stephanie L. Kavanaugh, Certified General Real Estate Appraiser, Certificate No. AG030565, provided assistance in this assignment. BY: Elizabeth M.tMAI, AI-GRS Certified General Real Estate Appraiser Certificate No. AG005391 Expiration Date: April 13, 2016 Dated: January 25, 2017 75E-17 ATTACHMENT CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have previously appraised the subject property in our File No. 15-5328, dated December 7, 2015. 4. We have performed no services, as appraisers or in any other capacity, regarding the property that is the subject of this report within the past three-year period immediately preceding acceptance of this assignment. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment. 6. Our engagement in this assignment was not contingent upon the developing or reporting predetermined results. 7. Our compensation is not contingent on the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. Stephanie Kavanaugh has made a personal inspection of the property that is the subject of this report. Elizabeth M. Kiley has not made an inspection of the subject property, but has fully participated in the analyses, opinions and conclusions concerning real estate contained in this report and fully concurs with the conclusions expressed herein. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The reported analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, Elizabeth M. Kiley has completed the continuing education program for Designated Members of the Appraisal Institute. i� U U 4ViWL. Elizabeth M. Kiley, AI, AI-GRS Stephane Kavanaugh Certified General Real Estate Appraiser Certified General Real Estate Certificate No. AG005391 Certificate No. AG030565 Expiration Date: April 13, 2018 Expiration Date: April 12, 2017 75E-18 ATTACHMENTS APN: 405-262-33 Page 2 SUMMARY STATEMENT ACCOMPANYING OFFER RELATING TO ACQUISITION PROCEDURES FOR PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are not being conveyed unless other disposition of these improvements has been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for 75E-19 ATTACHMENT APN: 405-262-33 Page 2 doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 5. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75E-20 ATTACHMENT CITY OF SANTA ANA TITLE VI INFORMATION PACKAGE The project proposed by the agency listed above will be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents: • Title VI Booklet • Title VI of the 1964 Civil Rights Act and Related Statutes • Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope • Right of Way Title VI Discrimination Complaint Form • The U.S. Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title VI Survey form be completed and returned in the self- addressed stamped envelope. If you read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principal Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 P.O, Box 1988 M-36 Santa Ana, CA 92702 © 1980-2012 Overland, Pacific & Cutler, Inc, 75E-21 (Nov -12) El Im FA kt 4a 4 4J Im FA kt ATTACHMENT 6 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 of z NONDISCRIMINATION STATUTES • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6 10 1, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Bights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or curried on under this title." (PROHIBITS DISCRIN41NATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacement ... (to maintain)... the economic and social well-being of communities; and ... to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75E-24 ATTACHMENT TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 2 ot2 • The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) • The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (e) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law." • Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(I) It shall be unlawful... to refuse to sell or rent atter the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, of otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING — HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. • Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No, FHWA-HCR-06-006 75E-25 TITLE VI SURVEY ATTACHMENT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et sect.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any pail of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: _ Under 40 _ 41-65 Over 65 %gcelEthnicity: _ White _ American Tribe Black Pacific Islander Hispanic _Other —Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering any physical disability or medical condition? _ Yes _ No Are you a low-income family? Enclosure _Yes _No 75E-26 ATTACHMENT 6 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant N rho Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798 , at seq.), notes is hereby given for the request of personal Information by this form. The requested personal information is voluntary. The principal purpose of the voluntary Information is to facilitate the processing of this farm. The torture to provide all or any ped of the requested Information in by delay processing of this fore. No disclosure of personal Information will be made unless permissible under Audio 6, Section 179824 of the IPA of 1977. Each Individual has the right upon request and proper identlticalion, to Irspecl all personal Information In any retard maintained N individual by identifying particular. Direct y l q ' f 1' Ile ante to your IPA CKca Dist Co Rte BASIS OF DISCRIMINATION Post ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low -Income ❑ Non-English Speaker Provide date(s) and place of alleged discrimination Describe the nature of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Known) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible witnesses whonr the complainant believes can provide factual information about this allegation Stale the action requested by complainant 75E-27 ATTACHMENT 6 DN'tPrIAMUr 1141,P 'I, ,Up '"JO 4P6 1 .. IILJ* IjWJ' 4"Aprk"La, kp 4mjhvvb, :1 -�ft WIIPT TvM 'PW 7 376P V RT 0 -4M qy� PT 1 —I lu ,JT3-drPIhAqUu&IR- 011run., Ounwilkil iql I 1, Arabic EI= A. Cambodian Wtka ikabho-n yayangin Daftgnul rwmlwil pat Ouft7pu' kumentus 70tarriorm). 5, Chamorro Ozjju&eovaj Iwadratid aka Za.Kk1-w&a tuto kolottku, pokud ftte a liwiffte 6esky. Kruis dit vak-je, aan sU a Nederlitnt1q. kunt lazen of 8prokeft. Mark this box if you fwid or speakftglish ce 6 , ul , S] j u P- 75E-28 6. Simplified Chinese 7.Traditional Chinese WL#= 11. �ngllsh 12, Farsi ATTACHMENT DB -3309 r U.s. UGRAR i Mery Urcummtacc 75E2Q V Eonomlos vnU.S' CEISU5 BUREAU 13. French 14, German 15, Greek 16, Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25. Polish Cocher ici si vous lisez on parlez le Pranpais. Kreuzen Sic dieses Kiistchen an, wenn Sic Deutsch lesen oder sprechen. E11i MbCYTE ttUTO TO T[Xa(U(O aV &cP6�e-rE 1) 11.LX&-rE F,XXgv IK&. Make kazye sa a si ou 1i oswa on pale kreyol ayisyen. 3TtTt 3TfCf ;fT qu � � � W � w � MTIF I ® Kos lub voj no yog koj paub twm thiab hais Ins Hmoob. Jelolje meg ezt a kockat, ha megerti vagy beszeli a magyar nyelvet. ® Markaam daytoy nga kation no makabasa wenno makasaoka iti Ilocano. PMarchi questa casella se Legge o parla italiano. E B -F, Gv�J, a�tt�aol� I�Epjf�Z<t� rcb�o o-1 z el 71 L+ pad T °a ° r 01 511H RAI o}'tii� hl k. El Zmnu Z�ee� i�u ue u �nw a o. El Prosimy o zaznaczenie tego kwadratu, jezeli posluguie sig Pan/Pani jgzykiem polskim. DB -3309 r U.s. UGRAR i Mery Urcummtacc 75E2Q V Eonomlos vnU.S' CEISU5 BUREAU 13. French 14, German 15, Greek 16, Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25. Polish ATTACHMENT ❑ Assinale este quadrado se voce 18 ou fala portuga@s. ❑ Ynsemnali aceasta casula data Citi¢ sau vorbili romanegte, FlIomeTbTe 3TOT KBagpaTxK, ecru Bbi'txTaeTe Him rosopuTe no-pyccxx. 06enexcxTe oRaj xsaApaTxh yxonxxo YxTaTe x7114 rOBopxTe cpucxH je314x. OmOte tento stvorcek, ak viete cftat'alebo hovorit'po slovensky. ❑ Marque esta casilla si lee o habla espahol. ❑ Markahan itong kuwadrado kung kayo By marunong magbasu o magsalita ng Tagalog. ❑ lumlaiaauLivaaluNoat Tvi�u i�uu'rorJax�t� luu. ❑ Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga. ❑ BiAMiTbTe uro KniTHHKy, RKIIAo R14 wraeTe AD roBopxTe yxpaYHc6Koto mosoto. ®Uv»Lb�is�sL�r9��1"if ❑ Xin danh dau vao 8 nay neu quy vi bit;t doe va n6i dtfgc Vi6t Ng3. ❑ .05T5N uiv'I '197N 0)95'7 T5N 35)N lump O9T 03J))NN3 OR -3309 U,S. DEPARTMENT OF COMMERCE Economicsa U.S, Statistic U.S, CENSUS BUREAU 26. Portuguese 27 Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33. Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish aficirrinistraclon 75E-30 ATTACHMENT to ter your TINavoid back p the appropriate Forhex. The ls, t is Is you muss mann int mote gw SN). H ,� ' - to avoid backup withholding. For Individuals, this Is your social seeudfy number (SSNJ. However, for a disregarded entity, see the Part I Instructions on page 3. Forother ® Request for Taxpayer Give Form to the Form fill August 2013) identification Number and Certification requester. Da not send to the IRS. Department of the Treasury Internal Revanue Ssruice Identification number I mEmployer I I Name (as shown on your Income tax return) Suslness name/disre9erded entity name, if different from above m °- Check appropride box for federal tax classlflcation: Exemptions (sae instructions): O ❑ Individual/sola proprietor ❑ C Corporation ❑ 3 Corporation EJ partnership ❑ TmsVestate y o Exempt payee code Of any) t� F-1 Limited liability company. Aller the tax classification (C=C corporation, 8=3 corporation, P=pednerehlp)> Exemption from FATCA reporting `o L code (if any) y❑ Other (see instructlons)► address (options)) AUdress (number, alreet, end apt. arsons an.) a, ]-F�eq�uooer'8and Cfly, state, and ZIP code m N List account numbor(s) hero (optional) • Tax oyer Identification Number (TIN) to ter your TINavoid back p the appropriate Forhex. The ls, t is Is you muss mann int mote gw SN). H ,� ' - to avoid backup withholding. For Individuals, this Is your social seeudfy number (SSNJ. However, for a disregarded entity, see the Part I Instructions on page 3. Forother _ m _ resident alien, solo proprietor, or entities, it Is your employer Identification number (EIN). If you do not have a number, see How to get e LJJ--f—f TW on page 3. Nate. If the account is in more than one name, sae the chart on page 4 for guidelines on whose number to enter. Identification number I mEmployer I I Under penaites of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and 2. [am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest ordlvidends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U,S, citizen or other U.S. person (defined below), and 4. The FATCA code(a) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct, Certification instructions. You must cross out Item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have felled to report all Interest and divired property, on cncellationreturn, of debt, contributions to an individual retirement em 2 does not apply. arrangement (IFor RA), and Interest paid, mantoioth or abandonment of secured property, nanarally. navmenls other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. Sign Signature of Here U.S. person 0, General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, atuAVW IM40VAV9. [marination about any future developments affecting Form W-9 (such as legislation enacted after we release Ii will be posted on that page. Purpose of Form A person who Is required to Its an Information return with the IRS must obtain your correct taxpayer Identification number (11N) to report, for example, Income paid to you, payments made to you in settlement of payment card and third party no twork transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, orconldbutton6 you made to an IRA. Use, Form W-9 only If you are a U.S. person Including, a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that lheTIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a Ui exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of env oadnamhlo Income from a U.S. trade or business Is not subject to the Data P withholding tax on foreign partners' share of effectively connected Income, and 4. Ca1IWhet FATCA code($) entered on this form (if any) Indicating that you We exempt from the FATCA reporting, is Centel. Note. If you are a US, person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If It Is substantially similar to this Form W -g. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An Individual who to a U.S. citizen or U.S, resident alien, A parn irship, corporation, company, aassociation created or organized in the United States or under the laws of the United Slates, • An "late (other than a foreign social, or •,A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business In tha United Stales are generally required to pay a withholding tax under station 1446 on any foreign parmase' share of effectively connected taxable Income from such business. Fudher, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1446 withholding lax. Therefore. If you are a U.S. person that Is a partner In a padnemhip conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 Wihholding on your there of partnership Income. Cat. No. 102SIX 75E-31 Form B-2013) ATTACHMENT 7 Form W-9 (Rev. 6-2013) Page "Z In the cases below, the fallowing person must give Form W-9 to the partnership for purposes of establishing its U.S, status end avoiding withholding on Its, allocable share of net Income from the partnership conducting a trade or business In the United Slates: - In the case of a disregarded entlly with a U.S. owner, the U.S. owner of the disregarded entity and not the entity, - In the case of a grantor trust with a U.S. grantor or other U.S, owner, generally, the U.S. grantor or other U.S, owner of the grantor twat and not the trust, and - In the case of a U.S. trust (ether than a grantor trust), the U.S. trust (other than a grantor twat) and not the bene0ciaries of the trust. Forelgn parson. if yyou are a foreign person or the U.S, branch of a foreign bank that has elected to ba treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-6 or Form 8233 (see Publication 616, Withholding of Tax on Nonresident Aliens and Foreign Entities), Nonresident ellen who bee ... a a resident aIran. Generally, only a nonresident Won Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of Income even after the payee has otherwise become a U.S. resident allen for tax purposes. If you are a U.S. resident alien who Is relying on an exception contained In the saving clause of a tax treaty to clean an exemption from U.S. tax on certain types of Income, you must allaah a statement to Form W-9 that specirres the following five Remo; I. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonmaldent alien. 2. The treaty article addressing the income. 3, The article number (or location) In the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of Income that qualities for the exemption from tax. 5, Sufficient facts to justify the exemption from lax under the terms of the treaty article. Example. Article 20 of the U.S: Chlna income tax treaty allows an exemption front tax for scholarship Income received by a Chinese student lam starry present In the United States. Under U.S. law, this student will become a res[dent alien for tax purposes If his or her stay In the United Stales exceeds 6 calendar years. However, paragraph 2 of the first Preto el to the U.S,-China treaty (dated Aredt 30, 1 Beer) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States, A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship bllow.chin income would attach to Forst W-9 a statement that Includes the If you are a nonresident allen or a foreign entity, give the requester the appropdato completed Form W-8 or Form 8233. What Is backup withholding? Persons al certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments Tills Is called "backup withholding." Payments that may be subject to backup withholding Include Interest, lax -exempt interest, dividends, broker and horter exchange transactions, rents, royalties, nonemployee pay, payments made In catilemant of payment card and third party network transactions, and certain backup payments fromldinging boat operators. Real estate transactlons are not subject to akup You will not he subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper cerilflcations, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup Withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (sea the Part II Instructions on page 3 for details), 3. The IRS tells the requester that you furnished an Incorrect TIN, d, The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or b. You do not certify to the requester that you are not subject to backup withholding under 4 above (far reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code an page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Spedol rules forpedners6lps on page i. What is FATCA reporting?'The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified Unlled Stales persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reparting code on page 3 and the'Instructlons for the Requester of Form W-9 for more Informatfon. Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated Information if you Ora a C corporation that aloof; to be an S corporation, or if you no longer are tax exempt, In addition, you most furnish a new Form W-9 If the name or TIN changes for the account, for example, if the grantor of a grantor trust riles. Penalties Failure to furnish TIN, If you fall to furnish your cormotTIN to a requester, you are subject to a penalty of $50 for each such (allure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false Information with respect to withholding. IF you make a false statement with no reasonable baste that results in no backup withholding, you are subject to a $500 penally. Criminal It enalty for folsifying Information. Willfully falsifying certifications or atIfunatlons may subject you to criminal penalties Including fines and/or Imprisonment. Misuse of TINs. If the requester discloses or uses TINS In violation of is decal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name It you are an Individual, you must generally enter the name shown on your income tax return. However, If you have changed your last name, for Instance, due to mardage without Informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your newlastname. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered In Pad I or the form. Sole proprietor. Enter your Individual name as shown on your income tax return on the "Name" fine. You may enter your business, trade, or "doing business as (DBA)" name on the "Business name/disregarded entity name° line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the "Name" line and any business, trado, or "doing business as (DBA) name" on the "Business nameldisregarded entity name" llne. Disregarded entity. For U.S, federal tax purposes, an entity that Is disregarded an an entity separate from Its owner is treated as a"dleregarded entity." See Bagatelle section 301.7701-2(0)(2)(111). Enter the owner's name on the "Name" ]Inc. The name of the entity entered on the "Nano" line should never be a disregarded entity. The name on the "Name' line must be the name shown on the Income taxreturn on which the Income should be reported. For example, If a foreign LLC that Is treated as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.S, owner's name is required to be provided on the "Name" line. If the direct owner of the entity Is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on the "HwIness name/dlsragarded entity name" line. If the owner of the disregarded entity Is a foreign person, the owner must complete an appropriate Form W -B Instead of a Form W-9. This Is the case oven If the foreign person has a U.S. TIN, Note, Checkthe appropriate box forthe U.S. federal tax classification of the person whose name Is entered on bre "Name" line (Indlviduallsole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the "Name" fine Is On LLC, cheek the "Unilh d liability company' box only and enter the appropriate code for the U.S. federal tax classfi catioff In the space provided. If you are an LLC that is treated as a partnership for U.S. federal tax purposes, enter "P" far partnership, If you are an I.LC that has filed a Form 8832 or a Form 2653 to be taxed as a corporation, enter "C" for C corporation or "S' for S corporation, as appropriate. if you are an LLC that is disregarded as an entity separate from Its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be Identified on the "Name" line) Is another LLC that Is not disregarded for U.S. federal tax purposes. If the LLC is disregarded as an entity separate from Its owner, enter the appropriate tax classification of the owner Identified on the "Name" line. Other entitles, Enter your business name as shown on required U.S. federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may.onter an business, trade, or DBA nnmo on the "Business name/disregarded entity name' line. Exemptions If you are exempt from backup withholding and/or FATCAmpoding, enter In the Exemptions box, any code(s) that may apply to you. Sae Exempt payee code and Exemption from FATCA reporling code on page 3, 75E-32 ATTACHMENT Form W-9 (Rev. 8-2013) Page 3 Exempt payee code. Generally, individuals (including cote proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for curtain payments, such as Interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network lransaallons. Note. If you aro exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The fallowing codas Identify payees that are exempt From backup withholding: 1—An organization exempt from tax under section 601(a), any IRA, or a custodial account under section 403(b)(7) If the account satisfies the requirements of section 401(1 2—The United States or any of Its agencies or instrumentalities 3—A state, the District of Columbia, a possession of the United States, or any of their polltical subdivisions or instrumanlalitles 4—A foreign government wany of its political subdivisions, agencies, or Instrumentalities 5—A corporation G—A dealer In securities or commodities required to register In the United Slates, the Distdct of Columble, or a possesalan of the United States 7--A futures commission merchant registered with the Commodity Futures Trading Commission B—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust rand operated by a bank under section 584(x) 11—A financial institution 12-A middleman known In the Investment Community as a nominee or custodian 13—A trust exempt from tax tinder section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the oxempt payees listed above, l through 13. IF the payment is for... THEN ilia payment Is exempt for, Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations, S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over$600 required to he Generally, exempt payees reported and direct sales over $5,0001 1 through 6s Payments mads in aettlement of Exempt payees l through payment card or third party network transactions t See Farm 1009-MISO, Miscellaneous Income, and its Instructions. 'However, the following payments made to a corporation and reportable on Form 10ge-MISC are not exempt From hacimp withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and pnymento for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes Identify payees that are exempt from repo cling under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial Institutions, Therefore, If you are only submitting this form for an account you hold in the United Stales, you may leave this field blank. Consult with the person requesting this form If you are uncertain If the Inandal Institution Is subject to these requirements. A—An organization exempt from tax under section 501(a) or any Individual retirement plan as defined in auction 7701(8)(37) B—The United Stales or any of its agencies or Instrumentalllles C—A state, the District of Columbia, a possession of the United Stales, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which 1s reg ulady traded on one or more established securllies markets, as described In Reg. auction 1.1472-1(c)(1)(1) E—A corporation that Is a member of the same expended affiliated group as a corporation described In Reg. section 1.1472-1(c)(1)(1) F—A dealer in securities, commodities, or derivative financial Instruments (Including notional principal contracts, futures, forwards, and options) that Is registered as such under the Imus of the United States or any state G—A real estate investment trust H—A regulated Investment company as defined In section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund es defined In section 564(a) J—A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt past under a section 40303) plan or section 457(g) plan Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. IF you aro a resident alien and you 00 not have and are not ellglbfe to gel an SSN, your TIN Is your AS Individual taxpayer Identification number (ITIM. Enter it in the social security number box. If you do not have an ITIN, see How to gat a TIN below. If you are a sole propdetar and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that Is disregarded as an entity separate from Its owner (sue Limited Llatu ify Company (LLC) on page 2), enter the owners SSN (or EIN, If the owner has one). Do not enter the disregarded entity's FIN. if the LLC Is cleselfled as a corporation or partnership, enter the entity's BIN. Note. See the chart on page 4 for further clarificallon of name and TIN combinations. How to get a TI N. If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Form 55-5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa,gov. You may also gel this form by calling 1-000-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identificntlon Number, to apply for an ITIN, or Form 88-4, Application for Employer Identification Number, to apply for on EIN. You can Oppty for an EIN online by accessing the IRS websita at wua0ro.9ov7bushoesses and clicking on Employer identification Number (EIN) under Starting a Business. You can get Forms Wd and SS4 from the IRS by visiting IRS.gov or by calling 1 -800 - TAX -FORM (1.800.829-3676). If you unasked to complete Form W-9 but do not have aTIN, apply for a TIN and write "Applied For" In the space for the TIN, sign and date the fano, and give It to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied Far" means that you have already applied fora TIN or that you Intend to apply for one soon. Caution: Adfsregardsd U.S, entity that has a foreign owner must use the appropriate Form W -e, Part II. Certification To establish to the withholding agent that you are a U,S, person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or below Indicate otherwise. For ajolnt account, Only the person whose TIN Is shown In Part I should sign (when required), In the case of a disregarded entity, the person identified on the "Name" tine must sign. Exempt payees, see Exemptpayee coda earlier. Signature requirements. Complote the cergflcatlon as Indicated In Items'I through 5 below. 1. Inlsrss4 dividend, and barter exchange accounts opened before 1984 and broker accounts considered active daring 1983. You must give your correct TIN, but you de not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and Is raiser accounts considered Inactive during 1983. You must sign the cedihoaticn or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out Item 2 in the certification before signing the form. 3, Real estate Iruminations. You must sign the oedlfication. You may cross out Item 2 of the certification. 4.0ther payments. You must give your correct TIN, bre you de not have to sign the certiffcaflon unless you have been notified that you have previously given an Incorrect TIN. "Other payments" Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than hills for merchandise), medical and health core services (Including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fisherman, and gross proceeds paid to attorneys Including payments to corporations). 8. Mortgage Interest paid by you, scarlet lion or abandonment of secured property, cancellation of deb I. qualified tuition program payments (under section 629), IRA, Covert ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. 75E-33 ATTACHMENT Form W-9 (Rev. 8-2013) Page 4 What Name and Number To Give the Requester For lilts type of account: Give name and SSN of: 1. Individual The Individual 2. Two or more Individuals(lainl The actual owner of the account or, account) If combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minora Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor is also trustee) b. So-called trust account that le The actual owner' not a legal or valid trust under elate law 6. Soba proprietorship or disregarded The owner' entity awned by an individual 0. Grantor twat filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulation section 1.671-4(1b)(2)(I)(A)) For this type of account: Give name and Efflof: 7, Disregarded entity not owned by an The owner Individual B. A valid twat, estate, or reason trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2663 1O. Association, club, religious, The organization charitable, educational, or other tax-exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such and a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form Thetford 1041 Filing Method or the Optional Farm 1099 Filing Mathnd 2 (see Regulation seclian 1.671.4(b)(2H0(SI) ' fust first end circle the name of the person whose number you furnish, if only one person on a joint account has an SSN, that Immune number moat be famished. e Circlathe mieei s name and furnish the mNm's SSN. .You must show your Individual roma and you may area enter your entrants of "DSA" mama on basic cau), bsust the INSencouraged ncourageo One. You may ase eitheryour SSN cr EIN If you you to use your 66N. °fist informed ctega the name of the tract, sal ate, or pension trust, (00 not (win lab To TIN of the Fewer re mandtoUse or trustee unless the legal entity itself Is utdoximuted In the account III Iw) Nee see 5peclafmfes rot ,finershlpson page 1. 'No le, (I motor also meet provide a Form W-9 to tested of trust. Note. If no name Is circled when mare than one name Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity then occurs when someone uses your personal information such as your name, social security number (SSM, or other Idantifying Information, without your permission, to commit fraud or other crimes. An Identity thief may use your SSN to get a lob or may Ole a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SRN, • Ensure your employer Is protecting your aSN, and • Be careful when cheating atax preparer. If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed an the IRS notice or letter. If your tax records are not currently effected by Identity theft but you think you are at had: due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908.4480 or submit Form 14038. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing economic harm or a system problem, or are seeking help in receiving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service RAS) assistance. You can reach TAS by calling the TAS loll -free case Intake line at 1.877-777-4778 or TTY/TDD 1.800-829.4059. Protect yourself from auspicious smalls or phlshing schemes, Phlshinglsthe creation and use of anner and websites designed to mimic legigmate business emails and welselles, The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user Into surrer,daiing private Information that will be used for identity theft. The IRS does not Initlate contacts with taxpayers via emails. Also, the IPS does not rsgmm personal detailed Information through email or ask taxpeyere, for the PIN numbers, passwords, or similar secret access Information far their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phlshing®trs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-808-886-4484. You can forward suspicious smalls to the Federal Trade Commission at: spam®uco.gov, or contact them at www..fhogovlfdtherf or 1.877 1 DTH EFT (1-877-438-4338). Visit IRS.gav to learn more abort Identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Cade requires you to provide your correc YIN to pers file IRS to report Interest, dividends, or certain other Income paid to you; mortgage Interest' of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting th reporting the above Information. Routine uses of this Information Include giving it to the Dap of Columbia, end U.S. commonwealths and possessions for use In administering their laws, federal and state agencies to enforce civil and criminal laws, or to federal law enforcements whether or not you are required to rile a tax return. Under section 3406, payers must genera payments to a payee who does not give a TIN to the payer. Certain penalties may also start) 75E-34 s) who are required to file Information returns with candonmenl of secured property; the cancellation to the farm to file Information returns with tile IRS, it criminal litigation and to Gilles, states, the District disclosed to other countries under a (early, to )tnbat terrorism. You must provide your TIN arable Interest, dividend, and certain other 75E-35 V C N Y � o V O q `w O t0 N C 75E-36 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 1023 N. BRISTOL STREET (APN 405-262-33) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75E-37 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 1023 N. Bristol Street (APN 405-262-33), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 3A of the Bristol Street Widening Project (`Project'). The location of the Project is between Civic Center Drive and Washington Avenue for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No, 2017 -XXX Page 2 of 6 75E-38 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: Il ' Joy M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75E-39 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75E-40 6/20/17 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows: Lot 1 of Tract No. 839, in the City of Santa Ana, County of Orange, State of California, as per map recorded in Book 25 Pace 42 of Miscellaneous Maps, in the Office of the County Recorder of said County. APN: 405-262-33 75E-41 Resolution No. 2017 -XXX Page 5 of 6 I EXHIBIT B �1BbY BJNrQ O! SS1hY bO9 P. > «--- ^— g 3Alttq r r ,'ws ;H!YJ 1 }l3lN30 p7AfJ � a. Resolution No. 2017 -XXX Page 6 of 6 9 5 J 75E-42 NO O ff % a 0 a v l 4 wy r t f " ae OFJ 1 .l y L:+I 14 R ���+.y � Kvrea /'^ll a x f r Resolution No. 2017 -XXX Page 6 of 6 9 5 J 75E-42 NO O 123ls Hl [Y r tN Ala 4 a v l 4 wy r t f " ae 123ls Hl [Y r tN Ala REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 1302 WEST 11TH STREET (PROJECT NO. 136792) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) 0 CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1302 West 11th Street (APN 004-111-22) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a north -south transportation corridor, which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 3A, bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 3A, acquisition of the parcel at 1302 West 11th Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on February 3, 2017, in the amount of $575,000 (Exhibit 2). The Public Works Agency has made and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75F-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 1302 W. 11th Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $575,000 are appropriated in the Bristol Street Improvements Project (No. 136792), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. I OW F4 Mousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: C1wANS Int ,") +:1!k:A Francisco Gutierrez D Executive Director fV Finance & Management Services Agency 75F-2 MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET LEGEND: 405-2G2-23 405-262-22 2 - 1 H' W W f - J rO/y Vhf F W � -GIJBJEL"'I' PP.LPERI'IES -<,:Op INFO FMrEET7EC. �AIVTA AMA OrrY �UNCIL FJJuen07u21 PUBLIC WORKS ACEHC1 CIVIC CENTER DR. ----i L--- - WASHINGTON AVENUE 71]�^ 44]P7412Tm 40 12TH STREET i' CI *Y 3J *I I° 11TH STREETm F- co o m J � m-:.. x CO m EXHIBIT 1 4415-274-10 405-274-m9 405-262'33 405-2B2-32 MATCHLINE SEE TOP LEFT RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITYFOR THE ACQUISITION OF REAL - ROPERTY AT 1302 WEST 11TH STREET JECT NO. 13-6792 NONGENERAL FUND) (Strategic Plan Na. 6, 1G; and 3, 2CI PAGE 1 OF 1 75F-3 Parcel File No. 004-111-22 EMMMM� • ZEM�• ' i� Mss- "s• n N/A 1302 West Il"' Street Santa Ana, CA 92703 This is to acknowledge receipt of the offer package, containing the following Items: Preliminary Report Issued by Title Company (Attachment 1) a Property. Legal Description (Attachment 2) * Statement of Just Compensation (Aftaohment - Summary Explanation 8tatement (Attachment 4) • City of Santa Ana Handbook on Acquisition (Attachment 5) • Your Rights Under Title VI (Attachment 6) • W-9 Form (Attachment 7) Leticia Carrillo Date EXHIBIT 2 75F-4 February 3, 201 Leticia Camilo 1302 West t lin Street ,Santa Ana;:CA.70. MY OF SANTA ANA PUBLIC WORKS ACENCY 2U C1vla Center PIM M"96 a R0 Sox 1888 tui -38' Santa Ana, Callrarr in 62702 yM.+satilia.ays can UBJECT#RVi E OFFSRTC+ACQUIRE PROPERTY AT,,, 1342 West 11I� Street, Santa Ana, CA 92743 A,PN; 004-11 i-22 Dear Leticia Carrillo: ACTMG MY MANAGER Gwardo MtaeE UTYATTORRNEY $010 R.C.anxitha McRKOrTHECT UNCIL mods o FEuizar Via certified snail The City of Santa Ana ("City's ,is proceeding with its plans to consl Street Improvement Project between CIvid Center Drive and ft obtained a preliminary title report that lists Leticia Carrillo, as her as the vested owner, Attachment 1. The City seeks to acture above-mentioned address, +which consists of the underlying reI Attachment 2. The area to be acquired is referred to herein as the" Phase IIIA of the Bristol Igton Avenue. The City and separate Property, property located at the operty as described in No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title If more than one person has an interest in the Property that the City N seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted In accordance with commonly accepted appraisal standards and included consideration of the Highest and hest use of the land. Based on the appraisal, the clty offers a total compensation of $676,00 The basis for this offer Is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting at Resolution of Necessity, or bafh, SNTAANA0TVCMHrfL M19uWA, €^ulfda Wool*Me ilm worloso"MW i Joao solou Rwd Demos J'An ovka%5 S.t MaJdra Meym ( WyorMTWa WWOa 1 viodA tAlald3 1: ai^ar4A [ WaMs Woraa a,R,.a18 I It k i UMM02AWAIMUM ( i3tNoln ¢3nta.sxrapra c 4. .taWAgim tlk "nn ora i himsiw6leio.?a�ntrx-ora rva 75F-5 1302 West 11th Street February 3, 2017 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The California Relocation Assistance and Real Property Acquisition Guidelines provide that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a), This information is provided in Attachment 4. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Per our records you have requested the $5,000 amount for preparation of the appraisal report for your property. Please let us know prior to March 3, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call the City's acquisition consultant, Mona Montano, from Overland, Pacific & Cutler, Inc. at (949) 951-5263. Sincerely, Jason Gabriel Principal Civil Engineer 75F-6 Commonwealth` .. LAND 7ITLe COMPANY ATTACHMENT Commonwealth Land Title Company 4100 Newport Place Dr Suite 120 Newport Beach, CA 92660 Phone: (949) 724-3140 City of Santa Ana, Public Works Agency Our File No: 08026527 20 Civic Center Plaza M-36 Title Officer: Chris Mazlar Santa Ana, CA 92702 e-mail: unitl0@cltic.com Phone: (949) 724-3170 Attn: Souri Amirani Fax: (949) 258-5740 Your Reference No: 004-111-22 Property Address: 1302 W 11TH STREET, Santa Ana, California PRELIMINARY REPORT Dated as of September 3, 2015 at 7:30 a.m. In response to the application for a policy of title insurance referenced herein, Commonwealth Land 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. Limitation 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. The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company. Please read the exceptions shown or referred to below 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. 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. CLTA Preliminary Report Form - Modified (31-17-06) Page 1 75F-7 Pile No: 080265217 ATTACHMENT I SCHEDULE A The form orpaticy of title insurance contemplated by this report Is. A Preliminary Report Only The estate or Ititerest 11) the land hereinafter described or referred to covered by this report W A FEE Title to said estate ot interest at the data hereof is -ymg&dLw- Leticia Carrillol, cis her sole and separate property The Iond Warred to hereln Is sltu6ted In the County of OKANG�, State of Califorrilzi, and Is dasctlbao as foljaws,� WA Preliminary Pmport Form - madifled Page Z 75F-8 He No08026527 ATTACHMENTI EXHIBIt"'A"' All that certain real property Situated In the Covilty or Orenge, State Of California, described as f0flows' not ig of` oycl-lypJ219, In, the City of Santa Ana, county of Orange, State of Callforilia, as per map recorded In 09ok_39 y4gg22 of mj�cejjanp ous mops, [n the Office of tiro County Recoroor of said CaLloty, , Ags ss is Peiml Number. 004mllj-22 CLTAPriolminary Repprt ForM -- Modified (11-17-06) Page 75F-9 File No: 08026527 ATTACHMENT 1 SCHEDULE B - Section A The following exceptions will appear in policies when providing standard coverage as outlined 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 but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor of material not shown by the Public Records. CLTA Preliminary Report Form - Modified (11-17-06) Page 4 75F-10 File Mc,c '080265V At the date hereof Exceptions to coverage In addition to the printed exceptipns 3ml exclI In said Policy form would fleas fnllo mn , A� Property taxes, wlhloh are a Lien not yet due and payable, Including any assassPnents collected with taxes to to levied farthe illcal "or 2015-7016, The defaulted texas are hemp paid on a .-.Year Payment Plan, Tile emcunts,necessary 0 complete the 5 -Year Platt or to bring It current must be obtained from the lax Collector's office. B. Any Ileus or rather assessitents bonds, or spacial district Clens lhcluding without limitation„ Community rrocliitYy Districts, that arse by Mason of any local, CRY, Municipal or County Project or Pecial District, C, The lien of supplymental or escaped assessments of property taxes, if any, made pursuant to rue- ier, r $1, ;of Chapter �.5 loommencing with section 75) 0r Part 2a �hagto 3r Ariddk 5 and 4, respectivolke of the pevenUe arid Taxctttion Code of the State of C:allfornla as a result of the crapsfer of title ra thevesfee named in Schedule A3 or as a result of chan9cs-in ownerships or rear construct(ln occurring prior to Crate of poilcYer I Water rights, claims or title to water, 4whather or not disclosed by Ulm public records. 2 Saseerent(s) for the purpose(s) shown below and rigtits Incidental thereto as delineated or as offered for dedication, oh the rhall of said tract/Plat; p robs ; Pubiictttflides AF6ect5s: Southerly 5 feet 31 covenants, conditions and restrictions but OmltUR9 any couonants or restrictions, if any, Including but not limi€ed to those based upon ram, color? 1`001uri, sex, sexual Orleutatl0n, familia[ t tudr marital s€ecus, dlsabi(ICy, handicap, national origin, ancestry, source PP income, gorider, gender identity, 3onder expression, Mocilcai condition Or genetic Inforihatler, as set forth In applicablp state or federal laws, except to the extent that said covenant or restriction is permitted I applicable law, as set forth In the document Recorded- I 022k,y Pao 3�rr of CafeII xerords 4. Easerhent(s) for the purpbse(s) shown below and rights incidental thereto as set forth in a document ' Purposes Public a€CiI€les Recorded: In official Records Affects: rear 5feet at, sold land 5. hasement(s) for the purpoSe(s) shown below and rights Incidental thereto as set forth in a documenti Purpose' script and underground cornrnunloatitln Recording Fiats: Aiagu t 13, 1948 ReeordInd Plc! j6o of Orflolal Rec6rds Affects: South S feet of said' and CLTA F®ISminaryRe(mrt Fenn - Modlfiad (ii=17-06) 115 75F-11 File No: 08026527 ATTACHMeNT I 6. Easement(s) for the purpose(s) shown below and rights Inctdontal therato as set forth In a documents Purposel, electric lines Recording Data: July 22, 1948 Recording No; 12334 of DFfle� AffecM Southerly 5 feet and the No Of rly 5 feet of said land 7. The Land descritted hareln Is Included wIthIn a project area of the Redevelopment Aoncy shown below, end that proceedings for the redevelopment of said project have been instituted Linder the Redevelopmant Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document. RodevelopMent Agency! city of Santa Ana Recording Date: cdober 20, 2QJ4 8, A deed of trust to secure an indebtedness In the amount shown below, Amount; $156,000,00 Dated, June 29, 2005 trusior/Grantor Joaquin CarrIllo and Lerida Carrillo, husband and Wire as community property TrusUsc Orange County Teathets Federal Credit Union, 9 federal credit union Sereficlary: Orange County Teachers Federol Credit Union,, 'a Federal credit union Recording Date; July 5, 2005 Recording No: Mffla=MRf [lfixrial Records The Deed of Trust set forth above Is purported to be a "Credit Line' Deed of TrQst UnLdor CaMorhila Civil Code 92943A it a requirement that the Tfustor/GranWr of ,old t)eOd of Trust either trnmedlatoly provIde the beneficiary With the °Norrower`c instruction to Suspend and Close rquity Line of Creole or provide A sath;factoi-V subordination of this Deed of nist to the proposed Deed of Trust to be recorded at closing: 9, The Land described hartin Is Included wlthlo a, project area or the Redevelop ment AgoncV shown below, end that prompcings for the redevelopment of said project have been Instituted under the Redevolopmepit Law (such redevelopment to proceed only enter the artoption,of the Redevelopment Plan) as disclosed bar a doturnren(, RedevelooMent,kooncv: City of Santa Ana, 16, A homestead declaration EXOCUtad by! Dated; Recording Datet Recording No; Leticia M. Carrilo March 18, 2010 March 18, 2010 26I0600129418 of Official Records MA Piellhlfin,M/ ReMtfohrn - MOCIMOd (11-17-061 Page 5 75F-12 File No: 06026527 REQUIREMENTS SECTION: ATTACHMENT REQ 110. 1 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, CLTA Preliminary Report Form - Modified (11-17-06) Page 7 75F-13 File No: 08026527 ATTACHMENT INFORMATIONAL NOTES SECTION NOTE NO. 1: The information on the attached plat is provided for your convenience as a guide to the general location of the subject property. The accuracy of this plat is not guaranteed, nor is it a part of any policy, report or guarantee to which it may be attached. NOTE NO. 2: For wiring Instructions please contact your Title Officer or Title Company Escrow officer. NOTE NO. 3: Property taxes, Including any personal property taxes and any assessments collected with taxes, are paid. For proration purposes the amounts were: Tax Identification No.: 004-111-22 Fiscal Year: 2014-2015 1st Installment: $2,459.07 2nd Installment: $2,459.07 Exemption: none Code Area: 11101 NOTE NO. 4: None of the Items shown in this report will cause the Company to decline to attach CLTA Endorsement Form 100 to an ALTA Loan Policy, when issued. The following information will be Included in the CLTA Form 116 or ALTA Farm 22-06 Endorsement to be issued pursuant to this order: There Is located on said Land: a commercial/industrial property Known as: 1302 West 11th Street, Santa Ana, California There are no conveyances affecting said Land recorded within 24 months of the date of this report. The Company requires current beneficiary demands prior to closing. If the demand is expired and a current demand cannot be obtained, our requirements will be as follows: a) If the Company accepts a verbal update on the demand, we may hold an amount equal to one monthly mortgage payment. This hold will be in addition to the verbal hold the lender may have stipulated. b) If the Company cannot obtain a verbal update on the demand, we will either pay off the expired demand or wait for the amended demand, at our discretion. C) All payoff figures are verified at closing. If the customer's last payment was made within 15 days of closing, our Payoff Department may hold one month's payment to insure the check has cleared the bank (unless a copy of the cancelled check is provided, in which case there will be no hold). Typist: nb0 Date Typed: September 28, 2015 CLTA Preliminary Report Form - Modified (11-17-06) 76F-14 ATTACHMENT Attachment One (Revised 06-05-14) CALIFORNIA LAND TITLE ASSOCIATION STANDARD COVERAGE POLICY - 1990 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (Including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (1) the occupancy, use, or enjoyment of the land; (it) the character, dimensions or location of any improvement now or hereafter erected on the land; (ill) 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 Dale 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 an 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. Unenfarceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state In which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the Insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the Insured lender, by reason of the operation of federal bankruptcy, state Insolvency or similar creditors' rights laws. EXCEPTIONS FROM COVERAGE -SCHEDULE B, PART I This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof. 3. Easements, liens or encumbrances, or claims thereof, not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage In area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records. 6. Any lien or right to a lien for services, labor or material not shown by the public records. CLIA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13) ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE EXCLUSIONS In addition to the Exceptions in Schedule B, You are not Insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning: a. building; b. zoning; c. land use; d. Improvements on the Land; e. land division; and I. environmental protection. This Exclusion does not limit the coverage described In Covered Risk 8.a., 14, 15, 18, 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: © California Land Title Association. All rights reserved. The use of this Form Is restricted to CLTA subscribers In good standing as of the dale of use. Ali other uses are prohibited. Reprinted under license or express permission from the California Land Title Assoclation. Page 9 75F-15 File No: 08026527 ATTACHMENT 1 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 Your Deductible Amount Limit of Liability 1.00% of Policy Amount Shown in Schedule A or $2,500.00 Covered Risk 16: (whichever is less) $ 10,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 Covered Risk 18: (whichever is less) $ 25,000.00 1.00% of Policy Amount Shown in Schedule A or $5,000.00 Covered Risk 19: (whichever is less) $25,000.00 1.00% of Policy Amount Shown in Schedule A or $2,500.00 Covered Risk 21: (whichever is less) $ 5,000.00 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any Improvement erected on the Land; (til) the subdivision of land; or (Iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13 or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. 5. Invalidity or unenforceability In whole or in part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. © California Land Title Association. All rights reserved. The use of this Form is restricted to CLTA subscribers In good standing as of the date of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association. Page 10 75F-16 File No: 08026527 ATTACHMENT 1 7. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the dale of recording of the Insured Mortgage In the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE Except as provided in Schedule S - Part II, 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: PART The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also Include the following Exceptions from Coverage: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the Public Records. PART II In addition to the matters set forth in Part I of this Schedule, the Title Is subject to the following matters, and the Company insures against loss or damage sustained In the event that they are not subordinate to the lien of the Insured Mortgage: 2006 ALTA OWNER'S POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions, or location of any Improvement erected on the Land; (ill) 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 8. 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 staled in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other Instrument of transfer in the Public Records that vests Title as shown in Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage, In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This pulley does not Insure against loss or damage, and the Company will not pay costs, attorneys' fees or expenses, that arise by reason of: The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also include the following Exceptions from Coverage: © California Land Title Association. All rights reserved. The use of this Form Is restricted to CLTA subscribers in good standing as of the date of use, All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association, Page 11 75F-17 File No: 08026527 ATTACHMENT (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. Any facts, rights, interests, or claims that are not shown in the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and that are not shown by the Public Records. (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. Any lien or right to a lien for services, labor or material not shown by the Public Records. Variable exceptions such as taxes, easements, CC&R's, etc. shown here. ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (12-02-13) EXCLUSIONS FROM COVERAGE The fallowing matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16, 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Dale of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting In loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage, 4. Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated. 5. Invalidity or unenforceability in whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury, or any consumer credit protection or truth -In -lending law. This Exclusion does not modify or limit the coverage provided in Covered Risk 26, 6. Any claim of invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule A is no longer the owner of the estate or interest covered by this policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments imposed by governmental aulhorlly and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided in Covered Risk 11(b) or 25. 8. The fallure of the residential structure, or any portion of it, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided in Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. 10. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence. 11. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances. © California Land Title Association. All rights reserved. The use of this Form Is restricted to CLTA subscribers in good standing as of the dale of use. All other uses are prohibited. Reprinted under license or express permission from the California Land Title Association, Page 12 75F-18 ATTACHMENT 1 File No. 08026527 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. FNF Underwritten Title Company FNF Underwriter LTC - Lawyers Title Company CLTIC - Commonwealth Land Title Insurance Co. Available Discounts DISASTER LOANS (CLTIQ The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within 24 months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located In said area, which was partially or totally destroyed in the disaster, will be 50% of the appropriate title Insurance rate. EMPLOYEE RATE (LTC and CLTIC) No charge shall be made to employees (including employees on approved retirement) of the Company or its underwritten, subsidiary or affiliated title companies for policies or escrow services in connection with financing, refinancing, sale or purchase of the employees' bona fide home property. Waiver of such charges is authorized only in connection with those costs which the employee would he obligated to pay, by established custom, as a party to the transaction. Notice of Available Discounts Page 13 75F-19 Mod. 10/21/2011 ATTR. HMeNT'1 FIDPELI Y NATIONAL RNANGIAL PRIVACY NOTICE leldolbly National 'finuneial, Inc. mid Its mttjorityoiarod atobsJdhiry aaaty be impaired or not funttimi as tire 71and f arty tir�4 nonrpnnles providing real estate* and hart -related 9enti (aulleulively, QW, auction bxliaiv. "jyit", "tmr" or "eve") respect acid are eurnwiEtud to proaeahing year Web Sepcurru Some oP out, iwh pages and elecLwnio privacy, "Chis Privacy Notice lolsytiy knenv Ituta And for w hat ptupwot your flerg❑nt 1lnhnnuaLloo (as 101oad tu,reanl as being collared, aaAununioari��s may etrria(tt lmun❑s, tvliao� nmiy nr niay7tat ba vls[btg prainal cd and "sell by hNF. laic pladga that we Nadi inloa rias§ana'ale tuyrol4 iiirctavii tli'V,reb i3caspbs (Nailsaltattes talented to its."aha" bilk"'}, stopebu one tire that your personalloPCtrnraGan tvillvnly barnad ixt ways Web Flcacnttx ettilect onlytrouped info ti:dion that includes a cookie prat see In compliancenth this PtivRoy Nodeal 'fbo tnxsvisina or dsls nimabar, flaim and date are puge Viet'; and A dosmiptiort ofllle toe Dol pdvnay Notice to you does not Moore, tidy oxfsmsa of trrphed vabtcb the Web Aenaen reoli es, We all also Autry eVeb Pia cine Alaosid rclulintrahhp, or meate tiny express At implied fluty or other obligation, nfWill partyion ad mins ars. Those sed Web Beacons do not lgo or the � t?Personal nal: holtyasu _ Fidelity hdntlenal nanlste lou, and rota dee fila' No activities minted with Ilia 4Vehsdo, ;lee lite Third Party Opt i�dt iiia;s rasegrasiuns ❑ r SVa rrauilxs be n x sectlon below, Privacy Not!" is :only In effino: for any Soule foronnei g❑ olid iAtU aotdeutlfrer. We taut asdl '1 ouatwla va. brarliol Identifier net Information cof orated Auditor ory❑ed by NF, eiolls ub f � Y elan llsretiglu any 1°IVa rvsbsita and any ai FiAo fcatyvas, amen to help ❑ep tramk of your flrttirc visits. We ktl y use this a thea ttinA to r programs otferkd by tads* [callettively, ilia 'Weaa(lo'), liras alathor aggragatn daaaogtapldp mlorinntion about our vlaihax, and vve cy Notion Is not applicable to any wheat web pagan; niobila ata y not 4 to personalize the ynrrrnnat,on you sea on Ain Wellston vad asthoas, social holdia sites. amml lisle, getlorie allbematlon ur same of the, etouteonlacommunications you inul5wemern,us, Weltepp out Information codle❑kad author ornued by Auy enauy'tiler them tills hrRannstlan br nae hi et si't'e 'rad this i❑tbaou t3au is nCJf dheled . - - cvttltothera.. The types otpewoftlt dliCtxnataoir FNIF Collects Indy include cola g ati er things {t;otlecf(vol , "peannu [uParmaliun"}: Ct? 'aomect Intrauterine (ofh drat, address,. phone mountain owed adds ), Ql dernegrplthie Inibvmugoa tatf, Joe ol, hialta gander rnudatl nro4is5h (') inutxtecprithratil (at 111) Address or dbvicaIDUDID; (4)soclol acenitity, nurnbor JSSN}, student ID (SIN), delver'a licansut pkrsspus, rind other govalinuma Fri rrambars; (3) 7iluetruhal seeairnt infernamian; Alul Ib) infatuanttriurelutacttoultertseu admtna[eaa>R atrx Fn the course of our business, sa WAY action' Personal Infrarradion about,ylba t alkilte fellotviatgsottreost e Applieatioars of "Cher forms tau wsceve from you ,or your atrthprtxed reJuxiscatntiYst + filthmoblonmeweeivielirinn vi through ilia she-, + [nfuntaf o9 about'Year transactions md`po or arvices perforriwd by us, ourai£d[atis,oruthersruil From vrua rurbw at, other retraining agencies stud Public, wecurb nualumiaed by gpyorrnnentaf salines Baas s:ai either etbtabr throe€iy frontihusc w0flao, or Penn oaraVzairwsta: othms, �DravosaP Let Fibs. Out servers autotuadvolly tog Mail viahor to ilia Welashe and collect and roroed certain httorinaidil about- Pasch viabar. Ibbs i"Purmolrrin tray inclute 1P addreso, browse, lnnbliami, botaur typo, oporninit, syskaAr, dreala€n mares, lauwsurs, Watery (irehding trae spent at A domain, Par, sed date of your vdsh)' ttferrin i ail enih pages and UkGs, Aad number gf cods Tina donedu nlu m hart lF° Addsesa reveal nurluag parsuaal about the user nthar tban the, lr" mlld€ess from vilijob the warliaa aoneesrat Ihra'aVAAla. Cooklieg, Ptwan time to sing PNh' N othu'thnxd parltes eery noted u "cookie" to your coinpow, A oaalde, is asmall pie4 of data flant € l ecid to your interact buinnmw° bran a g0''rear nail stored as yultr eranpil.m'si laird drive and dam canoe r^a4mu iu lbe duevhlig, vrobgite on sa4seyuesi of dts� A cookie, by itself: cannot road'oaher deco born your �r Out, Altheintab rye d4:. Rol irrosrunly, in the fulano -ive party companies to slow Advei theomepts and+ar rather ins utpitsnosel vrhrnt yeti visit flu Websitc, Tieve ase lum-imnausidly itloaniiiavic Prribnvaliou (ag., V41rk thin, browser type, little land mate, srildeat or rIkked or sudiltd uvea) durTAg your visits to tits 11101p to be at`braater interest to you. 'l hnna nom an os'Lyploaliy use a Cookie or third party Web Duan iia critical this inflarnabw, An Andbor dosenbed above. Through these sial Aol❑g es< the cbiod party easy, have access to Mid use ❑on -person alizud Information &b ant your airline rive activity. You can gpta5rnt ta3'uenain rsn(lise behavlood services thraoglt atuv enc or line ways ttesodulad below, Afoot you op#•uoh you may continue to eeucive aduArlis }taunts, but ihJose advaali aittmts VIM no Jatritor be As rc[avnnttaYaaa • You tan apt -out via the Nelhvork Advertising Initiative industry opt -out nth nyaftalla v.tlellvNrkAlive fg Viatica/. •. 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'cru pC tookipa hyo clratagfag dee We ma Y provide your{sl Information(excluding sotlo5 Enryour tntenct brawscr, but some functionally ofth l WtIbltw li@atmatian we receive from crasomer or other credit intrittl fagericles7 to various bbd aluals Aird companies I'dtstyNotice fflineivor Mw I,"I -i 75F-20 as permitted by law, without obtaining your prior authorization. Such laws do not allow consumers to restrict these disclosures. 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Privacy Notice Effective: May 1, 2015 75F-21 Access and Correction To ikateas your Personal Information f l the ppss lou of iNF led Coaract inaecumilai; or that bifolti a'ilm In Par reco nit, please witaci io In the niinnwr apaoirled a# thin and or thio Pr1racy Notice,:.VVe Gar individual! ui Wanly, lhamselvras And die infoerivalmi tequonod to be accessed and aaacaided bciere promatiog auolr zugtwift end Avir niay declen, to process requests in Ituclted circ urnsaaees as permitted by applicable ravnoy logiabattnn, r ltfarnia Cr#is_ncXRighL Llrirar, Caltfrrntia's"Shing the l,lght" soy, callftsi'nia "$[demo who provide cinialn p¢rsniaily Idoldinobta Witionaatiou in connection aitb obtaining prrorYuats Or cervicus for paorauaat, fi#rl w honschtild use ora enlfH,041$4 retpneSt and Obtain linty 10 once A ualandal "orlrrfotutrtsian nbasa dee uoatomer Information Ave Abased, ItAny, voith otherliwsiriessea for lhetr ui n direct murketiag tires. If applleNile, Ihis itatitsafon would ioa gala die categovies of costumer incarrnatiaa and the names acid addressdy of those buslacsaea ivith eildeni let shared customer bilbrmatiion for ilia atnmadiately prior catondaryear to&, requUls mode in Zbl I will !naive $afarmutioa rggsrding 1014 gltatlagnnttsltiesj, 1b obtain #his i ipintnatioan ori WIMP of FNF,.pleasa Send oil euusil uiassapyl in ,InrtvccwuY�Gi rm Nvith "(totposl for CAPiarrnia Frrvonayx lnforloa ion" in the subject line and in She body orvaur message, Ivil tvid provide Ina tetguestod IoNriaatisa#t to you at your amail address Ill response, filings be ewamIlug not All irdertmolirn slur ng, is covered by 1lta'441 ae the LigV'rt juinCnranp5 and arty hifilouatloo a" covered shirringvrall be Wended In etre m maim ,Addltloo tly, bacnnse Aw array "111oot your 1'cAOMI Laforarnslica Twin these to Ilia% Cnliduraia's Onth e Vdvncy RroleattDa Aat i4 u`€rbg pa In siscloso low we respariel to "do not ovek" tenneses and ormy sjreilar moobuni5nis. (uuct4fiy,our policy is dei one dei not recagn w "do are track" loquotats from Internet bruwaerh and suuinai' ilavioes. im 111 the tralt)pnntitia Avb al Asc ,nay collaek pia ninrlisaiaa JOAN scry oIr is ua rallnvts, * F rs cowl Lu-INewie * property Address tjsepplrortre 1'aaShwat41 !,nasi Ninriu.:r $Sodas! Soearity- Numlov- onaslocal apun entry * UmailMdress I "Ebro. Seeuriii! Qpesiimis And a4ilmov; • fPAddresa ATTACHMENT '1 infargtsllau 4 irrcnnact, yag nuns! :contact ynnv:-mortgagr luau mlrrlcer CCN does got ailasm consumer information with Cut paridts Sather than 41M Avidr Avhi is Ibc muriguga lump servicer lora cnnitgclad to Inlerfuec svllltthe CrRapplication, All sections or ilia FIEF i rtvacy Notice apply to YourWnPactiun will, CCIq, eeccpt lair tl#o ociliagi titled Cholcem iviat Your fersamd, InfirrounioliandsAvcsg.anaCoaNdon [fYogiaaweq+ 5[larerrcgardtng ilia dialcesyup have v"itb regard byoty perminat m onliation or how to access of corrAcl your poraarval larormadon. You shop[!) contact yyour ratio lie lawn servicer, curt snake ally mpreacdiatieus or t4atrantics svlantsocver corcerning arty pnadac[,� or terrioea pirridedto you by Its avyiorlty owrmd, subaldlinho, In addlii+nt, ),on also expredly" 4900 tla tyoul, Erse or ilia 4VebaZe is At your aiva rbb, Any servitor pravlAW to you by r1detily National Financial, Ind, ignitor #Ito 'Vebsise are provided "tis is" red "us available" lbr your uso, vokhotl. r¢prismentalloas or vinrranUps of any kh±, ahfmr exports or imptled, anpusa such wumretIda mo Iugptly incapable of "chatoom VIddity Natural Financial,.fno, ucekes its mpiemeuaPwns or ivatriaLi ,t Obat env semb as provided to yon by it or the websple, or suit' aac'v'Ii`os oftsiod in contraction tw`ittt Ilse 6V"ehate are or "Ill icarain trmrrtiiia uptr.Q or creonfioe, that dafaair Will bre curroliansl, or lkat the Avail pages art oratarissed lhrourtli Ibi Websilo, or Ilia iervers escd lit connection Mich She Welidbi, arc or svlfl remain flee Rorsn any virirsuu, cornus, lima bustlis, drop dead devices, Trojan ko ace, or other barmfal oomp-tuasims. Any tiabtlhN, or,Fidelity National Finniaeiel, frac, And your exclusive eelncd5' with tospeet to the ago df any pooduct, or scrvicc provide by rideltty Nmktml I"dianotal, Isoi. Inoludiag on or nonmed fluouglr the Wel,eito, will be Iiia ic•porfariiasuice or suou wrV1ee found to be inadotiabu€. -. fig' subiniding FPrsonul lnPinisisun to SNF, you noised( to .ttr collection and ase of iorarauttton by us as spct'ltiad above Or As via onhoiovise 40 Fre, In eOMPTIunce with Illi: Privacy !'brim unless Yuri bifouri oat ptltititiase pry. mews al'#ire prvfict9ufc olso ddcd igbrvi. if m- decide to atrnripe this Piiviray, Native, Ave will snake -an droll to pest theca cholunts to tho kwebshe. P141 time.we collect Information foal) you balhavviop, #Cry ntnurtdri#=t+6 of tbffi Pr3trilCy Ahr#pea Will 5ikfi#j3' Toor. tment ie raid aeseptance as its WASH saruas far ad preiv'iously collected Fn{orrnation unit in€ormctiontulleuled from }tm in tho Native, We tory wo cennilreiftj Ant�nadon ire feurtbaok dbnf you atony sutuais in any Di anneof that Nye ItAy :hoose without notice OT 00my)4tnaLlLiV6 to yen. liyau 3iiAa vdi ittiaml sryueollwrs or eomaitalik. please let its know by fiv'iltEinlgyauar uoiiffiit'ns, aa'reques.ts to., Ftclelily^ Natlonel fanvra dei, Inc. 60t Itivcrslibs Atentra 3a ksteriville, tlwlila !teen Ann.Y;:phlefPr ivacgp o�pf icer (883) q,14. 9334 pC4YiaC'jt�tilrtij;CtFm 'rine hatlormlillon you submit is Ilsaia trinotsaYed to your rnvtMe Ione �opyrlshl 0 2015. Fidelity National Financial, the All Nglas sarvssu^sbyvvny'4fC'.C'AF,. tta'ria'uacl, The mortgage Joan -qvrWeer is reslinusado for tatting avAmi or €r,FFIFICTIV AS W`MAY 1,2019 a gdOoll ithangvs to any llnu macer #niaramdon sabrol#test through rl,ts vekastle. 1001, tcnrpipho If =nit believe that ya ur piaymedt er• riser Sri vary Notice E ll'etelx Ay 1, 2tt15 75F-22 ATTACHMENT 1 75F-23 oll - - - - - - - --- « (D O r14 » � � ® u ® 9 \/ , (D 41- aVQ 2z Ij wwm v �m ouiove a 75F-23 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: LOT 18 OF TRACT NO. 1290, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 39 PAGE 39 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 004-111-22 75F-24 ATTACHMENT STATEMENT OF JUST COMPENSATION Assessor's Parcel: 004-111-22 Property Owner: Leticia Carrillo, as her sole and separate property Property Address: 1302 West 11th Street Santa Ana, California Location of Parent Property: Southwest corner of 11th Street and Bristol Street, within the corporate limits of the City of Santa Ana. Description of Parent The property is presently improved with a single family residence of Property: wood frame and stucco construction. The floor plan includes a living room, dining room, kitchen, three bedrooms, and one bathroom. The dwelling contains 1,308 square feet and was originally constructed in 1950. Other appurtenant on-site improvements located within the boundaries of the subject parcel include a legally permitted commercial building containing 410 square feet, single car garage, concrete paving, wood fencing, wrought iron fencing, and ornamental landscaping. Overall condition of the dwelling is rated fair -poor, considering the age. While the dwelling is presently occupied, it suffers from relatively extensive deferred maintenance and physical deterioration. Renovation and upgrading is necessary in order to maintain a competitive position in the market upon resale. The development is situated on a parcel containing 6,534 square feet of land area. Zoning: Bristol Street Corridor Specific Plan; the property has been considered and appraised under the previous zone classification of C-5 (arterial commercial) as a means of avoiding project influence. Topography: Effectively level topography. Utilities: In place at site. Highest and Best Use: Highest and best use is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Commercial development. As improved: Existing use 75F-25 ATTACHMENT STATEMENT OF JUST COMPENSATION Date of Value: December 19, 2016 Public Use for Property: Bristol Street Improvement Project. Estate to be Acquired: Fee simple acquisition of entire subject property. Legal Description: Lot 18, Tract No. 1290, per map recorded in Book 39, Page 39 of Miscellaneous Maps, in the office of the County Recorder, County of Orange, California. Area to be Acquired: Market Value: 6,534 square feet. $575,000. 75F-26 Summary of the Basis for Just Compensation There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach. The Sales Comparison Approach has been applied to the subject property for the purpose of estimating the value of the main dwelling. Certain elements of the Income Capitalization Approach have been employed herein in order to determine the contributory value applicable to the rear commercial building. The Cost -Summation Approach is without meaningful application due to the age and nonconforming status of the existing development and resultant difficulty in accurately estimating accrued depreciation. Sales Comparison Approach: The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the Principle of Substitution, which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in making the substitution." Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. The Sales Comparison Approach has been applied to the subject property after an investigation and analysis was conducted of single family residential properties located within the immediate and general subject market area. Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved. 75F-27 Dwelling On-site Land/Bldg. $/SF Land Data Date Lot Size Size Br/Ba Built Parkino Ratio Sale Price /SF Dwel. 1. 5-16 5,175 sf 1,264 sf 3 br/l be 1918 2 -gar. 4.09:1 $405,000. $ 78.26 405 Franklin Street, Santa Ana $320.41 2 6-16 7,239 sf 1,314 sf 4 br/2 be 1954 2 -gar. 5.51:1 $42500. $ 58.71 1402 West Pine Street, Santa Ana $323.44 3. 7-16 6,000 sf 1,358 sf 3 br/2 ba 1949 2 -gar. 4.42:1 $479,000. $ 79.83 1522 West Washington Avenue, Santa Ana $352.72 4. 8-16 6,659 at 1,279 sf 3 br/2 be 1948 open 5.21:1 $491,000. $ 73.73 1710 West 11 " Street, Santa Ana $383.89 5. 10-16 5,112 sf 1,235 sf 3 br/l ba 1941 2 -gar. 4.14:1 $418,000. $ 81.77 1016 North Flower Street, Santa Ana $338.46 6. 10-16 6,120 sf 1,249 sf 3 br/2 be 1954 2 -gar. 4.90:1 $530,000. $ 86.60 1806 West 15th Street, Santa Ana $424.34 75F-27 ATTACHMENT All of the properties surveyed are located within the immediate and general subject market area. The properties contain dwellings ranging in size from 1,235 to 1,358 square feet of living area, and were originally constructed between 1918 and 1954. The floor plans range from 3 bedrooms/1 bathroom to 4 bedrooms/2 bathrooms. The parcels range in size from 5,112 to 7,239 square feet of land area. After viewing each of the sale properties, and verifying details of the various transactions, the primary unit of analysis employed herein is the overall purchase price. Two other factors developed from the residential sale properties were utilized as secondary units of analysis; they are the (1) overall purchase price per square foot of land area, and (2) overall purchase price per square foot of building area. The overall purchase prices range from $405,000 to $530,000. The purchase prices produce a range of value of $58.71 to $86.60 per square foot of land area, and $320.41 to $424.34 per square foot of dwelling area. The land/building area ratio was also considered in the analysis of the improved residential sale properties when compared to the subject property. The subject property has a ratio of 5.00:1. As can be noted, the land/building area ratios of the sale properties range from 4.09:1 to 5.51:1. All of the sales employed herein conveyed title to the fee simple interest, and represent arm's-length transactions. Financing terms of each sale were typical of the subject market area. Adjustments are not warranted for property rights conveyed, conditions of sale, or financing terms. Certain of the sale properties considered extended over a time period back to the second quarter of 2016. The time frame permitted the development of a rather comprehensive real estate market profile. The improved sale properties employed in this study are set forth in chronological order, and took place between May, 2016 and October, 2016. Inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: General location. Immediate environmental influences Zoning. Land size and configuration. Dwelling age and condition. Type/capacity of on-site parking. Vehicular and pedestrian access. Topography, view amenity. Dwelling size. No. of bedrooms/bathrooms. Construction quality. Extent of on-site improvements. A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the 75F-28 ATTACHMENT characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. The Relative Comparison Analysis is similar to paired data analysis without the use of arbitrary or unsupportable quantitative adjustments. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in making the analysis of each property. The immediate environmental influences, land area, effective dwelling age/condition, overall construction quality, dwelling size, number of bedrooms/bathrooms, parking capacity/type, and extent of other on-site improvements were considered the most important factors in the subject case. Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a property in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. Allowance was made for these factors when considered applicable. All of the sale transactions employed herein were considered helpful in the valuation analysis of the subject property. Following is a summary relating the overall comparability of the individual sale properties to the subject site: Based on the foregoing, the value of the subject property, as indicated by the Sales Comparison Approach, is estimated at $460,000, which reflects $70.40 per square foot of land area, and $351.68 per square foot of dwelling area. 75F-29 Overall Data Comparability Sale Price 1 inferior $405,000. 5 inferior $418,000. 2 inferior $425,000. Subject - - - - $460,000. 3 similar $479,000. 4 superior $491,000. 6 superior $530,000. Based on the foregoing, the value of the subject property, as indicated by the Sales Comparison Approach, is estimated at $460,000, which reflects $70.40 per square foot of land area, and $351.68 per square foot of dwelling area. 75F-29 ATTACHMENT Contributory Value of Commercial Building: Certain elements of the Income Capitalization Approach have been employed herein to estimate the contributory value of the rear commercial building which contains 410 square feet of usable area. The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated. The net operating income is the product of the estimated gross rental income, less various expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. The capitalization rate employed in this study has been developed by an analysis of certain sale properties wherein the net income was available to determine the overall capitalization rate. Following is the income and expense schedule considered applicable to the subject property. Monthly rental income: 410 SF @ $1.85 = $759. Total gross annual income: $759 x 12 = $9,108. Vacancy and credit loss (3.0%): - 273. Effective gross annual income: $8,835. Annual expenses (32%): -2,827. Net annual operating income: $6,008. Capitalization of net income: $6,008 capitalized at 5.25% _ $114,438. Adjusted: $115,000. Final Estimate of Market Value: Based on (1) an analysis of the various sale and rental properties employed herein, (2) the overall condition, quality, and features of the subject property, and (3) current real estate market conditions in the general market area, the market value of the subject property in as -is condition, as of the date of value set forth herein, is estimated as follows: Single family residence: $460,000. Contributory value of commercial building: 115.000. Total market value of subject property: $575,000. 75F-30 ATTACHMENT APN: 004-111-22 SUMMARY STATEMENT ACCOMPANYING OFFER RELATING TO ACQUISITION PROCEDURES FOR PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are not being conveyed unless other disposition of these improvements has been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for 75F-31 ATTACHMENT APN: 004-111-22 Page 2 doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 5. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75F-32 ATTACHMENT E ^\{ƒ�. \ \ : » � �, / \ \ }\\ .,. \� ��\\�\/ w a.. <TA w Public Works Agency 75F-33 ATTACHMENT 5 Dear Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75F-34 TABLE OF CONTENTS ATTACHMENT PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGFIT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES TFIE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I FIAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THF CITY'S STATEMENT OF THE BASIS FOR PTS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I FIAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER, IIOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THF CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WFIAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75F-35 ATTACHMENT WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal, WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 75P-36 ATTACHMENT HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: • How it compares with similar properties in the area that have been sold recently. • How much it would cost to reproduce the buildings and other structures, less any depreciation. • How much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES TILAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: 75F'-37 ATTACHMENT • The recognized definition of the term "fair market value" or the equivalent term. • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired. • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. • The amount of the offer. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ann, Public Works Agency, 20 Civic Center Plaza M-36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When firlly justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 75F;-38 ATTACHMENT YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if. 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and 75F`-39 ATTACHMENT 5 other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of. Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 75Fs-40 ATTACHMENT 5 Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a new location. CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YFS. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. 75F641 ATTACHMENT 5 Code of Civil Procedure Section §1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (I) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill' consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75R-42 ATTACHMENT CITY OF SANTA ANA TITLE VI INFORMATION PACKAGE The project proposed by the agency listed above will be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents: • Title VI Booklet • Title VI of the 1964 Civil Rights Act and Related Statutes • Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope • Right of Way Title VI Discrimination Complaint Form • The U.S. Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title VI Survey form be completed and returned in the self- addressed stamped envelope. If you read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principal Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 P.O. Box 1988 M-36 Santa Ana, CA 92702 © 1980-2012 Overland, Pacific & Cutler, Inc. 75F-43 I gu� n 0 '9 a m IN. re co u 0, 0 '9 a m IN. ATTACHMENT 6 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 aft NONDISCRIMINATION STATUTES • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides; "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U,S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES TILE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCREvUNATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacement ... (to maintain)... the economic and social well-being of communities; and...to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75F-46 ATTACHMENT TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 2 cf2 The Americans with Disabilities Act, P.L. 101.-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government," (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) The Civil Rights Act of 1991, in pail, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment ander color of State law." Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(1) It shall be unlawful ... to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING— HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) The National Environmental Policy Act of 1969,42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. . Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No, FHWA-HCR-06.006 75F-47 TITLE VI SURVEY ATTACHMENT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this fort, The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: Under 40 _ 41-65 Over 65 Race/Ethnicity: _ White _ American Tribe —Black Pacific Islander Hispanic _Other _ Asian Specify: Language spoken, if other than English: Are you or any member of your household suffering any physical disability or medical condition? —Yes —No Are you a low-income family? Enclosure _Yes _No 75F-48 ATTACHMENT 6 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to fha Fatleml Privacy Act (P.L, 93 579) antl the Infennailon Pr.cacss Acl of 197] (Cidl Coda Sections 1798 at seq.J, notice Is hereby given for the request of personal information by this form. Tha requested persenal lntonnallon is voluntary. The principal purpose of the voluntary lnformallon is to fadlliate Ne processing of this forth. Thera to protide all or any part of the requaslad Information may delay processing o! This Conn. No tllsclosura of personal lnformallon will be made unless pennlsslble untler Adiela e, Section 179824 of the IPA of 19]]. Each Indiddual has the tlgm upon request antl proper itlenbOrafion, fo inspad all personal information In any record mainfalnetl on lh.1rdlddual b an identif in articular, Olrect an in uiries on lnfaonesen maintenance to our lPA Otfce. Dist Co BASIS OF DISCRIMINATION Rte Post ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low -Income ❑ Nan-Englisb Speaker Provide dete(s) and place of alleged discrimination Describe the nature of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (ifKnosm) responsible for the action, decision or condition of alleged discrimination Provide suppoRing information known to complainant in support of his/her allegation Identify possible witnesses whom the complainant believes can provide factual information about this allegation State the action requested by complainant 75F-49 1 El 4LOJI a `91 �,�$�` •mus �Ji S.J'^'t t.iq M a.1lC. YI4`l%putir Wlip`{Ituut' lt,uAmt rV6,pp u� u� 1?tu�rvtiul�nti.rwel.li3. Ppb 1.0.40LO IjWd• ItUJtkEfYLLId' EFI.I 4Rl ti 61�:k� 11 Xftl#PFT �47m . e T '4- ' -4mv qq P471 Wth i kahhon ya yangin Out trignu' rntlStOUTA pat tia€ tngnu' kurnenws Chatuorn). tlffi tiprla I - Wna&c ovaaj kvadrata6 uko gttaW i1i goVurlte la�vatski jOs k, Za&vtncte tato kslonka, pokud Mete a hovdite cesky. Kn is d t vakje Baan nls a Nederlands ]cunt lezen of s preken. El Mark this box ii'you mid or speak Etiglkh. 75F-50 1. Arabic 2. Armenian I Bengali 4, Cambodian 6, Chamorrrr 6. SimplIfled Chinese 7. TraditIona l Chinese S,Crcatian 9. Czech 10. Dutch 11. Bngllsh 1, Fars! ATTACHMENT 6 75F-51 e'anamlarsonU.S.CENSUSBUREAU 13. French 14. German 15. Greek 16. Haitian Creole 17, Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25, Polish Cocher ici si vous lisez on parlez le frangais. Kreuzen Sic dieses Kastchen an, wenn Sic Deutsch lesen oder sprechen. Eilµctd�ats auto ro naaiato av Stapck�ETE n µJ.&ie E),XgVLIC&. Make kazye sa a si ou li oswa on pale kreyol ayisyen. 377 3Trq fr-�t t7�r W qU UTt i j c?t iTU W-FFf UR 4T i3TF7 1 Kos lub voj no yog koj paub twm thiab hail lus Hmoob. 7elolje meg ezt a kockit, ha megerd vagy beszeli a magyar nyelvet. Markaam daytoy nga kation no makabasa wenno makasaoka iti Ilocano. El Marchi questa casella se legge o parla italiano. ❑ a1'�i Olz OVAL+ V* er V21 01 boll RAI ol AdA]i. 2mw�u2ai;e0u t1�ui�ue�u�nU�nw�a�a�o. Prosimy o zaznaczenie tego kwadratu, jezeli posluguje sig Pan/Pani jgzykiem polskim. 75F-51 e'anamlarsonU.S.CENSUSBUREAU 13. French 14. German 15. Greek 16. Haitian Creole 17, Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25, Polish ATTACHMENT ❑ Assinale este quadrado se voce le ou fala portugues. ❑ Insemnali aceasta casula data citili sau vorbili romaneste. HomeTbTe aTOT KsagpaTHK, ecru BbI *41YPwTe xnx rosop>3Te no-pYCCX14 F06enex xTe osaj KBappamh yxorlxxo �IxTaTe xnx rOBOpxTe cpncKu je3Hx. Oznacte tento "stvorsCek, ak viete cftafalebo hovorit'po slovensky. ❑ Marque esta casilla si lee o habla espahol. ❑ Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. ®`iwlmtRVOausntla�tuvoaii�ri�uoTuu'sow�HnTrt�`1wu. ❑ Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga. ❑ BiAMITbTe U10 KniTHIIKy, 51KUr 0 813 �IHTacre a6o rOBOpHTe yl(palHC6KOI0 MOBOIO, ❑ ❑ Xin danh ddu vao o nay n6u quy vi biet doe va n6i dtioc Viet NgCf. ❑ .V' -Px u7Yl 1Y,N UV))vx ]>lN 5u0Y7 OwT v7711.Yx] DH -3309 U.S. DEPARTMENT OF COMMERCE 75F-52 EmnomksanUS.CEaSUSBUREAU U.S. CENSUS BUfiEAU 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33.Thai 34.Tongan 35. Ukranian 36. Urdu 37 Vietnamese 38.Yiddish ATTACHMENT Enter you rTINck inthe appropriate box.idU UN prosyou Moor marchsin Ung bar r($S ). •„� ,.u,,.- ....- � _L—t--� - to avoid backup withholding. For Individuals, this is your social securtty number (SSN). However, for a resident alien, sole proprietor, or dlsregarded entity, see the Part I instructions on page 3. For other entitles, it Is your employer identification number (EIN), If you do not have a number, see How to get a TIN on page 3. M Nate. If the account is In more than orae name, see the chart on page 4 for guidelines on whose Employer Identification number I I I number m enter. �'me, Po, w,.,o�... r...q...n • __...., ._.... 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting fora number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a US, citizen or other U.S, person (defined below), and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have felled to report all Interest and dividends on your of debt, contributiorano6otiono, Item 2 does not ns to an Individual retirement apply. nFor ot (IRA), and Interest paid, nentsioth or abandonment of secured property, nannranv. navmenls other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the on Here General Instructions Section references are to the Internal Revenue Corte unless etherise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at wwwIns .govlwg, Information about any future developments affecting Form W-9 (such es legislation 6, send after We release 11) will be posted on that page. Purpose of Form A person who Is required to file an Information realm with the IRB must obtain your correct aid to you, paymxents; made tlfication number o you In sad ement o)ftpayment cardlot x ndthird party Incomenetwork transactions, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured properly, canoellallon of debt, or contributions you made to an IRA. Use Form W-9 only If you ara a U.S. person including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct for you are waiting for a number to be Issued), 2. CenUy that you ere not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. II applhabie, you are also certifying that as a U.3. person, your allocable skate of env rmm emhln Income from aU,S. bade or business Is not subject to the Date P withholding tax on foreign partners' share of effectively connected income, and 4. Cedilythat FATCA codes) entered on this farm (if any) Indicating that you we exempt from file FATCA reporting, Is oonect. Note. If you are a U.B. parson and a requester gives you a form other than Form W-9 to request your"IN, you must use the requester's form if it Is subatantielly similar to this Form W -e. Definition of a U,S, person. For federal tax purposes, you are considered a U.S. person If you are: • An Individual who is a U.S, citizen or U.S, resident ellen, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or •,A domestic trust (as dellned in Regula Ions section 301.7791-7). Special rules for partnrships. Partnerships that conduct a trade or business In the United States are rienerelly required to pay a withholding tax under section 1446 on any foreign Waste' share of effectively connected taxable Income from such business. Further, in certain cases where a Form W-9 has net been received, the rules under section 1446 require a partnership to presume that appartner Is a foreign person, and pay the section 1446 withholding lax. Therefore, If you re a U.B. person that Is a partner In a partnershlp conducting a trade or business In the Un0ed States, provide Form W-9 tothe prmershlp to establish your U,S, statue and avoid section 1446 withholding on your share of pennrehip Income. Cat. No. 10231X 75F-53 rum, (Rev, 9-2013) ® Request for Taxpayer Give Form to the Foran (Rev. August 2013) identification (dumber and Certification requester. Do not send to the IRS. Department of the Treasury Internal Revenue Service Name (as shown on your Income iaz rehun) Business name/dlsregarded entity name, if dl rarenlfrom above m Exemptions (see lnstnlCllons: ° o Check appropriate box for federal tax classiticatlon: ❑ IndMdual/sole proprietor ❑ C Corporation ❑ S Corporation 0 Parimushlp ❑ TrusUestatu y Exempt payee code Qf any) 0 '� ❑ Limited liability company. Enter the tax classification (0=0 comorellon,S=B corporation, P=padnership)> Exemption from FATCA reporting a code (if any) a a ;� ❑Other (see instruollona)► Address (number, street, end epi, orauIto a0J Requesters room, and address (optional) v City, state, and 21P code m List account namber(s) here (optional • Taxpayer Identification Number TIN) „•___„„ social armadillo, number Enter you rTINck inthe appropriate box.idU UN prosyou Moor marchsin Ung bar r($S ). •„� ,.u,,.- ....- � _L—t--� - to avoid backup withholding. For Individuals, this is your social securtty number (SSN). However, for a resident alien, sole proprietor, or dlsregarded entity, see the Part I instructions on page 3. For other entitles, it Is your employer identification number (EIN), If you do not have a number, see How to get a TIN on page 3. M Nate. If the account is In more than orae name, see the chart on page 4 for guidelines on whose Employer Identification number I I I number m enter. �'me, Po, w,.,o�... r...q...n • __...., ._.... 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting fora number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a US, citizen or other U.S, person (defined below), and 4. The FATCA code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have felled to report all Interest and dividends on your of debt, contributiorano6otiono, Item 2 does not ns to an Individual retirement apply. nFor ot (IRA), and Interest paid, nentsioth or abandonment of secured property, nannranv. navmenls other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the on Here General Instructions Section references are to the Internal Revenue Corte unless etherise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W-9, at wwwIns .govlwg, Information about any future developments affecting Form W-9 (such es legislation 6, send after We release 11) will be posted on that page. Purpose of Form A person who Is required to file an Information realm with the IRB must obtain your correct aid to you, paymxents; made tlfication number o you In sad ement o)ftpayment cardlot x ndthird party Incomenetwork transactions, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured properly, canoellallon of debt, or contributions you made to an IRA. Use Form W-9 only If you ara a U.S. person including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving Is correct for you are waiting for a number to be Issued), 2. CenUy that you ere not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. II applhabie, you are also certifying that as a U.3. person, your allocable skate of env rmm emhln Income from aU,S. bade or business Is not subject to the Date P withholding tax on foreign partners' share of effectively connected income, and 4. Cedilythat FATCA codes) entered on this farm (if any) Indicating that you we exempt from file FATCA reporting, Is oonect. Note. If you are a U.B. parson and a requester gives you a form other than Form W-9 to request your"IN, you must use the requester's form if it Is subatantielly similar to this Form W -e. Definition of a U,S, person. For federal tax purposes, you are considered a U.S. person If you are: • An Individual who is a U.S, citizen or U.S, resident ellen, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or •,A domestic trust (as dellned in Regula Ions section 301.7791-7). Special rules for partnrships. Partnerships that conduct a trade or business In the United States are rienerelly required to pay a withholding tax under section 1446 on any foreign Waste' share of effectively connected taxable Income from such business. Further, in certain cases where a Form W-9 has net been received, the rules under section 1446 require a partnership to presume that appartner Is a foreign person, and pay the section 1446 withholding lax. Therefore, If you re a U.B. person that Is a partner In a partnershlp conducting a trade or business In the Un0ed States, provide Form W-9 tothe prmershlp to establish your U,S, statue and avoid section 1446 withholding on your share of pennrehip Income. Cat. No. 10231X 75F-53 rum, (Rev, 9-2013) Farm W-9 (Rev. B-2013) In fila cases below, the following person must give Form W-0 to the partnership for purposes of establishing Its V.S. status and avoiding withholding on Its allocable share of net income from the partnership conducting a trade a business In the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity end not the entity, • in the case of a grantor trust with a U.S, grantor or other U.S. owner, generally, the U.S, grantor or other US. owner of the grantor trust and not the trust, and • in the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. Ilyyou are a foreign person or the U.S, branch of a foreign book that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Pubtleatton 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes o resident alien. Generally, only nonresident effort individual may usolhs forms of a tax treaty to reduce or eliminate U,S. tax on certain types of income. However, most tax trestles contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of Income even after the payee has otherwise become a U.S. resident alien for tax purposes. It you are a U.S. resident often who Is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of Income, you must attach a statement to romp W-9 that specifies the following fivo items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the Income. 3. The article number (or robotic n) In the tax treaty that contains the saving claims and Its exceptions. 4. The type and amount of Income that qualifies for the exemption from tax. 6. Sufficient facts to justify the exemption from lax under the terms of the treaty article. Example. Article 20 of the U.S: China income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily present In the United Slates. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay In the United Slates exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S,-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the ilret protocol) and Is relying on this exception to claim an exemption from lax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the Information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropdale completed Form W-8 or Form 8233. What is hookup withholding? Persons making coach payments to you must under certain conditions withhold and pay to the IRS a percentage of such peymenis, This is called -backup withholding' Payments that may be subject to backup withholding Include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemptoyea pay, payments made In saltlament of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II Instructions on pago 3 for details), 3. The IRS tells the requester that you furnished on Incorrect TIN, 4. The IRS tells you that you are subject to backup wlthholding because you did not report all your Interest and dividends on your tax return (far reportable Interest and dividends onM, or 5, You do not codify to the requester that you are not subject to backup withholding under 4 above (far reportable Interest and dividend accounts opened after 1933 only). Certain payees and payments are exempt from backup withholding, See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Special rules forpadnemhips on page 1. What is FATCA repo ding? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the'instmctfons for the Requester of Form W-0 for more Information. ATTACHMENT 7 Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated Information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish a new Form W-9 If the name or TIN changes for the account, for example, If the grantor of a grantor trust dies. Penalties Failure to furnish TIN, I I you fall to furnish your correct TIN to a requester, you are subject to a penally of $50 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false Information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for Calcifying Information. Willfully falsifying codifications or aifirmallons may subject you to cdminal penalties Including ones and/or Imprisonment. Mfsuee ofTINs. If the requester discloses or uses TINS In violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown an your Income tax return. However, If you have changed your last name, for instance, due to marriage without Informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your nswlastname. If the account is In joint names, list first, and then circle, the name of the person or entity whoua number you entered In Pad I of the farm, Sole proprietor. Enter your Individual name as shown on your Income tax return on the "Name" fine. You may enter your buainess, trade, or "doing business as (CBA)" name on the "Business nama/disregarded entity name" Pro. Padnerahlp, C Corporation, or S Corporation. Enter the entity's name on the "N:une" line and any business, trade, or "doing business as (DBA) name" on the "Business nameldleregarded entity name" line. Disregarded entity. For U.S, federal tax purposes, an entity that Is disregarded as an entity separate from Its owner is treated so a "disregarded entity." See Regulation section 301.770i -2(c)(2)(1111, Enter the owner's name on the "Name' line. The name of the entity entered on the "Name" Ilne should never be a disregarded entity. The name on tha "Name" line must be the name shown on the Income lax return an which the Income should be reported. For example, If a foreign LLC that is treated as a disregarded amity for U.S, federal tax purposes has a single owner that Is a U.S, person, the U.S, owner's name is required to be provided on the "Name" line. If the direct owner of the entity Is also a dlorogarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name an the "Business nalneldlsregardod entity name° fine. If the owner of the disregarded entity la a foreign person, the owner must complete an appropriate Form W-8 Instead of a Fano W-9. This is tho case even If the foreign person has a U.S. TIN. Note. Check the appropdote box for the U.S. federal tax classification of the person whose name is entered on file "Name" line (IncilviduaVsoie proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person Idondfled on the "Nam" Los Is on LLC, check the "Limited liability company" box only and enter the appropriate code for the U.S. federal tax classification In the space provided. If you are an LLC that is treated as a partnership for U.S. federal tax purposes, enter "P" for nadnemhio. If you are an LLC that has filed a Form 3832 or a Form 2563 to be appropriate. If you are an LLC that is disregarded as an coal separate from Its owner under Regulation section 301.7701-3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be Identified on the "Name" lino) is another LLC that Is not disregarded for U,S. federal tax purposes. If the LLC la disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner Identified on the "Name" line. Other entities. Enter your business name as shown on required U.S. federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may.enter any business, trade, or DBA name on the "Business name/disregarded entity name' line. Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter In the Exemptions box, any code(s) that may apply to you, See Exempt payee code and Exemption from FATCA reporting code on page 3. 75F-54 ATTACHMENT Form W-9(Rev, B-2013) Pace Exempt payee code. Generally, Individuals (Including sale protrusions) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as Interest end dividends, Corporations are not exempt from backup withholding for payments made In scettomont of payment card or third party network transections. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following codes Identify payees that are exempt from backup withholding: 1—An orgenkalfon exempt from tax under section 601(a), any IPA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(fj(2) 2—Tho United States or any of Its agencies or instrumentalities 3—A state, the District of Columbia, a possession of the United Stales, or any of their political subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or Instrumentalitles 6—Acorporation 6—A dealer In securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States 7--A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust 9—An entity registered at all times during the lax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) I t—A financial institution 12—A middleman Imewn In the Investment community as a nominee or custodian 13—A trust exempt from tax under motion 664 or described in section 4947 The following char[ shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees haled above, 1 through 13. IF the payment is for... THEN the payment Is exempt for.. Interest and dividend payments All exempt payee a except for? Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees t through 4 pal ronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over$6,000' 1through 6s Payments made in settlement of Exempt payees 1 through 4 payment card or third party network transactions 'Seo Farm 1099-MISC, Miscellaneous Income, and its Instructions. However, the folfowing payments made to a corporation and reportable on Form 1099-MISC are not exempt from It culotte withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an allarney, and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following cedes Idenllfy payees that are exempt from reporting under FATCA. These codes appy to persons submitting this form for accounts maintained outside of the United States by cartaln foreign financial Institutions, Therefore, It you are only submitting this form for an account you hold In the United States, you may leave this field blank. Consult with the person requesting this rami If you are uncertain If the financial Institution Is subject to those requirements. A—An organization exempt from tax under section 501(e) or any Indlvldual retirement plan as defined in section 7701(x)(37) H—The United States or any of Its agencies or Instrumentalities C—A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentalities D—Acorpomlion the stock of which Is regularly traded on one or more established securities markets, as described In Reg, section 1.1472-f(c)(1)(1) E—A corporation that Is a member of the same expanded affiliated group as a corporation described In Reg. section 1.1472-1(a)(t)l7) F—A dealer in securities, commodities, or Of effective financial Instrumords (Including notional principal contracts, futures, forwards, and options) that la registered as such under the laws of the United Slates or any state G—A real estate investment trust H—A regulated Investment company as defined in section 861 or on entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined In section 684(a) J—A bank as defined In section 681 K—A broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Part I, Taxpayer Identification Number (TIN) Enter your TIN in the appropdom box. If you aro a resident all and you do not have and are not eligible to get an SEN, yourTlN Is your IRS Individual taxpayer Identification number (ITIN). Enter it In the social security number box. (f you do not have an ITIN, so Now to get a 7/N below. If you arc a sale proprietor and you have an FIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-membor LLC that la disregarded as an entity separate from Its owner (sea LimitedVab/illy Company (LLC) on page 2), enter the owners SSN (or FIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity'a EIN. Notc, See the chart on page 4 for further clarification of name and TIN combinations, How to gel a TIN. If you do not have a TIN, apply for one Immediately. To appy for an SSN, get Farm SS -5, Application for a Social Security Card, from your local 600lat Security Administration office or get this farm online at www.ess.gov. You may also get this farm by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form 88-4, Application for Employer Identification Number, to apply for an EIN. You con stepy for an EIN online by accessing the IRS website at www,lr afrov/buslnesses and clicking on Employer Identificatlon Number (EIN) End at Staging a Hcoinage. You can got Forms W-7 and SS -4 from the IRS by visiting IRS,gov or by calling 1.800 - TAX -FORM (1000.829-3676). It you are asked to complete Form W-9 but do not have aTIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and dale the form, and give It to the requester. For Interest and dividend payments, and certain payments made with respect to readily laudable instruments, generally you will have SO days to got a TIN and give it to the requester before you are subject to backup withholding on payments. The 80 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note, Entering "Applied For' means that you have already applied fora TIN or that you Inland to apply for one soon. Caution: Adisregarded US, amity that has a foreign owner must use the appropriate Form W-8. Part II. Certification To establish to the withholding agent that you are a U.S, person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or 5 below Indicate athonvise. For ajolnt account, only the person whose TIN Is shown In Part I should stint (when required), in the case of a disregarded entity, the person Identified on the "Name" line must sign. Exempt payees, see Ekemptpsyee code earlier. Signature requirements. Complete the cerUfcatlon as Indicated In Items i through 6 below. 1. Interest; dividend, and barter excite ago accounts opened before 1984 end broker accounts considered active during 1983. You must give your correct TIN, but you do net have to sign the certification. 2. interest, dividend, broker, and barter exchange accounts opened akar 1083 and broker accounts co tendered Inactive during 1983. You must sign the cedlflostion or backup withholding will apply. if you erg subject to backup wllhholding and you are merely providing your correct TIN to the requester, you must areas out Item 21n the certiflcatfan before signing the form. 3, Real estate transactions. You must sign the codification. You may cross out Item 2 of the certiflcalion. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. "0ther psymanta" Include payments made In the course of the requester's trade or business for rents, royalties, goods (ether than bills for merchandise), medical and health care services (Including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fisherman, and grace proceeds paid to attorneys (Including payments to corporations). 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tul lon program payments (under septic 629), IRA, Cevardell ESA, Archer MSA or HSA contributions or dislributlens, and pension distributions. You must give your concept TIN, but you do not have to sign tha osmication. 75F-55 ATTACHMENT Form W-9 (Rev. 0-2013) Page 4 What Name and Number To Give file Requester For this type of account: Give name and SSN of 1. Individual The Individual 2.Two or more Individuals point The actual owner of the accoumtor. account) If combinod funds, the That Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minom Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor is also trustee) lb, So-called trust account that is Tho actual owner' not a legal or valid trust under state law 6. Sole proprietorship or disregarded Tile owner' entity owned by an Individual 6. Grantor trust filing under Option[ The grantor' Form 1099 Filing Method 1 (see Regulation section 1.671-4(b)(2)(1)(A)) For this type of account; Give name and EN of: 7, Disregarded entity not owned by an The owner Individual 8. Avalld trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10.A6soafation, club, religlom, The organization charitable, educational, or other tax-exempt organization 11. Partnership or multi -member LLC The partnership 12, A broker or registered Dammed The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Fling Method or the Optional Form 1009 Filing Method 2 (sae Regulation section 1.67'1.4(b)(2)@gl)) List first and circle the name of the person whose number you furnish. It only one parson on a Joint account bass an SSN, that parser's number must be fumunod, aCma, the minors name antl human the minnr'a Sun. °You must show ycurindlvlMul name and you mny also anter your business cr °bort" name ei am "Business namNdaregardeq emIW name line. You may use anew yourSSN or EIN In you have ono), but the IRS encouraged you to use your SSN. List f r amt dela the mamof thahust, estate, or pension trust. (Del tout fumieh the TINof the personal mram m ntive or Trustee unless the legal entity ifi ell b andmigmmed In the ou:ount line.) Also sae apeallunt es for am n slaps on legal. 'Nate. Desoto, him most puneda a Form WJr to lona o mf trust. Note. if no name Is elected when mora than one name Is listed, the number will be considered to be that of the Ilret name listed. Secure Your Tax Records from Identity Theft Identity theft occum when someone uses your personal Information such as your name, social security number (SSN), or other Identifying Information, without your permission, to commit fraud or other crimes, An Identity thief may use your SSN to get a lob or may rile a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer Is protecting your SSN, and • Be careful when choosing a tax proparer. If your tee records ore affected by Identity theft and you resolve a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a last or stolen puma or wallet, questionable credit card activity or credit report, contact fire IRS Identity Theft Hotline at 1.600-908.4490 or submit Form 14039, For more Information, see Publlcation 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing economic harm or a system problem, or are seeking help In resolving tax problems that have not been resolved though normal channels, may be eligible for Taxpayer Advocate Service CTAS) assistance, You can reach TAG by calling the TAS toll-free case Intake line at 1-877-777-4778 or TfY/TDD 1-800-11059. Protect yourself Trani auspicious smalls or flushing schemes, Phisliingethe creation and use of small and websites designed to mimic legitimate business .mails and whistles. The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into surrendering private information that will be used for identity then. The IRS does not Initlat. contacts with taxpayers via emalls. Also, the IRS does not request personal detallad Information through amull or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you resolve an unsolicited email claiming to be from the IRS, forward this message to phlshfDoWni gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1-800-366.4404. You can forward auspicious smalls to the Federal Trade Commission alb spam®Oco.gov or contact them at wornb7c,govlldihafl or 1.877 I DTH EF- (1-077-438A:138). Visit IRG.gov to learn more about identify gtefl and how to reduce your risk ' Privacy Act Notice Section 6169 of the Internal Revenue Cade requires you to provide your cement 'FIN to persons (Including federal agencies) who are required to fie Information returns with the IRS to report Interest, dividends, or certain outer Income paid to you; mortgage interest you paid; the acqulsfllon or sbandonmmnt of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or IISA. The person collecting this form uses the Information on the fan to file Infnrmmtion returns with the IRS, reporting the above information. Routine uses of this Information Include giving It to the Department of Justice for civil and criminal litigation and to cities, stales, the District of Columbia, and U.S. commonwealths and possessions for use In administering their lavrs, The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat tenoram. You must provide your TIN whether or not you are required to ilio a tax return. Undor section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 75F-56 m rg ® O 0 0 r - 'J V Y d M O O Y rl o R •y O G namaeenmim9EWYlYYY�&YY J ei N 75F-57 W Q N � N � ;S W [L N(n fG 1 Na Vk�1Y OTa J c `v V Iz ° Q v O 14L N 0) C c{ U O r0 m OHM III, 75F-58 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 1302 W. 11th STREET (APN 004-111- 22) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75F-59 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR') § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 1302 W. 11th Street (APN 004-111-22), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 3A of the Bristol Street Widening Project ('Project'). The location of the Project is between Civic Center Drive and Washington Avenue for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75F-60 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: J M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75F-61 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75F-62 EXHIBIT A LEGAL DESCRIPTION All that certain real property situated in the County of Orange, State of California, described as follows; Lot 1,8 ofTr_sct No. 1290, in the City of Santa Ana, County of Orange, State of California, as per inap recorded in Eok 39 vane 39 of Miscellaneous- maps, in the Office of the County Recorder of said County. APN: 004-111-22 75F-63 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 E- 'J31y" —F Resolution No. 2017 -XXX Page 6 of 6 . ..... .... 75F-64 G, %�� }\����\)� .� �\ F Resolution No. 2017 -XXX Page 6 of 6 . ..... .... 75F-64 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 1027 NORTH BRISTOL STREET (PROJECT NO. 136792) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) h CITY VANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2n° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1027 North Bristol Street (APN 405-274-09) declaring the public necessity and interest therefore. Bristol Street is a north -south transportation corridor, which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 3A, bounded by Civic Center Drive and Washington Avenue. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 3A, acquisition of the parcel at 1027 North Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on February 3, 2017, in the amount of $631,560 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75G-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 1027 N. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 3A, which lies between Civic Center Drive and Washington Avenue, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $631,560 are appropriated in the Bristol Street Improvements Project (No. 136792), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. APPROVED AS TO FUNDS & ACCOUNTS: Fr Mousavipour Francisco Gutierrez Executive Director Executive Director Public Works Agency Finance & Management Services Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity 75G-2 / AI i NITS 7 MATCHLINE SEE BELOW RIGHT 10TH STREET 9TH STREET LEGEND: 405-22-23 405-262-22 1-- W u u U~7 J Q cr F u 5 m a a z IIL.iLCl- PIrpFFBTILIi A C<75[4iGR PROPIvx, SANTAANA CITY UNCIL ..F�AGENDA ,01 PUBLIC WORK& AGENCY CIVIC CENTER DR. WASHINGTON AVENUE aaP41i* cL 40 121TH STREET EXHIBIT 1 cr cr la 4105-292-33 4105-262-32 MATCHLINE SEE TOP LEFT RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACOUISITION OF REAL 'ERTY AT 1027 NORTH BRISTOL STREET JECT N0.13-6792 NONGENERAL FUND) (Strategic Plan No. 6, 10; and 3, 2CI 75G-3 PAGE 1OF1 City of Santa Ana RECEIPT OF OFFER PACKAGE Bristol Street Improvement Project -Civic Center Drive to Washington Avenue Parcel File No. 405-274-09 Owner(s) of Record: Additional Owner (s) of Record: Property Address: Euler R. Ferrer and Yolanda G. Ferrer, as members for E.R. Ferrer, LLC N/A 1027 North Bristol Street This is to acknowledge receipt of the offer package containing the following items: • Preliminary Report Issued by Title Company (Attachment 1) • Property Legal Description (Attachment 2) • Statement of Just Compensation (Attachment 3) • Improvements Pertaining to the Realty (IPR) List (Attachment 4) • Summary Explanation Statement (Attachment 5) • City of Santa Ana Handbook on Acquisition (Attachment 6) • Your Rights Under Title VI (Attachment 7) • W-9 Form (Attachment 8) Euler R. Ferrer Yolanda G. Ferrer EXHIBIT 2 Date Date SANTA ANA CITY COUNCIL Miguel A, Pulldo Michele Mnrtlnez Vicente Sarmiento Jose solorlo P. David Benavldea Juan Villages Sal Ting.ro Mayor Mayor Pro Tem. Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 moulldo(ol5anta-ana.orq mimariinez(olsanta an.mq vaarmiento(olsanta-ana.ora y5y ta-an rq dbenavides(o)aania-ana.ora 0ra siinaiero(U7santaa_n MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villages February 3, 2017 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 714-647-6900 www Santa-ana.oro Euler R. Ferrer and Yolanda G. Ferrer 1027 North Bristol Street Santa Ana, CA 92703 SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AT: 1027 North Bristol Street, Santa Ana, CA 92703 APN: 405-274-09 Dear Euler R. Ferrer and Yolanda G. Ferrer: ACTING CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar Via certified mail The City of Santa Ana ("City") is proceeding with its plans to construct Phase IIIA of the Bristol Street Improvement Project between Civic Center Drive and Washington Avenue. The City obtained a preliminary title report that lists Euler R. Ferrer and Yolanda G. Ferrer, as members for E.R. Ferrer, LLC, as the vested owner, Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property". No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers you $590,000 for the real estate and $41,560 for Improvements Pertaining to Realty (IPR) for a total compensation of $631,560. The basis for this offer is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. SANTA ANA CITY COUNCIL Miguel A. Pulldo Michele Martinez Vicente Sarmlento Jose solorio P. David Benavides Juan Villages Sal trader. Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 6 noulldoAdant...no.cmm[, arth.. ieant,i ora vsarmienlo03santa-ana.gir 'solorloClgig@t a-ana.orq db 75G-5 'd a 1 - 'villegaard)santa-ana.orq done r.,ld.dnta-an. o If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The California Relocation Assistance and Real Property Acquisition Guidelines provide that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 4. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Per our records you have requested the $5,000 amount for preparation of the appraisal report for your property. Please let us know prior to March 3, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call the City's acquisition consultant, Hernando Avilez, from Overland, Pacific & Cutler, Inc. at (949) 951-5263. Sincerely, Jason Gabriel Principal Civil Engineer 75G-6 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: All that certain real property situated in the County of Orange, State of California, described as follows: Lot 25 of Tract No. 923, in the City of Santa Ana, County of Orange, State of California, as per Map recorded in Book 29. Page 14 of Miscellaneous Maps, in the office of the County Recorder of said County. Excepting the Westerly 20 feet. Assessor's Parcel Number: 405-274-09 75G-7 ATTACHMENT 3 STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Euler R. Ferrer and Yolanda G. Ferrer, as members for E.R. Ferrer, LLC The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary") required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b). The appraisal on which this summary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. The property is being appraised for the possible full acquisition by the City of Santa Ana to assist in negotiations with the property owner for the possible full acquisition of the subject property as a part of the Bristol Street Widening Improvement Project. 75G-8 DESCRIPTION OF THE SUBJECT PROPERTY Ownership: Location: Assessor's Parcel No.: Date of Value: Property Rights Appraised Site Area: ATTACHMENT Euler R. Ferrer and Yolanda G. Ferrer, as members for E.R. Ferrer, LLC 1027 North Bristol Street, Santa Ana, California, 92703 405-274-09 December 2, 2016 Fee simple Approximately 6,848 square feet, or 0.16 acre, according to public records. Zoning: According to the City, the larger parcel is zoned O (Park), within the Bristol Street Corridor Specific Plan designated by the City of Santa Ana. The purpose of the O District is to provide for permanent open spaces in the city. Present Use: Highest and Best Use (As Vacant): Highest and Best Use (As Improved): Commercial Retail development Continue the existing use Improvements: According to information obtained from public records and verified by physical measurements of the building, the building has a gross building area of ±1,311 square feet. It was originally constructed in 1941. Description of Acquisition: A full acquisition is proposed 75G-9 ATTACHMENT SALES COMPARISON APPROACH The estimated fair market value of the subject property is based on improved sales data for other properties with essentially the same utility and amenities. The subject property is located on a primary arterial street and the property benefits from good access and visibility. To analyze the value of the subject property, a search was conducted of the market area for similar improved office building sales. Very few transactions were found in Santa Ana. The search was expanded to surrounding areas and included small office buildings that sold throughout Orange County since January 2015, built before 1990 and between 1,000 and 10,000 square feet in size. Of the comparables discovered, the six most similar properties were chosen for comparison. The comparables reflect selling prices ranging from $385,000 to $1,175,000, which is approximately $302 to $472 per square foot of building area, or approximately $52 to $161 per square foot of land area. Office buildings of this size are primarily purchased for owner -occupancy whereby the fee simple interest is conveyed. The primary approach used in this market by owner -users is the sales comparison approach. As such, the sales comparison approach is developed to provide an indication of the fee simple market value. The comparable sales are analyzed using the price per square method, which is the typical basis used by buyers in this market. This unit of measure provides a reliable basis of comparison for the assignment. As a check to the reasonableness of the conclusion price per square foot of land area is also reviewed. Adjustments are considered for transactional differences as well as for physical differences between the subject property and comparables. Included on the following page is a Comparable Improved Sales Summary. 75G-10 ATTACHMENT 75G-11 COMPARABLE IMPROVED SALES SUMMARY Location COE Date Bldg Size SP Year Built Sales Rice APN Doc No. Land Area SF Site Cov. Rice PSF/Bldg Comments Rice PSF/Lend SUB.ECT PROPERTY 1027 N. Bristol Street WApp 1,311 1941 WApp The sabject property is utilized ase dental Santa Ana, CA92703 WApp 6,848 19% NlApp office. Located mid-biockon Bristol 3., with good viability. ADT= approx. 35,000 cpd 405-274-09 Comparable No. 1 310 S Main Greet 7/14/2016 2,120 1917 $640,000 Sngletenant commercial building used ase Santa Ana, CA 92701 321338 6,025 35% $301,89 bakery for the last 60 years The broker repartee 398-288-08 $10622 naw roof, awning, exterior paint and air conditioning unit. Grantor Barbara Lynne Or and George Rabert Mebeck, at al. Grantee', 3641 Le SageFbal Estate Partners LLC Comparable No. 2 1517 Bath Street 7/23/2015 1,200 1924 $385,000 lam ofFlcehuiiding located nearthe Federal Santa Ana, CA 92701 382743 7,405 16% $320.83 Court Building, Averageacceselmsbllityona $51.99 secondaryorest. Thebroker reponsthat the 398-392-19 propertylsin averageminuscondition, and in Grantor: Atzeff Koche need of updating. Grantee: Kamer 4, LLC Comparable No. 3 1502 NMan Bract ACTIVE 1,767 1919 $586,123 Cider SR converted for office use Good Santa Ana, CA 92701 WA 7,733 23% $331.71 acces9visbilityonanarterialstreet, Rlorsdein May 2013 for $449,000, or $254/g. 005-153-12 $75.80 Grantor: Luk Family Trus Grantee: WA Comparable No. 4 924 E. Chapman Avenue 9/29/2016 2,224 1921 $1,050,000 Converted S -R used for an office. Good Orange, CA92866 47422 6,534 34% $472.12 access(Asbi lity on an arterial street, 390451-02 $160.70 Grantor: Coast Snorer League, Inc. Grant ea D.23 LLC Comparable No. 5 7891 Westminster Boulevard 9/13/2016 2,586 1956 $1,175,000 SRconverted for office use. Average Westminster, CA92683 435061 13,876 19% $454.37 acceslAsbllltyon an arterial street. 096-325-03 and -24 $84.68 Grantor Richard Long The Nguyen Grantee'. LDHT Family Properties 75G-11 ATTACHMENT Conclusion After adjustments for market conditions, the comparables establish a fair market value range for the subject property between $309 and $479 per square foot as shown in the following table. Comparable Nos. 1, 2 and 3 are rated inferior, while Comparable Nos. 4 and 5 are rated superior. Based on the subject property's size, location and condition, a value above $348 per square foot but below $461 per square foot is indicated for the subject property. A fair market value of $450 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of December 2, 2016, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 1,311 SF X $450 PSF = $589,950 ROUNDED 75G-12 $590,000 Indicated Values Comparable Overall Indicated $/SF No. Comparability 4 Superior $479 5 Superior $461 Subject $450 2 Inferior $348 3 Inferior $315 1 Inferior $309 A fair market value of $450 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of December 2, 2016, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 1,311 SF X $450 PSF = $589,950 ROUNDED 75G-12 $590,000 ATTACHMENT 3 INCOME APPROACH The subject property is an owner -occupied, commercial building utilized as a dental office. As such, the fee simple value is analyzed using market rent and expenses. Market Rent Analvsis A survey of Santa Ana and the surrounding cities for recently executed leases and asking rents for office space ranging from 656 to 3,279 square feet in size is used in the analysis. The important factors considered during selection of the comparables include location, building area, visibility and access. The search focused on properties with arterial street visibility, but data for such properties was found to be somewhat limited; however, sufficient data was available to estimate a market rental rate for the subject property. The survey properties indicate that rents are written on a triple -net, modified gross, and full service gross basis. For valuation purposes, a triple -net basis will be utilized. For triple -net leases, the tenants pay operating expenses such as property taxes, insurance, tenant utilities and janitorial, common area maintenance and utilities, building repairs and maintenance, security, parking and sometimes management (or a portion of management). These expenses are normally recouped by the landlord in the form of an expense reimbursement charge. The landlord is still responsible for non -reimbursed management (collecting the check and watching over the property) miscellaneous expenses such as those incurred between tenancy, accounting, legal, miscellaneous and replacement of short-lived items such as the roof, air-conditioning units and exterior walls, if applicable. Based on the review of the rental data and after consideration for differing property characteristics, it is concluded that a rental rate of $1.80 per square foot per month, triple -net, for the subject property is reasonable for the analysis and is used in the direct capitalization analysis. The estimated market income for the subject property is calculated in the following table: CONCLUDED MARKET RENT Building Market Rent/SF Mo. Market Rent/Mo. Annual Market Size Rent 1,311 SF $1.80 $2,360 $28,318 75G-13 ATTACHMENT Vacancy and Collection Loss Small office buildings are most frequently purchased for owner -occupancy and are analyzed using the sales comparison approach, with values calculated assuming no vacancy or collection loss. However, from the perspective of an investor, a stabilized vacancy and collection loss within the historical range is usually applied, assuming a five- to 10 -year holding period. An estimated stabilized vacancy and collection loss of 3% is considered appropriate for the direct capitalization analysis. Expense Analysis The subject property is an owner -user office building. Typically, leases for similar buildings in this market are written on a triple -net lease basis, where the tenant is responsible for operating expenses for the property including: taxes, insurance, utilities, common area maintenance, building repairs and maintenance. The owner is responsible for management, miscellaneous expenses, and administrative costs. The capital value analysis has been analyzed on a typical triple -net basis. Overall Capitalization Rate A review of sales and listings of office properties found that reported OARs reflect rates from 4.00% to 5.00%. These sales are considered the best evidence of an appropriate capitalization rate for the subject property. 75G-14 DIRECT CAPITALIZATION ANALYSIS Office Building 1027 N. Bristol Street Santa Ana, California INCOME: UVIIIr.01:IIfiMIUM3 Rental Income Annual Market Rental Monthly Rental Income Income $1.80 PSF x 12 Months $28,318 Total Leaseable Area 1,311 SF Total Potential Gross Income $28,318 Vacancy 3% Effective Gross Income $27,468 REIMBURSABLE EXPENSES: $/SF Management 2.0% ($0.42) ($549) Reserves 0.10 131 Total Reimbursable Expenses ($0.52) ($680) $680 Net Operating Income Capitalization Rate Indicated Value at Market Rent ROUNDED "Difference may be due to rounding. Income Approach Conclusion $26,788 4.75% $563,950 $564,000 The direct capitalization analysis and resulting indication of market value via the income approach is shown on the following page. The indicated fair market value, as of December 2, 2016, is as follows: INDICATED VALUE - INCOME APPROACH $564,000 75G-15 ATTACHMENT CONCLUSION OF VALUE The approaches most often relied on by buyers of this type of property have been developed. Thus, the sales comparison approach is developed as the primary value indicator. The cost and income approaches are rarely considered by buyers in this market and are less reliable than the sales comparison approach as the typical buyer of the subject property would be an owner -occupant. There are limited investor sales with reported overall capitalization rate data in this building market segment and data for signed leases is of limited quantity and quality. The income approach has been developed, but is given less weight in the final conclusion of value. The cost approach is rarely used by buyers in this market and does not tend to produce reliable valuation results; the cost approach has not been developed. APPRAISAL CONCLUSION Considering the data and analyses presented, the opinion has been formed that as of December 2, 2016, the fair market value of the subject property is: INDICATED VALUE Sales Comparison Approach $590,000 Income Approach $564,000 Reconciled Value (Rounded) $590,000 75G-16 ATTACHMENT CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have previously appraised the subject property in our File No. 15-5328, dated December 7, 2015. 4. We have performed no services, as appraisers or in any other capacity, regarding the property that is the subject of this report within the past three-year period immediately preceding acceptance of this assignment. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment. 6. Our engagement in this assignment was not contingent upon the developing or reporting predetermined results. 7. Our compensation is not contingent on the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9. Stephanie Kavanaugh has made a personal inspection of the property that is the subject of this report. Elizabeth M. Kiley has not made an inspection of the subject property, but has fully participated in the analyses, opinions and conclusions concerning real estate contained in this report and fully concurs with the conclusions expressed herein. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The reported analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, Elizabeth M. Kiley has completed the continuing education program for Designated Members of the Appraisal Institute. tV Elizabeth M. Kiley, Al, AI-GRS Stephanie L. Kavanaugh Certified General Real Estate Appraiser Certified General Real Estate Certificate No. AG005391 Certificate No. AG030565 Expiration Date: April 13, 2018 Expiration Date: April 12, 2017 75G-17 ATTACHMENT APN: 405-274-09 Page 2 SUMMARY STATEMENT ACCOMPANYING OFFER RELATING TO ACQUISITION PROCEDURES FOR PURCHASE OF REAL PROPERTY OR AN INTEREST THEREIN You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are not being conveyed unless other disposition of these improvements has been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for 75G-18 ATTACHMENT APN: 405-274-09 Page 2 doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 5. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75G-19 ATTACHMENT CITY OF SANTA ANA TITLE VI INFORMATION PACKAGE The project proposed by the agency listed above will be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents: • Title VI Booklet • Title VI of the 1964 Civil Rights Act and Related Statutes • Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope • Right of Way Title VI Discrimination Complaint Form • The U.S. Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title VI Survey form be completed and returned in the self- addressed stamped envelope. If you read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principal Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 P.O. Box 1988 M-36 Santa Ana, CA 92702 © 1980-2012 Overland, Pacific & Cutler, Inc. (Nov -12) 75G-20 El I 0 rh O 45 " r�i rc�d iR Gr Ti Jo s Isa 43 Axa � 4:1 .21 O 45 kt " r�i rc�d C Ti Jo s 43 Axa � 4:1 kt r�i rc�d 43 o a .21 L c pe E kt ATTACHMENT TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 of NONDISCRINIINATION STATUTES Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,. 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WI-IETBER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacement ... (to maintain)... the economic and social well-being of communities; and... to establish a lead agency and allow for State certification and implementation." (UPDATED TEE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75G-23 ATTACHMENT 6 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page2cf2 • The Americans with Disabilities Act, P.L. 101.336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) • The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law." • Title Vlll of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(1) It shall be unlawful... to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRINIINATION N THE SALE OR RENTAL OF HOUSING — HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C, 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. • Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No, FHWA-HCR-06-006 75G-24 TITLE VI SURVEY ATTACHMENT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an Identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State hansportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male _Female Age: _ Under 40 _ 41-65 Over 65 Race/Ethnicity: _ White _ American Tribe Black Pacific Islander Hispanic _ Other _ Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering any physical disability or medical condition?— Yes —No Are you a low-income family? Enclosure _ Yes —No 75G-25 ATTACHMENT 6 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.I. 93.579) and the Information Practices Act of 1977 (CMI Code Sections 1798, at seq.), nonce Is hereby given for the request of Personal Information by this form. The requested personal Information Is voluntary. The principal purpose of the voluntary Information Is to facilitate the processing crime form. The failure to provide all or any pen of the requested information may delay processing of this forte. No disclosure of personal Information will be made unless permissible under Article 6, Section 1788.24 of the IPA of 1977, Each Individual has the fight upon request and proper identireation, to Inspect all personal information In any record maintained on the Indlddual by an identifying padlcular. Direct any Inquiries on Information maintenance to your IPA Of oo. Dist Co Rte Post BASIS OR DISCRIMINATION ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low -Income ❑ Non-English Speaker Provide date(s) and place of alleged discrimination Describe the nature of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Known) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible witnesses whom the complainant believes can provide factual information about this allegation by 75G-26 ATTACHIMENT 6 �v`Fcn�,e€' dale �-`le Zrseal' ttu�axt��y.� �x�,�te ,�rao�rcuxi�r�uviaal"s. 6jdl� ��nueer,.I' lt�u�!' l{wps�ee�.�' 6,� C,ue,IGt,h`at A! CEO' dl`, -m >gF Tia c: ZY -4M TIq Wr i. G�iiltlS�`1il�tt��t5€iSI}: �l�sr�� i��1�i�lfil� ids � Ylotka 1 kohlzsu ya you gin Oatrongaa' roariuitai patligttiagnu' kumerilos Cl amorrp OzriaaUo o"kj kva dna id ako &tutu-, ih gowrilo, hrvatski le7il . ZrAkrwRe tutu koloaku, pokud �wte a hovoiibe pesky. [Gres d'It vokje aan As a Noderla,ids kuaC lezen of spreken. Mork this box if you raid or speak Evglishr .4)j,U.' o- w b j i 444—A 4 Lop -A j l 75G-27 2.Ari-ne Ian 4, Cambodian 6, Chamorro 6. Simplified Chinese 7.Traditional Chinese 10. Dutch 11. 5nglish ATTACHMENT 6 ❑ Cocher ici si vous lisez on parlez le fran�ais. Kreuzen Sie dieses Knstchen an, wenn Sic Deutsch lesen oder sprechen. 1114 d3ar£ auro TO r[Xaivto av &Op&�ETE tj [-LA&TE EXXgVtKa, Make kazye sa a si on li oswa on pale kreybl ayisyen, 2817 377 t--�t q)� ZIT U7 P�Otl ift T i�ff off W f* —rqm' I ❑ Kos lub voj no yog koj paub twm thiab hais Ins Hmoob. ❑ Jelblje meg ezt a kock5t, ha megerti vagy beszeli a magyar nyelvet. Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. ❑ Marchi questa casella se legge o parla italiano, ❑B2r..U,krcLJ,a�tt�vfroaol ��I�Ep 471JZ«sc1�o ❑ Zmuu u2�2e�u ��v ue unU�nw a aao. Prosimy o zaznaczenie tego kwadratu, jezeli posh3ggie sib Pan/Pani j�zykiem polskim. 3-3399 U.S. DEPARTMENT OF COMMEW t b (� _� �( Eeonomlcs n,d Sia 1.11. Ad.WW.ion v V U.S.CENSUS BUREAU 13. French 14. German 15. Greek 16, Haitian Creole ®CihTn 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22.Japanese 23. Korean 24. Laotian 25. Polish ATTACHMENT ❑ Assinale este quadrado se voce 16 ou fala portugues. ❑ 3nsemnali aceasta casula data citili sau vorbili romangte. IIoMeTbTe sTOT xBagpaTntc, ecma Bvt gxTaeTe xnFr rosopxTe no-pycctcx. ❑ O6enexcxTe ouaj KBagpaTMh yl<ortxxo YxTaTe xnx roeopxTe cpncxx jeaxK. ❑ Oznacte tento "stvorhek, ak viete citat'alebo hovorifpo slovensky. ❑ Marque esta casilla si lee o habla espaiiol. ® Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. ❑ `1Lin'11Fl7t]JLI1Jlflaslu�lo.t€iTv��uo�uu'rotynn�uT'1v�u. Maaka'i he puha ni kapau 'oku ke lau pe lea fakatonga. ❑ BigMiTbTe Oto KniTHBKY, »Kilo an gwraure a6o roeopnTe yKpaixcbKoto MOBOKI. ❑ —l1» �l')Vlf„�Ict.J'Is'�'C.�'��i»�I�.,11 ❑ Xin danh dau vao 6 nay neu quy vi biet doe va n6i dtfgc Vi6t Ngrt. ❑ vj>rx uYvn jvrx ow»5 rx nix 5oovp ov1 o»>>yx:i 75G-29 F onomlcs and U,S. CENSUS BUREAU 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33. Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish ATTACHMENT Focnw-91 Request for Taxpayer "Iva Fern, to the (Rev, August 2013) identification Number and Certification requester. Do not Send to the IRS. Copanment of Iho Treasury Intenlal Revenue Service Name (am shown on your Income tax return) business name/disregarded entity name, if different from gbove , C4 v °- Check approprinfe box for federal lax classifications Exemptions (sea Instructions): oi] i] Indidual/sola proprietor C Corporation i] S Corporation El Partnership ❑ TrusVestate etc 0 P=Partnershi Exempt payee cads Of any) from FATCA `o imped liability company, Enter the tax classification corporation, corporation, F1 Lp)> Exemption reporting code (if any) a e ❑ Other (see Instructions) ► Address (number, street, and apt, or supe no.) Requester's name and address (options)) d a City, state, and 21P code d N List account number(a) here (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on the "Name•' 11171 I:,°°t=' °�°°•r •,u,,,�^ re avoid backup le pr, withholding. torr individuals, this is your social security number n peg However, fora _ m _ resident ellen, sole proprietor, or disregarded entity, see the Part I instructions on pages For other entitles, it Is your employer Identification number (EIN). If you dr not have a number, see Now to gets FM TIN on page 3. Note. firm account In In more than one name, see the chart on page 4 for guidelines on whose E-mpl�oy7�r ldenHgcanon number number to enter. I I- i I _ F -1—F1 I -F-1 ' der penalties of perjury, I certify that: The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a LIS, citizen or other U.S, person (defined below), and 4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured properly, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. Sea the Instructions on page 3. orgil Signature of Herm I U.S. person DateP General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future dovelopments. The IRS has created a page on IRS,goV forinformagon about For, W-9, at www.lrs.gov/w9, Infonnatlon about any future developments affecting Form W-9 (such as legislation enacted ager we release it) will be posted on that page. Purpose of Farm A person who Is required to To an Information return with the IRS must obtain your correct taxpayer fdenilgcation number (TIN) to report, for example, income paid to you, payments made to you In settlement of payment card and third party network transactions, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to on IRA. Use Form W-9 only If yet] and a U.S. person (including a resident allen), to provide you correct 1'IN to the person requesting It (the requester) and, when applicable, to: 1, Certify that the TIN you are giving Is correct (or you aro waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any pannarehlp Income from a U.S. trade or business Is not subject to the withholding lax on foreign partnars'sham of effectively connected Income, end 4. Certify that FATCA module) entered on this form (if any) Indicating that you we exempt from the FATCA reporting, is correct. Note. It you are a U.s person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If it is substantially similar to this Form W-9. Definition of a U,S. person. For federal tax purposes, you are considered a U.S. person If you are: r An Individual who To a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, r An estate (other than a foreign estate), or .,A domestic trust (as defined In Regulations sectlon 301.7701-7). Special roles for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business. Further, in certain oases where a Form W-9 has not been received, the rules unear section 1440 require a partnership to presume that a partner Is a foreign parson, and pay the section 1446 withholding tax. Therefore, If you are a U.S. person that Is a partner In a partnership conducting a trade or business In the Untied Slates, provide Form W-9 to the parmorahlp to establish your U.S, statue and avoid section 1446 withholding on your share of partnership Income. Cat. No, 10231X 75G-30 (Rev. B-2013) ATTACHMENT Form W-9 (Rev. 8-2013) Page,2 In the caws below, the following person must give Form W-9 to the parmershlp for purposes of establishing its U.S. status and avoiding withholding on Its allocable share of net Income from the partnership conducting atrade or business In the United States: - In the case of a disregarded entity with a U.S. owner, the U.S. ownwof the disregarded entity and not the entity, - In the case of a grantor trust with a US. grantor cr other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust, and - In the case of a Us, trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneflciartas of the trust. Foreign person. Ifyyou area foreign person or the U.S, branch of a foreign bank that has elected to be treated no a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Farm 8233 (see Puhlicatlon 516, Wlthhoiding of Tax on Nonresident Aliens and Foreign Entitles), Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax en certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for contain typos of Income even after the payee has otherwise become a ITS. resident alien for tax purposes. If you aro a US. resident alien who Is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of Income, you must attach astalemant to ran W-9 that Specifies the following five items: 1. The treaty country. Generally, this must be the some treaty under which you claimed exemption from lax as a nonresident alien. 2. The treaty article addressing the Income. 3. The article number (or location) In the tax treaty that contains life saving clause and Its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 6, Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China Income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily present in the United States, Under U.S. law, this student will become a resident alien for " e, ..... ...... ...... Howeverver,paragraph 2ofthe first Protocol tothe uet apply (datedn 30, Chine allows the provisions of Articleresident 20 to continue to aSPty even after the Chinese student becomes isexception a on (under anon g the United Stakes. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from taxon his t I her scholarship In fellowship income would attach to Form t ex a exemption. ant that Includes the Information dascrihed above to support that axempi(on. if you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. What Is backup withholding? Persons making certain payments to you must under certain no ndbionswilhhold and pay to the IRS a percentage of such ppaymunts, This Is called "backup withholding." payments that may be subject to bockup withholding Include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain paymenbackup is from lfiishing boat Operators. Real estate transactions are not subject to akup You will not be subject to baclop wllhhaldlno on payments you receive if you give the requester your correct TIN, make the proper caniflcahans, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your T114 when required (see the Part II Instructions on page 3 for details), S. The IRS tells the requester that you furnished an incorrect TIN, 4, The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends Only), or 6, You do not certifyy to the requester that you are not subject to backup withholding under 4 ahova (for reportable Interest and dividend accounts opened atter 1963 only). Certaln payees and payments are exempt from backup withholding. See Exempt W9 e more Information. page 3 and the separate Instructions for the Requester at Form Also see Speclal rules forpartnerships on page 1. What is FATCA repol *the Foreign Account Tax CompllanceAct (FATCA] requires a participating foreign Ilne takd institutlon to report all United States account holders that are specified United States persons. Certain payees or. exempt from FATCA reporting. See Exemplfon from FATCA reporting code on page 3 and f idins W ctlons for the Requester of Form W-9 for more Information. Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate recelving reportable payments In the future tram this person. For example, you may need to provide updated Information If you are a C corporation that stools to be an S corporation, or if you no longor are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies. Penalties failure to furnish TIN, If you fall to furnish your correct TIN to a requester, you are subject to a penally of $50 for each such failure unless your (allure Is due to reasonable Cause and not to willful neglect, elvil penally for false Information with respect to with hold Ing. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penally. Criminal pentity for folclfying Information. Willfully falsifying certifications or Vital alone may subject you to criminal penalties including fines and/or Imprisonment. Misuse of TIN.. If the requester discloses or uses nNo In violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your Income lax return, However, If you have changed your last name, for Instance, due to marriage without informing the Social Security Administration of the name change, ender your first name, the last name shown on your social security card, and your new last name. If the account Is in joint names, list first, and then circle, the arm of the person or entity whose number you entered In part I of the form. Sole proprietor. Enter your Individual name as shown on your income lax return an the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the "Business nems/disregarded entity name" line. padnershlp, C Corporation, or S Corporation. Enter the entity's man on the "Name" line and any business, Vada, or "doing business as (DBA) name" on the "Business name/disragarded entity name" line. Disregarded entity. For U.S. fedora] tax purposes, an entity that Is disregarded as an entity separate from Its owner Is treated as a "disregarded entity." See Regulatloa section 501.7701-2(0)(2)(111). Enter the owner's name on the "Name" line. The name of the entity entered on the "Noma" Ilne should never be a disregarded entity. The name on the "Nene" line must be the name shown on the income tax return on which the Income should be reported. For example, If a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S, person, the U.S, owner's name Is required to be wavided on the "Name" line, If the direct owner of the entity Is also a disregarded line. If the owner of the disregarded entity Is a foreign person, the owner must .ue,e a" venrnn.lnro Corm WA Instead of a Form W-9. This is the case oven If the foreign parson has a U.S. TIN. Note. Checkthe appropriate box for the U.S. federal tax classification of the person whose name Is entered on the "Name" line (Indlvtdu draole proprietor, Partnemhip, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person Identified on the "Nanta" line Is an LLC, check the "Umited liability company" box only and enter the appropriate code for the U.S. federal tax clasafkcstion In the space provided. If you are an 110 the is treated as a partnership for U.S. federal tax purposes, enter "P" for partnership. If you are an LLC that has filed a Form BB02 or a Form 2663 to be laxed as a corporation, enter "C" for C corporation or"S" for S corporation, as appropriate. ff you are an LLC that Is disregarded as an art eaparate from Its owner under Regulation section 501.7701-5 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be Identified on the "Name" line) is another LLC that Is not disregarded for U.S. federal tax purposes, if the LLC Is disregarded as an entity separate from Its evmer, enter the appropriate lax oloss(ficatlon of the owner Wortgied an the "Name" line. Other entitles. Enter your business name as shown on required U.S, federal tax documents on the "Name" line, This name should match the name shown on the charter or other legal document creating the entity. You may.enter any business, trade, or OBA name on the "Business name/disregarded entity namo" in e. Exemptions If you are exempt from backup Withholding and/or FATCA reporting, enter In the Exempflons box, any codes) that may apply to you, See Exempt payee code and Exemption from FATCA reporting code on page 3. 75G-31 W-g(Rev. 8-2013) Exempt payee code. Generally, individuals (including sole proprietors) ars not exempt tram backup wlthholding. Corporations are exempt from backup withholding for certain payments, suoh as Interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card arthird party network transactions. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup wlthholding. The fallowing codas Identify payees that are exempt from backup withholding: 1—An organization exempt from lex under section 601(a), any IRA, or a custodial account under section 40S (b)17) If the account satisfies the requirements of section 401(f)(2) 2—The United States or any of Its agencies or instrumentalltles 3—A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentelflles 4—A foreign government or any of Its political subdivisions, agencies, or Instrumentalities 6—A corporation 6—A dealer in securities or commodities required to register in the United $miss, the District of Columbia. or a possession of the United Slates 7—A futures commission merchant registered with the Commodity Futures Trading Commission S—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1040 10—Acommon trust fund operated by a bank under section 584(a) 11—A financial institution 12—A middleman known In the Investment community as a nominee or custodian 13—A trust exempt from tax under section 604 or described In sectfon 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of nonoovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over$600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 5s Payments made In settlement of Exempt payees 1 through payment card or third party network transactions 1 Soo Form 1009-M ISO, Miscellaneous Income, and Its Instructions. 'However, the following payments made to a corporation and reportable on Form 1099-11,4ISC ore net exempt from hanlmp withholding: medical and health care payments, attomeys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes Identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by extant foreign financial institutions. Therefore, if you are only submitting this form for an account you hold In the United States, you may leave this fiend blank. Consult with the person requesting this torn If you are uncertain if the financial Institution Is subject to these requirements. A—An organizal(en exempt from fax under section 501(a) or any Individual retirement plan as defined in section 7701(a)(37) S—The United States or any of Its connotes or Instrumentalities C—A slate, the District of Columbia, a possession of the United States, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which fs regularly traded on one or more established acoustics makets, as described In Reg, section 1.1472-4(c)(1)(Q E—A corporation that Is a member of the same expanded affiliated group as a corporation descrlbed In Reg. section 1.1472-1(o)(1)Q) F—A dealer In securities, commodities, or derivative financial Instruments (Including notlonal princllean contracts, futures, forwards, and options) that la registered as such underlhe Imus of the United States or any state ATTACHMENT Page 3 G—A mal estate Investment trust H—A regulated Investment company as defined In section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined In section 584 (0) J—A bank as defined in section 681 K—A broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) M—A tax Exempt trust under asection 4030) plan or &action 457(8) plan Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien end you do not have and are not eligible to gel an SSN, your TIN Is your IRS Individual taxpayer Identification number (ITIM. Enter It In the social security number box. If you do not have an [TIN, see How to got a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that Is disregarded as en entity separate from Its owner (see Limited Liability Company (LLC) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's EIN. Nate. See the chart on page 4 for further clarlficatlon of name and TIN combinations. Haw to get a TIN. if you do not have a TIN, apply for one immediately. To apply for an SSN, get Farm SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this forth by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an [TIN, or Form 88-4, Application for Employer IdentlWatlon Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at wwdebs.gov7huslnesses and olloking on Employer NAMEScation Number (EIN) an der Sterling a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 - TAX -FORM 0-600.029-3670). If you ere asked to complete Form W-9 but do not have aTIN, apply for a TIN and write "Applied Far" In the space for the TIN, sign and date the form, and give It to the requester. For Interest and dividend payments, and cortain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject to backup withholding on payments, The e0 -day rule does not apply to other types of payments. You will ba subject to backup withholding on all such payments until you provkle your TIN to the requester. Note. Enlering "Applied Far' means that you have already applied fore TIN or that you Intend to apply for one soon. Caution: Adisregarded U.S. entity that has a foreign owner must use the appropriate Form W-8. Part II, Certification To establish to the withholding agent that you aro a U.S, person, or resident alien, sign Form W-9. You may be requested to sign by the wlthholding agent even if Items 1, 4, or 6 below indicate otherwise, For ajolnt account, only the person whose TIN Is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on the "Name" line roust sign. Exempt payees, use Exemptpeyee code earlier. Signature requirements. Complain the certification as Indicated In Items 1 through S below. 1. Interest, dividend, and barter exchange accounts open ad before 1984 and broker accounts considered as Elva during 1983. You must give your aspect TIN, but you de not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1088 and broker accounts so said a red Inactive during 1983. You must sign the codification or backup withholding will apply. If you are subject to backup wilhholtling and you are merely providing your correct'fIN to the requester, you must cross out Item 2 in the certifluatlan before signing the form. 3. REM estate Irusactions. You must sign the cedl(Ieallon. You may cross out Item 2 of the cedification. 4. Other payments. You must give your correct TIN, but you do not have to sign the cedificalicn unless you have been notified that you have previously given an Incorrect TIN. 'Other payments" Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care sarvlces (including payments to corporations). payments to a nonemployee for services, payments made in settlement of payment card and third party network tmreacttons, payments to certain fishing boat crew members and fish smah, and gross proceeds paid to attorneys (including payments to corporations). S. Mortgage interest paid by you, ecqulsilion or abandonment of secured property, cancellation of richt, qualifled tuition program payments (under section 620), IRA, Covardell ESA, Archer MSA or NSA contributions or distributions, and penal on distribuGana. You most give your consent TIN, but you do not have to sign tha notification. 75G-32 Form W-9 (Rev. What Name and Number To Diver the Requester For this type of account: Give name and SSN of, 1. Individual The individual 2, Two or mora individuals Uolnt The actual owner of the account or, account) If combined fordo, the first Individual on the account' 3, Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings Tho grantor -trustee' trust (grantor Is also trustee) b. So-called trust acooual that is The actual owner' not a logo[ or valid trust under state law S. Sale proprietorship or disregarded The evmer' entity owned by an Individual O. Grantor trust filing under Optimal The grantor' Form 1099 Filing Method 1 (see Regulation section 1.871-4(b)(2)(I)(A)) For this type of account; Give name and EIN of: 1. Disregarded entity not owned by en the owner Individual S. Avalld trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax-exempt organization 11. Partnership or mufti -member LLC The partnership 12. A broker r registered nominee The broker or nominee 18. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or tocai government, school district, or prison) that receives agricultural program payments 14. Grantor trust Fllin9 under the Form Thetrust 1041 FIIIng Method or the Optional Form 1009 Filing Method 2 (see Regulation section 1,071.4(b)(2)(7(12)) ,List liratand cimle the neme.loos person whasenumberyou furnish. it only arra parsunon a left -t acaounl has an SSN, thatperson's numbermual be furnished Cycle the mll rem. and Relish the minor's SSN. °You must shav you-Indlv&ui name and you may also enter your business or °DDA" name on the"Dusineas name/dlsregartlog entity" name line. You may use eitheryaur SSN or RN it you have one), but the IRS encourages you to use your SSN, a tht lint and elmla the nam. of the trust, Valuta, or pension last. (Coast furnish the TIN of the pea.rpl represertidve or tube unless the legal entity Itself Is trot designated In the acaourd line,) Aisu see 3preirfmfes forpartnwshipson page 1. •Nate. Ga mOl 0190 moot IM91de a Form w-9 to taetae 01 trust. Privacy Act Notice Section 0109 of the Internal Revenue Cede the IRS to report Interest, dividends, or can of debt; or contributions you made to an IR reporting the above Information. Routine at of Columbia, and U.S. commonwealths am ATTACHMENT Note. If no name is all when more than one name Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Idontitytheft eecum when someone uses your personal Information such as your name, social security norther (SSKI, or other identifying information, without your permission, to commit fraud or other crimes An Identity thlef may use your SSN to Set a job or may flle a tax return using your SSN to receive a refund. 'to reduce your risk: • Protect your 85N, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax property. If your tax records are affected by Identity theft and you resolve a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or tel If your tax records are not currently affected by Identity theft but you think you are at risk due to a lest or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Mellow of Identity theft who are experiencing economic harm or a system problem, or are seeking help In resolving tax problems that have not been resolved througph normal channels, may be eligible for Taxpayer Advocate Service (FAS) oasis awe. You can reach TAS by calling the TAS tall -free case Intake line at 1-877.777-4773 or TTY/TDD 1-800-829.4059. Pratectyourselt from auspicious emaifs or pnishing schemes. Phishingfsthe creation and use of emall and websites designed to mimic legitimate business smalls and wsbeftes. The most common act Is sending an email to a user falsely claiming to bo an established legitimate enterprise In an attempt to scam the user Into surrendering private Information that Villi be used for Identity theft. Th. IRS does not intima contacts with taxpayers via emaile. Also, the IRS does not request personal detailed intonation through small or ask taxpayers for the PIN numbers, passwords, or similar secret access information far their credit card, bank, or other financial accounts. If you receive an unsolicited small claiming to be from the IRS, forward this message to phlehing®fm gov. You may also report misuse of the IFIG name, logo, or other IRS property to the Treasury Inspector General for Tax Adunislration at 1-800-380-4484, You can forward auspicious emaifs to the Federal Trade Commission at: spam®um gov or conduct them at www.gc.govddfheft or 1,877. IDTHEFr (1-877-438-4338). Visit IRG,govto learn more about identity theft and how to reduce your risk coned TIN to parsons including federal agencies) Who am required to Ills in mortgage interest you paid; the acquisition or abandonment of secured prof Lemon detecting this form uses the Information on the farm to file Informattel giving it to Lha Department of Justice for civil and criminal litigation and to of ilsterrino their laws, The information Rise may he disclosed to other countries federal and state agencies to enforce civil and criminal laws, or to federal law whether or not you are required to Flla a tax return. Under section 3408, pays payments to a payee who does not give a TIN to the payer. Certain penalties 75G-33 m u p- C O 0' w u D V o v r E ry O A c w U C:3 0 O 2 3 u o m .o o � r d. 75G-34 J C N E o m � U v o Q O m N e c ai 1 U 7) Q O Z p C 75G-35 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 1027 N. BRISTOL STREET (APN 405-274-09) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75G-36 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 1027 N. Bristol Street (APN 405-274-09), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 3A of the Bristol Street Widening Project ("Project'). The location of the Project is between Civic Center Drive and Washington Avenue for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75G-37 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: Jcbfi M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75G-38 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75G-39 6/20/17 EXHIBIT "A"` LEGAL DESCRIPTION All that certain real property situated in the County of orange, State of California, described as follows; Lot 24 of Tract No, 923, in the City of Santa Ana, County of Orange, State of California, as per Map recorded in aoI< 29 a L in of Miscellaneous Maps, in the office of the County Recorder of said County, Excepting the Westerly 20 feet, APN; 405-274-09 75G-40 Resolution No. 2017 -XXX Page 5 of 6 e � Resolution No. 2017 -XXX Page ea6 75G-41 75G-42 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2205 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1si Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2205 South Bristol Street (APN 015-194-24) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2205 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on January 30, 2017, in the amount of $435,000 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75H-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2205 S. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $435,000 are appropriated in the Bristol Street Improvements Project (No. 116741) for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017 from the following funds: $366,650 in the Select Street Construction Fund (Account No. 05917660-66100), and $68,350 in the Measure M2 Street Construction Fund (Account No. 03217663-66100). re Mousavipour Executive Director Public Works Agency FM/EWG/JG/ML- Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75H-2 MATCHLINE SEE BELOW RIGHT I I 140&p3p17 j ST GERTRUDE PL 1408-471.01! I i 408b471.17 ' i LEGEND 1016-0044th------i ! Or•N I .. I pGp 1 F 1 - .J �P1fi-19d•P.7f 1 '015 194.25E pff/4- - 015A 9A -$p '015.194-3q ' i i ! WARNER AVENUE -sUBACI PAOIDVTP - EUL� d-OU16710H -lCOWOED PiPaEBLIES � I I I �'-o-r --T---T-- I N -L---Jy'I _ ST ANDREW PL - r..T--r---7 - r CAR PL —7-7- V... !' rr err.. �.... - / w�JJ I I IVL. JAY C1) GLENWOOD PL J O 00 �I af 1 �r--1---j--fi- i CAMDEN PL a �ST ANWE PL I I I EXHIBIT 1 MATCHLINE SEE TOP LEFT SAINTA ANA RESOLUTION DETERMINING PUBLIC CITY COUNCIL INTEREST AND NECESSITY F' �1j AEAL GENDA 2 DATE PROPEFRTY AT 22 5 THE SOUTH BRISTION OF OL STREET Lm�JUNE 20, 2017 (PROJECT NO. 116741 NONGENERAL FUND) P°fi"` WORD" AUKy IStrateglo Plan No. 6, 1G! and 3,2C] 75H-3 PAGE 1 OF 1 City of Santa Ana Bristol Street Improvements -Warner Avenue to Saint Andrew Place Parcel Pile No. 015-194-24 Owner of Record: Victoria Vargas Bastida, a married woman as her sole and separate property Additional Owner(s) of Record: N/A Property Address: 2205 S. Bristol Street, Santa Ana, CA 92704 This is to acknowledge receipt of the offer package containing the following items: Offer letter dated January 30, 2017 which Includes: • Preliminary Report Issued by Title Company (Attachment 1) • Property Legal Description (Attachment 2) • Statement of Just Compensation (Attachment 3) • Summary Explanation Statement (Attachment 4) •City of Santa Ana Handbook on Acquisition (Attachment 5) • Your Rights Under Title VI (Attachment 6) • W-9 Form (Attachment 7) Please return the SIGNED Receipt of Offer Package in the envelope enclosed. Victoria Vargas Bastida, an individual EXHIBIT 2 75H-4 Date MAYOR Miguel A..Pultdo MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David. Benavides Vicente Sarmiento Jose Soloda Sal Tinajero Juan Villages January 30„ 2017 Victoria Vargas Bastida 2848 Augusta Way Santa Ana, CA 92745 CITY OF SANTA ANA 20 Civic Center Plaza . P,o. Box 1988 Santa Ada, California 92702 714-647-5013 www Sanfa•gna.orp SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AT: 2205 S. BRISTOL STREET, SANTA ANA, CA 92704 APN. 015-194.24 Dear Mrs, Bastida, This Offer supersedes all previous Offers to Acquire, ACTING CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Plufzar Via Certified Mail The City of Santa Ana ("City`') is proceeding with its plans to construct Phase 4 of the Bristol Street Improvements Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists Victoria Vargas Bastida, a married woman as her sole and separate property to be the vested owner of the above-mentioned property as shown in Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property". No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title, if more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers to purchase your Property for $435,000.00 The basis for this offer Is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. 75H-5 2205 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please lot us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75H-6 2205 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Jesse Ortiz from Epic Land Solutions, Inc. at (310) 626-4843. Sincerely, Jason Gabriel, Principal Civil Engineer cc: Christopher D. Peterson, Esq. 75H-7 CLIA Preliminary Report Form (Rev. 11/06) T4.2 AM Ertlr1 PrrstAmerican rifle �Y Customer Reference: ATTACHMENT Order Number: OSA-4443270 Page Number: 1 Updated Fire American Title Company 4 First American Way Santa Ana, CA 92797 Order Number: OSA-4443270 (bdaa) Title Officer: Bob Davies / Ashley Aegerter Phone: (714)250-3094 Fax No.: (714)913-6388 E -Mail: octitle2@firstam.com Property, 2205 South Bristol Street Santa Ana, CA PRELIMINARY REPORT In response to the above referenced application for a polldy Of title insurance, this 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or said Policy forms. The printed Exceptions and EX6leslena from the coverage and Limitations on Covered Risks of said policy or policies are set Perth in Exhibit A attached. The policy to be imuedmaycontain an aiNliotion clause. When ilia Amountoflnsurence is less than thatsetforth in the arbitraFion clause, allarbltrable neattersshall be abltrated at the opt/on ofelfher the Companyar the Insuradas the exdusiue remedyorthe parties. Limitations on Covered tusks applicable to the CLTA and ALTA Homeowner's Policies ofTitie Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth In Exhibit A. Copies of the policy forms should be read. They are available from the office which issued this report. Please road the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusions are meant to provide yen with notice of matters which aro not covered under the terms of the title insurance policy an d 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. 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, Fiistknerican Ti'1/e Page i of 13 75H-8 Order Number: OSA-4443270 Page Number; 2 Dated as of August 26, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or Interest at the date hereof is vested in: VICTORIA VARGAS BASTIDA, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein Is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in said policy form would be as follows: 11 General and special taxes and assessments for the fiscal year 2015-2016, a lien rot yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code, 3. An easement shown or dedicated on the Map as referred to in the legal description For: Public utilities and Incidental purposes. 4. Covenants, conditions, restrictions and easements in the document recorded as Book1750, Page 154 of Official Records, which provide that a violation thereof shall not defeat or render Invalid the Ilen of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of Income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Documents) declaring modifications thereof recorded as Book 1762, Page 484 and in Book 4467, Page 433, both of Official Records. First American Title Page 2.. of 13 75H-9 21 0 10. Order Number: 05A-4443270 Page Number: 3 An easement for either or both pole lines, conduits and incidental purposes in the document recorded as Book 1684, Page 516 of Official Records. An easement for either or both pole Imes, conduits and Incidental purposes in the document recorded as Book 1646, Page 155 of Official Records. A deed of trust to secure an original indebtedness of $350,000,00 recorded January 17, 2007 as Instrument No, 07-32417 of Official Records, Dated: January 04, 2007 Trustor: Victoria Vargas Bastida, a married woman as her sole and separate property Trustee: California Reconveyance Company a California Corp Beneficiary: Washington Mutual Bank, FA, a Federal Savings Bank A document recorded August 04, 2009 as Instrument No. 09.417165 of Official Records provides that Quality Loan Service Corporation was substituted as trustee under the deed of trust. According to the public records, the beneficial interest under the deed of trust has been assigned to FEDERAL NATIONAL MORTGAGE ASSOCIATION, ITS SUCCESSORS OR ASSIGNS by various assignments, the last of which was recorded SEPTEMBER 26, 2014 as Instrument No. 14- 391979 of Official Records. Notice of pendency of action recorded January 21, 2011 as Instrument No. 11-39206 of Official Records. Court: Superior Court Of California, County Of Orange Case No.: CA -09.271334 -ED Plaintiff: Victoria Bastida Defendant: Chase; Quality Loan Service Corporation; Et Al. Purpose: The right of possession of real property Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. Rights of parties in possession. rlrstAmericen Title Page 3 of 13 75H-10 order Number: OSA-4443270 Page Number: 4 �- — INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be Included, contact the office that Issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1.. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $1,956.26, PAID Penalty: $0.00 Second Installment: $1,956.26, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P. No.: 015-194-24 2. This report is preparatory to the Issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the Issuance of the policy with CLTA endorsement forms 100 and 116 and If applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence (mown as 2205 South Bristol Street, Santa Ana, CA. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None The map attached, if any, mayor may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this inap Is attached. FirstAmerican rde Page 4 or 13 75H-11 First American Title Order Number: OSA-4443270 Page Number: 5 r°.` rweR,r " First American Title Company 4 First American Way Santa Ana, CA 92707 (714)250-3000 Fax - WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub -Escrow Deposits Orange County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 Banking Services: (877) 600-9473 ABA 122241255 Credit to First American Title Company Account No. 3012500000 Reference Title Order Number 4443270 and Title Officer Bob Davies / Ashley Aegerter Please wire the day before recording. FirstAmerican Title Page 5 of 13 75H-12 Order Number: OSA-4443270 Page Number: 6 LEGAL DESCRIPTION Real properly in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 193 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015-194-24 FlrstAmerican TWe Page 6 of 13 75H-13 �e 3nN3dV 8 Q Q .O 11 a„• U O F O NI O O as sa CJS"O "o O - U m` wo O O tl Kms W n s 0 ¢ 3 4 � C) dna Order Number: OSA-4443270 Page Number: 7 E'b-016 / L Voy NVW -- U3NHtlM — as sa "o 4�� Kms N�U �R2Y ya O 6CLLN 2 O n 9.mNur�i 9s FirsPAmeNcan Title Page 7 of 13 75H-14 i a Fol "o FirsPAmeNcan Title Page 7 of 13 75H-14 i a ATTACHMENT LEGAL DESCRIPTION THE. LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT 193 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S)'16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN:015-194-24 75H-15 ATTACHMENT STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Victoria Vargas Bastida, a married woman as hersofe and separate property The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary") required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b), The appraisal on which this summary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project 'for which the property is to be acquired. 75H-16 The property is being appraised for the possible full acquisition by the City of Santa Ana to assist in negotiations with the property owner for the possible full acquisition of the subject property as a part of the Bristol Street Widening Improvement Project. DESCRIPTION OF THE SUBJECT PROPERTY Ownership: Victoria Vargas Bastida, a married woman as her sole and separate property Location: 2205 South Bristol Street, Santa Ana, California 92704 Assessor's Parcel No.: 015-194-24 Date of Value: November 29, 2016 Property Rights Appraised:Fee simple Site Area: Approximately 6,600 square feet, or 0.15 acre, according to the Assessor's Map Zoning: According to a representative for the City of Santa Ana, prior to 1991, the subject property was zoned for residential use. The improvements appear to be a legal non -conforming (grandfathered) use. The property is being appraised disregarding the project's influence and current zoning. Present Use: Highest and Best Use (As Vacant): Highest and Best Use (As Improved): Residential Residential Use Continue the existing use Improvements: The subject property is improved with a three- bedroom/one bath single-family residence and attached garage, According to information obtained from public records and verified by physical measurements of the building, the building has a gross living area of 1,090 square feet. It was originally constructed in 1951 and is in fair condition. Description of Acquisition: A full acquisition is proposed 75H-17 W" I-IMSCONIMMI The sales comparison approach consists of the search for and an analysis of sales of similar single-family improved properties which are compared to the subject to provide an estimate of the fair market value. Typically, single-family residential homes are purchased based on the location, living area and number of bedrooms and bathrooms. When searching for comparables for the subject property, location, living area, quality, and condition were strong indicators of price. Recent sales of single-family residences within the immediate neighborhood and surrounding neighborhoods were reviewed. Multiple transactions were examined and considered for comparison, The most similar closed sales were selected for the analysis. The improved sales were analyzed and reviewed for the following items of comparison: property rights conveyed, financing terms, conditions of sale, expenditures after purchase, date of sale (market conditions), and physical characteristics of the property including: gross living area, location, year built, bedrooms and bathrooms, room count, quality, condition and garage parking. The following table summarizes the comparable sales used in the analysis. 75H-18 75H-19 IMPROVED SALES COMPARISON SUMMARY Location COE Date Building Area SF Sales Price Grantor/Grantee Doc No. Site Area SF Price Per SF Comments Year &lilt Price Per SF/land SUBJECT PROPERTY _ 2205,9 R'idel a, WA '1,090 WA Sibjectproperty. ThreebedroonVone Santa Ana, CA92704 WA 6,600 WA bath home with an attached 2 -car 1951 WA garage. Fair condition. Comparable No. 1 1430 S fhcificAve 8122/2016 1,022 $435,000 Thesaleof a three bedroom/ onebath SmtaAna, CA92704 396762 6,069 $425.64 home in average condition with A( 1952 $71.68 Theseller paid $1,800 in closing costs Grantor: TadaA &Yoshiko Fujima DCM 21. aandard solo. G'antoo &afamin A Yanez Comparable No. 2 1218 Camden Race 10120/2016 1,090 $455,000 The sale of a three bedroom/one Sonta Ana, (492707 513677 6,588 $417.43 bathroom upgraded home in good 1950 $69.06 condition. DOM 45, aandard sale. Grantor: Frandsco Parez Living Trust Grantor: Quoc PA. Do Comparable No. 3 13255 ropiar a. 9/22/2016 1,057 $449,000 The sale of athree bedroom/one bath 9ntaAna, CA92704 458348 6,420 $424.79 upgraded home in very good 1952 $69.94 condition. DOM 28, aandard sale. Grantor: Gillespie Brothers Ents LLC Gang: KEndi A Madero Comparable No. 4 1409 Magnolia Avenue 8/26/2016 1,260 $460,000 The sale of a three bedroom/ one bath SantaAna, 0492707 408053 6,750 $365.08 upgraded home. It is in very good 1950 $68.15 condition. DOM 9. Sandard sale. Grantor: MoisesC.antoran Grantee: .brie & Lorena Guerrero Comparable No. 5 14425 Mar S. 6/24/2016 1,034 $477,500 The sale of a three bedroom/ one beth Santa Ana, CA92707 288445 6,750 $461.80 upgraded home in very good 1950 $70.74 condition. DOM 137. aandard sale. Grantor: B1 Macdonald 2013 Trust Grantee: Jakun & IGmhieng Ouk 75H-19 The adjusted sales prices establish a range from $439,698 to $489,438. Consideration is then given to specific characteristics of each of the comparables on a qualitative basis and is detailed in the chart below. Indicated Values Comparable No. Overall Indicated $ Comparability 1 Superior $439,698 3 Superior $453,490 2 Superior $457,275 4 Superior $466,900 5 Superior $489,438 Conclusion All of the comparables are given weight in the conclusion of value. Based on a review of the market data, the opinion has been formed that the market value of the subject property, as of the effective date of the appraisal report, is as follows: FOUR HUNDRED THOUSAND DOLLARS $435,000 75H-20 CERTIFICATION, We certify that, to the best of our knowledge and belief: 1. The sta.teanents of fact contained in this .report are true and correct, 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions, and. conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and no personal interest or bias with respect to the properties or parties involved. 4. We have previously appraised the subject of this report for the same client, Report No. 15-5293, datad December 1, 2015. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment. 6, Our engagement in this assignment was not contingent upon the developing or reporting predetermined. results. 7. Our compensation is not contingent on the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. 8. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. 9, Ellen Netzer has made a personal inspection of the property that is the subject of this report. Elizabeth M. Tiley has not made an inspection of the subject property, but has fully participated in the analyses, opinions and conclusions concerning real estate contained in this report and fully concurs with the conclusions expressed herein. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The reported analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, Elizabeth M. Kiley has completed the continuing education program for Designated Members of the Appraisal Institute. Elizabeth M. Kiley, Al, AI-GRS Certified General Real Estate Appraiser Certificate No. AG005391 Expiration Date: April 13, 2016 Ellen Netzer Trainee Real Estate Appraiser Certificate No. AT008864 Expiration bate: November 14, 2017 75H-21 ATTACHMENT 4 SUMMARY EXPLANATION STATEME+ IVT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant, 2. All buildings, structures, and other improvements affixed to the land described is the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c, Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d, Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be. agreed. to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full Imowledge of all the uses and purposes for which the property is reasonably adaptable and available." Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for yourProperty, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75H-22 ATTACHMENTS 9,ION 1 ". N CITY O1= SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75H-23 Dear Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical Iegal definitions or any form of legal advice, Recipients of offer letters $om the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75H-24 TABI,F OF CONTENTS PAGE WHY IS MYPROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES T'HE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I WHAT IS FAIR MARIM,T VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITLAI., OFFER? 3 MAY I HAVE SOMEONE. REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT TIM CITY'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF , DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75H-25 WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES TIME CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a. public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure, WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the Cly will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property vahies will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be Ins than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fah market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes tui• which the property is reasonably adaptable and available, 75H-26 HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property arc: How it compares with similar properties in the area that have been sold recently. How much it would cost to reproduce the buildings and other structures, less any depreciation. How much rental income it could produce atter expenses and how investors typically value that income, WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 75H-27 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired. • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. • The amount of the offer. • Where appropriate, the just compensation for the real propexty acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an 'independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the. following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with. the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests mast be made in writing and submitted to the City of'Santa Ana, Public Works Agency, 20 Civic Center Plaza M--36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT TfM CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer, The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal), When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you dining your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75H-28 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the, City signs the Purchase Agreement, If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property, it identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the properly or abandon its intention to acquire the property. In the Iatter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if: 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right, After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can deterramejust compensation, To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75H-29 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LUSS any amounts necessary to pay off any mortgage or other liens on the properly and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of: Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be, repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a new location. 75H-30 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be pair( for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or you tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You carrot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on flre property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section §1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 75H-31 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT, MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or toss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75H-32 Epic Land Solutions, Inc. 2601 Airport Drive, Suite 130 Torrance, CA 90SOS Phone: (310) 986-2960 Fax: (310) 891-3348 CITY OFSANTA ANA TITLE VI INI ORMATION PAC"GE 3 li.l, ,. The project proposed by the agency listed above will be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal fnancial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents: • Title VI Booklet • Title VI of the 1964 Civil Rights Act and Related Statutes • Right of Way Title VI Survey Form with Self -Addressed. Stamped Envelope • Right of Way Title VI Discrimination Complaint Form • The U.S. Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title VI Survey form be completed and returned in the self- addressed stamped envelope. If your read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLand.com 75H-33 wWD w w y r v CO . M v ua > .. idd pvp C G G c_ M M 00 o� m .J O fit fLy te 1 0 u = 00 tA z a N ry w N C N aN- �\ O � a' II�i fri h N Q G� U N ry p W_ W V '�a may yW u m ro u o p' U u o Q �. wL cm F^ u ^� w m v.� n'co W ww app c` a: ^' ft' UL u N �O oQM w0 m ao'�+ �Oi �� w O� vi uiO ® dOw Ov. ®Owl '�� 620,-q 'm .^.. m O r�-��n o QwOv� ❑Ow mv3i S p1., o z o 1tl' ao. rvi V � O w'^mm vi h' u� ri m uW� hW Q .n w m O N rW. 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J O E o ,; ` a Ing>°. •- x m son ° -i7 `E' E�2 N�„v w M-0 U N N O' G 3 = L FI 01_ a 3 r' u IV 0 12 u v o y .� a o f0 1- L v Oa m a a E IS = e�' G `E._o 'E°'o w � u tl o o a A p E m K c s t o 'md b O a C W � 0 4°' u = wa P.w NA _E12 P2 a m Gb N O w V v OT w U c c •N a ° o ° a u ab.F O F 3w V v Oa m a a E IS = e�' G `E._o 'E°'o 75H-35 4,8 w � yy tl o o a A m 75H-35 4,8 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page t eft NONDISCRIMINATION STATUTES Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) . The Age Discrimination Act of 1975, as amended 42 U.S.C, 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Perioral financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) . The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure complinnee. The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination tinder any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) The Civil Rights Restoration Act of 1987, P.L, 100.209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED ORNOT) The Uniform Relocation Act Amendments of 1987, P.L. 101..246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacement ... (to maintain)... the economic and social well-being of communities; aud...to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75H-36 TITLE VI OF THE 9964 CIVIL. RIGHTS ACT AND RELATED STATUTES Page2cQ • The Americans with Disabilities Act, P -L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) • The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (e) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment ruder color of State law." • Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(I) It shall be unlawful . ,to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin" (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING— HOD is the primary interest agency, but FHWA. and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. • Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U,S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL. HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FITWA-HCR-06-006 75H-37 TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, colon', national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: _ Under 40 _ 41-65. Over 65 RacciEthnicity: _ White _ American Tribe -Black Pacific Islander Hispanic — Other Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering anyphysical disability or medical condition? Yes —No Ara you a low-income family? Enclosure —Yes _No 75H-38 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursutnl to the Federal Nivaay Act (P.L. 03-578) and the Information Patentees Act cf 1977 (Civil Cade Sections Me , Olsen.), notim is hereby given For the request of paromollnfamrullonbylhis form. The ragnested parsunal lnformadon is voluNory. The pdndpai purposrs of the voNnlaryinfnrmallon is to facllllate the proweeing of lhls form. The failure to prodde all ar any Of of tha requested inlormanlon may delay processing of this form. No diaslomea of persons[ infirm alion will be made unless parmisalbls andelAlan. 6, Section 1708.24 of the IPA of 1077. Each Individual has the right upon request and proper Ideniliicalion, to Inspect all personal Informallon in any ream maintained on the lotividuai Lty on arnalrying particular. Direct any Inquiries an irenrmallmt armistaoseenl IPA 010 Dist Co Rte Post BASIS ❑ RACE ❑ COLOR [] NATIONAL ORIGIN [] SEX ❑ Dial ❑ Low -Income ❑ Nott arglish Speaker Provide date(s) and place of alleged discrimination Describe the Names of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Known) responsible for the railcar decision or condition of alleged discrimination Provide supporting information known to complainant in support ofhis/her allegation, Identify possible witnesses whom Ale complainant believes can provide factual information about this allegation State the action requested by complainant 75H-39 ❑ ttpnLf 6`iy `UZn Lir' tt--ph,g w j1u� ,�wnu�ttnwnui'� P�rfq WI°IFOT - rIm vim a[ atmm U' a� vfTn fkq i ❑ t151tfittwl1fifi�u��ifFStitSo iii�ifiiil6 t�SSUS11tSfi1itS1 ioyS 9 1 Motka i kahhon ya yangin drittingnu' manaitai pat tluttingnu' Umentos Chamorro. FZZovaj kvadrati6 ako 6itate ili govorite hrvatski jezik, ❑ Zaskrtnete roto kolonku, pokud 6tete a hovoate 6esky. dit vakje aan als u Nederlands kunt lezen of spreken. Mark this box if you read or speak Euglish ❑ ..U,, �w'}1G I, �;.�" �I <.t;;..,.m.tll cs'�L'+ `r,w'y'',g Va;lp>,�I D0-3308 s�a�a U,8. DEPARTMENT OF COMMERCE Ee�nomlvs.Ad SIAIIia Ad.T,1.1nli.p U.S. c5mus BURAU 75H-40 1. Arabic 2. Armenian S. Bengali 4, Cambodian 5. Chamorro 6. Simplified Chinese 7.Traditional Chinese 8,Croatian 9. Czech 10. Dutch 11. English 12. Fars! Eaonomlaa and SlalOfl<a Adminlslnllan U.S. CENSUS 9UMAU 75H-41 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22.Japanese 23. Korean 24. Laotian 25. Polish Cocher ici si vous lisez ou parlaz le frangais. ED Elet:ize-n:Sx. dioses Kastchen an, wenn Sm Deutsch lesen oder sprechen. Lj Djl-mcborre ao rd To Traaimo ON &ap&SFU h J11ka'te EX tivuc&. Make kazye sa a si ou li oswa ou pale kreyol ayisyen. ❑ 3P7 3TIrf t -;!i a"'��"i•7cr zrr tu Tgitr ift zft qu qw ri'C 't FFITF I Kos lub voj no yog koj paub twm thiab hats lus Hmoob. Jelolje meg ezt a kockdt, ha megerti vagy besz6h a magyar nyelvet. Markaam daykoy uga kahan no makabasa wemro makasaoka iti Jlocano, Marchi questa casella se Iegge o parla Italiano. ❑ 3� 'Oj e7714 n T 5aO'M, 01 �'ii .R Aj*Ad Aj 0. 2tnuuna2�2e�� >1hui�us�ut�tMnrJ��nano. y o zaznaczenie tego kwadratu, jezeli poshrguje sig)?an/Pani m polskim. E no — U.S. DEPARTMENT OF COMMERCE Eaonomlaa and SlalOfl<a Adminlslnllan U.S. CENSUS 9UMAU 75H-41 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22.Japanese 23. Korean 24. Laotian 25. Polish ❑ Msinale este quadrado se voc616 ou fala pormgues. ❑ Ynsemnali aceasta casula daca citili sari vorbili romgngte. llbMeTbTe 3TOT Kaapparax, ecmt sLx *nsraere xna ronopxTe no-pyccKx. ❑ O6enexcctTe osaj xaappaTxh yrconxxo YxTare xnx roaopxTe cprtcxx jesxK. Ozna6te tento stvorcek, ak viete, citaf aleho hovoriCpo slovensky. Marque esta casilla si lee o habla espaiiol. ❑ Markahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. ❑`lUmt�tsnauu�uaa`iu>ZflaciTvi�ud�uuso�yrtnTrrT"Ine�. I H 'i he puha ni kapau 'oku ke. tau pe lea fakatonga. ❑ Bi*TSTe w kniTcuucy, RKtgo ax iwacme a6o rosopEiTe yxpaYacr,Koro Monoto. ❑ Xin danh dau vao o nay nen quy vi bi t doe va n6i diftic Vi€t Ngrr, _ ❑ .v )-rN 101Y1 'WIN Wa 5 -t)x a)lN 5t00vp ov`r wDo )N to 75H-42 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33.Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38. Yiddish Fort' Request for Taxpayer Give Form to the (Rev. D!,8tMfer 20'14) Idenfilficafiien Number and Certification requester. bo not DepartmIhaTraaaury send to the IRS. Internal Revenue Service 1 Name (as shown on your income tax return). Name is required on this line: do hot leave this line blank, 2 Business name/disregarded entity name, if different from above at m m 0 9 Check appropriate box for federal tax classlficetlon; check only one of the following seven boxes: 4 EJimn ties (cod In apply only sea certain os, individuals; sea o ❑Individual/axle proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate ion. eri lOshuctions an page 3): m c y� o v single -member LLC LJ Limited liability company. Enter the tax classification (C=C corporation, S=S eorperation, P=partnership) i Exempt payee coda (if any) is 0 5 Note, For a single -member LLC that is disregarded, do not chock LLC; check the appropriate box in the line shove for Fram FATGA reporting i„ the tax classification of the single -member owner. code (if any) p`, ❑ other (so. instructions) Epprro• to aacwm:m.,mmmcdourna•ra usi u 5 Address (number, street, and apt. or suite noJ Requester's name and address (optional) v a 6 City, state, and ZIP coda N m 7 List account numbor(s)here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line t to avoid I Social...urityraul hookup withholding. ole For individuals, this Is dgenerallyentity, your social security number (page However, for a Yesident alien, sole proprietor, or disregarded entity, sea the Part I instructions on page S. For other e flu— it Ic,mur mmninvpr idpntifiantinn m rmhar fEINI. If von do not have a number. gee How to oeta TIN on page 3. Note, If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. der penalties of perjury, I certify that: The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notifled me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4, The FATGA coda(s) entered on this form (If any) indicating that I am exempt from FATGA reporting is correct. Certification Instructions. You must cross out Item 2 above if you have been notified by the IRS that you are out rattly subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you most provide your correct TIN- Sae the instructions on page S. ,Sign I structure of Bare U.S. persons Date General Instructions Section references are to the Internal Revenue Code mile.. atherwlse noted. Future developments, information about developments affecting Form W-9 (such as legislation enacted after we release Iti Is at wanvile gov/iw9. Purpose of Form An Individual or entity (Form W-9 requester) who la required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSM, Individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an information return. Examples of Information returns include, but are not limited to, the following: • Farm 1099 -INT (interest earned or call • Form 1099 -DIV (dividends, including those from stacks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awal'de, or gross proceeds) • Form 1099-13 (stack or mutual fund sales and canaln other transactions by brokers) • Farm 1099-S (proceeds from real estate transactions) • Farm 1099-K (merchant card and third party network "i nsa itlons) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 10984 (tuition) • Farm 1099-0 (canceled debt) • Form 1099-A (acquleltlon or abandonment of secured property) Ran Form W-9 only If you are a U.S. person (Including a resident ellen), to pl'ovlde your correct TIN. Nyou do not return Form W-9 to the requester with a TIN, you might be subject to bil withholding. See What Is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2, Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withhokting tax on foreign partners' share of effectively connected income, and 4. Certify that FATGA cartels) entered on this form Of any) Indicating that you are exempt from the FATCA reporting, Is correct, See What Is FATGA reporting? on page 2 for full Information. Cat. No. 10231X 75H-43 Form W-9 (Rev. 12-2014) Form W-9 (Rev. 12-2014) Note. If you are a U.S, person and a requester gives you a form ether than Form LV -9 to request your TIN, you must use the requester's form If It Is substantially similar to this Form W-9, Definition of a U.S. parson. For federal tax purposes, you are considered a U.S. person if you are: • An Individual who Is a U.S. clIII or U.S. resident alien; • A partnership, corporation, company, or association created or organized in Ilia United States or under the laws of the United Stolon, • An estate (other then a foreign estate); or • A domestic trust (as defined In Regulations section 301,7701-7). Sp eclat rules for partnerships. Partnerships that conduct a trade or business Ila the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, In certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S, parson that Is a partner in a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its alienable share of net Income from the partnership conducting a trade or business In the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor rust with a U.S. greater or other U.S, owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of aU.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-0. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax an Nonresident Aliens and Foreign Entities), Nonresident .[[an who becomes a resident &lion. Generally, only a nonresident .lien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of Income even afterthe payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from 0.8, tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five Items: 1. The treaty country. Generally, Me must be the same treaty under which you claimed exemption born lex as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for ilia exemption from tae. 5. Sufficient fasts to justify the exemption tram tag under the terms of the treaty article. Example. Article 20 of the U -S: China Income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student teriporaYlly, present In the United States, Under U.S. law, this student will become a incident alien for tax purposes If his or her stay in the United States exceeds 5 calendar years. However', paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who quail for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship loom. would attach to Fofm W-9 a statement that includes the Information described above M support that exemption. If you are a nonresident alien ora foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you most tinder certain conditions withhold and pay to the IRS 28% of such payments. This Is called "backup withholding." Payments that may he subject to backup withholding include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rants, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withlto nflug. You will not be subject to backup withholding on paymentsyeu receive Ifyou give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends an your tax store. Payments you receivewill be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You de not Usury your TIN when required (sea the Part II Instructions an page 3 for detalls), Page 2 3. The IRS tells the requester that you furnished an Incorrect TIN, 4, The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable interest and dividends only), or 5, You do not certify to Ilia requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). Certain payee& and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special volas forpartnerships above. What is FATCA reporting? The Foreign Account Tax Compilation Act (FATCA) requires a participating foreign financial Institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. Sea Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more Information. Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this parson. For example, you may need to provide updated Information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must furnish anew Form W-9 If the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester, you are subject to a penalty of $60 for each such failure unless your (allure Is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, You are subject to a $500 penally. Criminal penalty for falsifying information. Wlllfully falsifying ceutIcagous or affirmations may subject you to criminal penalties including fines and/or Imprisonment, Mfsuse of TINS. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, lint first, and then circle, the name of the parson or entity whose number you entered In Part I of Form W-9. E. Individual, Generally, enter the name shown ah your tax return. If you have changed your last name without Informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your now last name, Note. ITIN applicant: Enter your Individual name as it was entered on your Form W-7 application, line Ia. This should also he the same as the name you entered on the Farm 1 040/104DA/I 040EZ you flied with your application. b. Sete proprietor an sinpfe-member LLC. Enter your Individual name as shown on your 1040/1 04DA/1 040EZ on line 1. You may enter your business, trade, or "doing business as" (BBA) name on line 2. c. Partnership, LLC that is not o single -member LLC, C Corporation, or S Corporation. Enter Ilia entity's name as shown on the entity's tax return an line 1 and any business, trade, or BBA name on line 2. d, other entitles. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document at the entity. You may enter any business, trade, or CSA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iki). Enter the owner's name on in. 1. The name tithe entity entered on Ilne 1 should never be a disregarded entity. The name on line 1 should be the name shown on the Income tax mtum on which the income should he reported. For example, if afereign LLC that Is treated as a disregarded entity for U.S, federal tax purposes has a single owner that Is a U.S. parson, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity Is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name," If the owner ofthe disregarded .mingle a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This is the case even lithe foreign person has a U.S. TIN. 75H-44 Form W-9 (Rev. 12-2014) Line 2 If you have a business name, bade name, DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box in line 3 fortho U.S. federal tax classification of the person whose name Is entered on line 1. Check only one box In line 3. Identical Liability Company(LLC), If the name on line 1 Is an LLC treated as a partnership for U.S, federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. If the LLC has flied Form 8832 or 2663 to be taxed as a corporation, check the "Limited Liability Company" box and In the opera provided enter "C" far Corporation or"S" for 8 corpomdon. If It Is a single -member LLC that Is a disregarded entity, do not check the "Limited Liability Company" box; Instead check the first box In line 3 "Individual/sole proprletnr or single -member LLC." Line 4, Exemptions if you are exempt from backup withholding and/or FATCA reporting, enter In the appropriate space In line 4 any c af.(s) that may apply to you. Exempt payee sada. • Generally, individuals (including sole pmprietora) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, Including Interest and dividends. • Corporations are not exempt from backup withholding for payments made In settlement of payment card or thlyd party network transactions. o Corporations are not exempt from backup withholding with respect to attorneys' fans or gross proceeds paid to attorneys, and corporations that provide medical or beef Ili care services are not exempt with respect to payments reportable on Farm 1099-MISC. The following rode. identify payees that are exempt from backup withholding. Enter the appropriate code In the space In line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) tithe account satisfies the requirements of section 401 (1)(2) 2—The Untied States or any of its agencies or Instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities 4—A foreign government or any of Its political suedlvalons, agencies, or Instrumantalltles 5—A corporation 6—A dealer in securities or commodities required to register In the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common treat fund operated by a bank under section 684(a) 11 —A financial Institution 12—A middleman known In the Investment community as a nominee or custodian 13—A frust exempt from tax under section 664 or described in section 4947 The fallowing char) shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees Ilakid above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker tmnnaollam Exempt payees 1 through 4 and 6 through 11 and all C corporations. s corporations must not enter an exempt payee code because they are exempt only for sales of noncoverad securities acquired prior to 2012. Barter exchange transactions and Exempt payees l through patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 5° Payments made In settlement of Exempt payees l through payment card or third party network transactions I See Form 1099-MISC, Miscellaneous Income, and Its instructions. Page 3 'However, the fallowing payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health cam payments, attorneys' fans, gross proceeds paid to an attorney reportable under section 6045(f), and payments for services paid by federal executive agency. Exemption from FATCA reporting code. The following codes Identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained entries of the United States by certain foreign fllterclal Institutions. Therefore, If you are only submitting tills form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are mandate If the financial Institution la subject to these requirement& A requester may Indicate that a code Is not required by providing you with a Form W-0 with "Nut Applicable" (or any similar Indication) written or printed on file line fora FATCA exemption code. A— An organization exempt from tax under section 501(a) or any Individual retirement plan as defined In section 7701(a)(37) B—Tho United States or any of Its sustains or Instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivlslans or Instrumentalities D—A corporation the stock of which is regularly traded on one of more established securities markets, as described in Regulations section 1.1472-1(c)(1)(g E—A corporation that Is a member of the same expanded affiliated group as a corporation described In Regulations section 1.1472-1(cJ(i)(I) F --A dealer in securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United Staten or any state G—A real estate Investment trust IT—A regulated Investment company as defined In section 861 or an entity reglstaisd at all times during the tax year under the Investment Company Act of 1946 1—A common trust fund as defined In section 584(0) J—A bank as defined in section 581 K—A broker L—A trust exempt from ex under section 964 or described in section 4947(a)(1) M—A tax exempt trust under seder 4o3(b) plan orsncelon 457(g) plan Note. You may wish to consult with the financial institutiwr requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This Is where the requester of this form. W-9 will mail your Information returns. Line 6 Enter your city, state, and ZIP code. Part 1. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident allen and you do not have and am not eligible to get an SSN, yourTiN Is your IRS individual taxpayer Identification number #TIN. Enter it to the social security number box. If you de not have an R IN, see Now k get a TIN below. If you are a sole proprietor and you have an BIN, you may enter either your SSN or EIN. However, the IRS posters that you use your SSN. If you ere o single -member LLC that Is disregarded as an entity separate from Its owner (sea Limited IJablity Company (LLC) on this page), enter the owner's SSN (or FIN, If the owner has one). Be not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's SIN. Note. See the shad on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Form SS -5, Application for a social Security Card, from your local SSA office or get this form online at www.ssa.gov. You may also gat this form by calling 1-800-772-1215. Use Form W-7, Applioatioh for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at wean langov/businesses and clicking on Employer Idetrtifieatlon Number (EIN) under Starting a Business. You can gat Farms W-7 and SS -4 from the IRS by visiting IRB.gov of by calling 1 -808 -TAX -FORM (1-800-828'+1876), If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TI IJ, sign and date the form, and give It to the requester. For intereaL and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments, You will he subject to backup withholding on all such payments until you provide, your TIN to the requester. Net.. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the approprlale Form W-8. 75H-45 Form WO (Rev. 12-2014) Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident align, sign Form W^9. You may be requested to sign by the withholding agent even If Items 1, 4, or b below Indicate otherwise. For ajoint account, only the person whose TIN Is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as Indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered Inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely pmviding your correct 71 to the requester, you must areas out Item 21n the certification before signing the form. 3. Real estate transaction a. You must sign the oenlfication. You may cross out Item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. "Other payments" Include payments made in the course of the requester's trade or business for rents, rarities, goods (other than bills for merchandise), medical and health care aerviees (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, end gross proceeds paid to attorneys (Including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or NSA Contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The individual 2. Two or more Individuals doint The actual owner of the account or, account) if combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors qct) 4. a The usual revocable savings Ths grantor -trustee' trust (grantor Is also trustee) b. So-called trust account that is The actual owner' not a legal or valid trust under slate law 5. Sola pmprletarshlp or disregarded The owner' entity owned by an Individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.67'1-4(b)(2)0) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner Individual B. Avalid trust, estate, or pension trust Legal entiy B. Corporation or LLC electing The corporation corporate status on Form 0832 or Farm 2553 10. Association, club, religious, The organization charltabia, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. ACGGLlnt with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1699 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) (B)) Us[ first and circle filename of the person vrhoso number you Walsh. If only one person on a Iolnt..get hem an BSN, that person's number must be furalshed. 'Circle the minor's name and fumish the minor's SSN. You must show your Individual name and you may also enter your business or DBAname on the "Business name/disregarded anllty" name life. You may use either your SSW or BIN (you have one), but the IRS encourages you to use your SSW. ' UM Ilrst and circle the name of thetrust, estate, or pension trust. (cases turner the TIN of iho peraonel representative or iruatee unless the legal entity Itself is not designated in the account Ifni) Also see Special rules forpadnmvhipa on page 2. *Note. Grantor also moat peavlde a Farm W-9lo trustee of treat. Note. If no name Is circled when more than one name In listed, the number will be considered to he that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, SSN, or other iden8fying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a lob or may fele a tax return using your SSN to receive a refund. To reduce your risk: • protect your SSN, • Ensure your employer Is protecting your SSN, and • Be careful when choosing a tax protester. If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed an the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS identity Theft Hotline at 1-800-908.4490 or submit Farm 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing ecanomic herrn or a system problem, or are seeklog help In receiving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at t-877-777-4778 or TT'7TDD 1-800-829-4059. Protect yourself from suspiolmta am ails or phisung schemes. Phlshing Is tha creation and use of email and websites designed to mimic agltlarda business entails and websltes. The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into sumer daring private information that will be used for Identity theft. The IRS does not Initiate contacts with taxpayers via emalls. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you receive an unsolicited small claiming to be from the IRS, forward this message to phlshrng®moriov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tel( Administration (TIGTA) at 1-800-366-4484, You can forward suspicious smalls to the Federal Trade Commission at; spem9mo.gov or contact them at www.fle.govlldtheff or 1-877-IDTHEFr(1.377-4301 Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6199 of the Internal Revenue Code requires you to provide your correct TIN to persons (Including federal agencies) who are required to file information returns with the IRS to report Interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file Information raturns with the IRS, refunding the above Information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possoaalons for use in administering their laws. Tine information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat temarism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, clam end, and certain other payments to a Payne who does not give a TIN to the payer. Contain penalties may also apply for providing false or fraudulent information. ' 75H-46 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2205 S. BRISTOL STREET (APN 015-194-24) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75H-47 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2205 S. Bristol Street (APN 015-194-24), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75H-48 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: A-1 Jo6h M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75H-49 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75H-50 c EXHIBIT A LEGAL DESCRIPTION Real Property in the City of Santa Ana, County of Orange, State of California, described as follows; LOT 193 OF TRACT NO. 11.92, IN THE CIN OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015.194.24 75H-51 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 EXHIBIT B Y y o�oo�o o o G o 0 P & —� sr. mnmuses. ° 4Ap4 ci . C@° O ON k l @ y Q Q 0 ® Q b Q R p •w �• U O Q n� ®_ Op � f7 0. O O O a O sin C7 • O j-0 AVk'NUE ^� i �n Y qq C@° O ON k l @ y �abJ Q 0 ® Q b Q R p •w �• O _u.SCCd - 0 O• O Q n� y�.. �ie�� � � 0. O O O =mnruxal i}{3r IYAPNBF AVk'NUE ^� i �n Resolution No. 2017 -XXX Page 6 of 6 75H-52 75H-53 08/15/2011 THU 10:20 FAX PETERSON LAW GROUP PROFESSIONAL CORPORATION SUITE 290 19800 MACARTHUR BOULEVARD IRVINE, CALIFORNIA 92612 TELEPHONE (949) 955-0127 FACSIMILE (949) 955-9007 June 15, 2017 Clerk of the Council City of Santa Ana, City Hall 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 Facsimile: 714-647-6956 2001/001 1!117 JUN 15 I'm D 19 tTy OF A ANA Via Personal Delivery and Facsimile Re: Hearing on Resolution of Necessity — Victoria Vargas Bastida Bristol Street Widening Project APN 015-1.94-23, 24 2201 & 2205 S. Bristol Street, Santa Ana, CA ("Subject Properties") Dear Members of the City Council: This office represents Victoria Vargas Bastida, owner of the Subject Properties. Request is hereby made that this letter be made part of the record, and that we be given the opportunity to be heard at the hearing on the Resolution of Necessity. Ms, Bastida does not challenge the Resolution of Necessity for the Subject Properties, However, the prelitigation offer pursuant to section 7267.2 of the California Government Code is inadequate and does not rise to the fair market value standard. The offer reflects a depression in the surrounding area caused by the project, and thus the offer is project influenced, We look forward to working with the City in reaching a fair and just resolution of the acquisition of the Subject Properties that complies with the fair market value standard. CDP: cl Very truly yo s, �o Christopher D. Peterson 75H-54 REQUEST FOR COUNCIL ACTION MY&W61910.[dlgI'll =1=1IIIQ 17-y" JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2201 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) h / CITY IVIANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1n Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2201 South Bristol Street (APN 015-194-23) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2201 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on January 30, 2017, in the amount of $450,000 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 751-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2201 S. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $450,000 are appropriated in the Bristol Street Improvements Project (No. 116741), Measure M2 Street Construction Fund (Account No. 03217663-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. re Mousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: c�C�m t i�,P AI�UA, _ Francisco Gutierrez Executive Director ly Finance & Management Services Agency 751-2 MATCHLINE SEE BELOW RIGHT ..�„ 408.33fi-77 - T.�.. 7-'-T"7--- I I I I N I I I ST GEITRUDE PL y? I 1408-471,011 �J�d.. x...1..1.. I I � J mj;w W ' 66 o`o 408.479-17 1w _---- I LLr 01 194.24, J pts-1aa.zs 1 / / e e ' dI/ k116.194- 8 7 406471-00 I WARNER AVENUE LEGEND: -ACOUSP.Et'i P11D11FPfIF9 I I I -"7"-r--7 T-ni -I-..7... -L--i---L---L i,l 1 - ST ANDREW PL ✓ ; �,, . I I I I I I �•, � � I I I CAR PL T_,T._7/—x r I ////'�,';I I i - 1 r I I GLENWOODPL _J 7 T 7-1- o T..�_.,.- i w I c CAMDEN PL �3T ANNE PL J EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC CITY COUNCIL INTEREST AND NECESSITY 'PWA' AGENDA E 20, 2017 PROPERTY AT 2201 ACQUISITION BRISTOL STREET V (PROJECT NO. 116741 NONGENERAL FUND) PUBLIC WORKS MENCY (Strategic Plan No. 6, 1G; and 3, 2C) 751-3 PAGE 1 OF 1 City of Santa Ana Bristol Street Improvements -Warner Avenue to Saint Andrew Place Parcel File No. 016-194-23 Owner of Record: Victoria Vargas Bastida, a married woman as her sole and separate property Additional Owner(s) of Record: NIA Property Address: 2201 S. Bristoi'Street, Santa Ana, CA 92704 This is to acknowledge receipt of the offer package containing the followingitems: Offer letter dated Janaury 30, 2017 which Includes; • Preliminary Report Issued by Title Company (Attachment 1) • Property t egal Description (Attachment 2) • Statement of Just Compensation (Attachment 3) • Summary Explanation Statement (Attach ment`4) • City of Santa Ana Handbook on Acquisition (Attachment 5) • Your Rights Under Title VI (Attachment's) • W-9 Form (Attachment 7) Please return the SIGNED Receipt of Offer Package in the envelope enclosed. Victoria Vargas Bastida, an individual EXHIBIT 2 751-4 Date January 34, 2017 Victoria Vargas Bastida 2848 Augusta Way Santa Ana,, CA 027U6 CITY OF SANTA ANA 20 Clvfr, Center Plaza * P,C, BOX 1988 Santa Ana, California 02702 - 714-647-5019 pia-ana oris SUBJECT. REVISED OFFER TO ACQUIRE PROPERTY AT; 2201 S. BRISTOL STREET, SANTA ANA, CA 82704 APN: 015.194-23 Dear Mrs. Bastida, This Offer supersedes all previous Offers to Acquire, ACTING CITY MANAGER Gerardo Monet. CITY ATTORNEY Santa R, Carvalho CLERK OFTHE COUNCIL. Marfa OaHulza` Via Certified Mail The City of Santa Ana (('City") is proceeding with its plans > to construct Phase 4 of the Bristol Street Improvements Project between Warner Avenue and Saint Andrew :Place, The City obtained a preliminary title report that lists Victoria Vargas Bastida, a married womanas her sole and separate property to be the vested owner of the above-mentioned property as shown in Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment Z, The area to be acquired is referred to herein as the !'Property". No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title. If more than one person has an Interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the Highest and best use of the land. Based on the appraisal, the City offers to purchase your Property for $450,000.00 The basis for this offer is explained more #horoughly in the attachments to this letter that are made a part of this offer by reference, This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both: 751-5 2201 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 751-6 2201 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Jesse Ortiz from Epic Land Solutions, Inc. at (310) 626-4843. Sincerely, Jason Gabriel, Principal Civil Engineer cc: Christopher D. Peterson, Esq. 751-7 CL.TA Preliminary Report Form (Rev. 11/06Y syr AMR*,ti v j Fir tAmerican ride Customer Wereri ATTACHMENTi Order Number: OSA-4443271 Page Number: 1 Updated 08/2412015 First American Title Company 4 First American Way Santa Ana, CA 92707 order Number: OSA-44437.71 (bdaa) Title Officer; Bob Davies ( Ashley Aegerter Phone; (714)250-3094 Fax Nmf (714)913-6388 &Mal; octitle2@firstam,corri Property: 2201 South Bristol Street Santa Ana, CA y• j Y i •: , b as Whit also set Porth In Exhibit A. copies or the policy fo nosshouid be Please read the exceptions shown of referred to below and the exceptlon3 and exclusions set forth in Exhibit A of this report carefully. The exceptions and exclusiots are Meant to provide you with notice of matters which are riot covered under the terms of thetitleinsurance policy and should be carefully considered. it is Imports at to note that this preliminary report isnot a written representation as to the condition of title and may not list all liens, detects, and encumbrances affecting title tor tine land. Firstkrierican Title Page:. of 13 751-8 Order Number: -OSA-4443271' Page Number:2 Dated as of August 24, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired; Title to said estate or interest: at the d'atehereof is vested in:. VICTORIA VARGAS BASTIDA, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY The estate or interest in the land hereinafter described or referred to covered by this Repot Is: FFR The Land referred to herein is described asfollows (See attached Legal Description) At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions in said policy form would be as folfowst 1.- menerai and -special taxi and assessments for the fiscal year 2015-21116, a lien riot yet due or payable. 2, The lien of supplemental takes, If any, assessedpursuant to Chapter 3.5 commanding with Section 75 of the California Revenue and Taxation Code. 3. An easement shown or dedicated on the Map as referred to in the legal description For; Public utilities and Incidental purposes. 4, Covenants, conditions, restrictions and easements In the document recorded as Book i750, Paae 154 of Official Records, which provide flhat a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust mode in good faith and for value, but deleting any covenant, condition or restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disabilityt, to the eXtent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United' States Codes or Section 12955 of the California Government Code. Lawful restrictions tinder stater and federal law on the age of occupants In senior housing or housing for older persons shall not be construed as restrictions based on familial stats. Documents) declaring modifications thereof recorded as Book 1762, Page 484 and in Book 41§7 Pace 433, both of Official Records. firstAmerican Title P'Ige 2 o D 751-9 Order Number: OSA-4448271 Page Rumber 3 5. An easement for either or both pole lines, conduits and Incidental purposes in the document recorded as Book 1534 Fage 515 of Official Records. 6. An easement for either or both pole lines, conduits and incidental purposes in the document recorded as Book 1546; Page155ofOFficlal'Records. 7, A -deed of trust to secure an original indebtedness of $350,000.00 recorded January 17, 2007 as Instrument No. O7-32416 of Official Records. Dated: January 04, 2007 Trustor: Victoria Vargas Bastida, a married woman as her sole and separate property Trustee: California Reconveyance Company, a California Corp 6eneficiaryc Washington Mutual Bank, FA, a Federal Savings Bank A document recorded December 19, 2011 as Instrument. No. ii -662210 of Official Records provides that the deed of trust or the: obligation secured thereby has been modified, According to the public records, the beneficial interest under the deed of trustwas assigned to JPMorgan Chase Bank, National Association by assignment, recorded September 79, 2014 as Instrument No. 14-393841. of Official Records. 8. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 9. Rights of parties in possession. Ffr,tAimellcan 771Ie Page 3 of 13 751-10 Order Number: OSA-4443271 Page Number: 4 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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, If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $1,957.86, PAID Penalty: $0.00 Second Installment: $1,957.86, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P, No.: 015-194-23 This report is preparatory to the issuance of an ALTA Loan Policy, We have no knowledge or any fact which would preclude the Issuance of the policy with CLTA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached, When Issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 2201 South Bristol Street, Santa Ana, CA. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, If any, to which this map is attached. HlstAmerican Title Page 4 of 13 751-11 Order Number: OSA•4443271 Page Number: 6 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, Skate of California, described as follows: LOT 194 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 3B, PAOE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 01S-194-23 FMt knoll n TWe Paged. of 13 751-12 __rte _m Page Number: 7 � vq )§ � \ \ \ Tz- e8 6 m � o . _ _r � ` © .s.^& %~7! � ®`&• \ - � vq )§ � \ \ \ Tz- e8 6 m o � � vq )§ � Tz- Firstkneticanr Page 7 of 13 75-12 ATTACHMENT 2 THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS:, LOT 194 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015494-23 751-14 ATTACHMENT STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Victoria Vargas Bastida, a married woman as her sole and separate property The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary") required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b). The appraisal on which this summary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. 751-15 The property is being appraised for the possible full acquisition by the City of Santa Ana to assist in negotiations with the property owner for the possible full acquisition of the subject property as a part of the Bristol Street Widening Improvement Project. DESCRIPTION OF THE SUBJECT PROPERTY Ownership: Victoria Vargas Bastida, a married woman as her sole and separate property Location: 2201 South Bristol Street, Santa Ana, California 92704 Assessor's Parcel No.: 015-194-23 Date of Value: November 29, 2016 Property Rights Appraised:Fee simple Site Area: Approximately 6,720 square feet, or 0.15 acre, according to the Assessor's Map. Zoning: According to a representative for the City of Santa Ana, prior to 1991, the subject property was zoned for residential use. The improvements appear to be a legal non -conforming (grandfathered) use. The property is being appraised disregarding the project's influence and current zoning. Present Use: Highest and Best Use (As Vacant): Highest and Best Use (As Improved): Residential Residential Use Continue the existing use Improvements: The subject property is improved with a three- bedroom/one bath single-family residence and attached garage. According to information obtained from public records and verified by physical measurements of the building, the building has a 751-16 gross living area of 1,090 square feet. It was originally constructed in 1951 and is in fair condition. Description of Acquisition: A full acquisition is proposed 751-17 SALES COMPARISON APPROACH The sales comparison approach consists of the search for and an analysis of sales of similar single-family improved properties which are compared to the subject to provide an estimate of the fair market value. Typically, single-family residential homes are purchased based on the location, living area and number of bedrooms and bathrooms. When searching for comparables for the subject property, location, living area, quality, and condition were strong indicators of price. Recent sales of single-family residences within the immediate neighborhood and surrounding neighborhoods were reviewed. Multiple transactions were examined and considered for comparison. The most similar closed sales were selected for the analysis. The improved sales were analyzed and reviewed for the following items of comparison: property rights conveyed, financing terms, conditions of sale, expenditures after purchase, date of sale (market conditions), and physical characteristics of the property including: gross living area, location, year built, bedrooms and bathrooms, room count, quality, condition and garage parking. The following table summarizes the comparable sales used in the analysis. 751-18 The adjusted sales prices establish a range from $439,698 to $489,438. Consideration is then given to specific characteristics of each of the comparables on a qualitative basis and Is detailed in the chart below. 751-19 IMPROVED SALES COMPARISON SUMMARY Location WE Date Building Area SF Scales Rice Grantor/Grantee Doc No. Site Area SF Price Per SF Comments Year_BDtft Price Per SF/Lagij SUBJECT PROPERTY 2201 S.Flstol a. WA 1,090 WA Subject property.l-hree bedrooM one Santa And, CA92704 WA 6,720 WA bath home with an attached 2-car 1951 WA garage. Average original condition. Comparable No. 1 1430 S Pacific Ave, 822/2016 1,022 $435,000 The sale of a three bedroom/ onebath Sma Me, CA02704 396762 6,069 $425.64 hame In average condition with AG The 1952 $71.68 filer paid $1,800 in closing costs DOM Grantor: Tadaaki &Yoshiko Fujinla 21. Sendard sale. Grantee: Feniamin A Yanez Comparable No. 2 1218 Camden Face 10/202016 1,090 $455,000 Th9sale of athree bedroom/one Santa Ma,CA92707 513677 6,588 $417.43 bathroom upgraded home in good 1950 $69.06 condition. DOM 45. Sandard able. Grantor: RanchT» Perez Uving Trust Granted: Quoo M. Do �..- Comparable No. 3 13255 Poplar a. 922/2016 1,057 $449,000 The ale of a three bedroond one bath Santa And, CA 92704 458348 6,420 $424.79 upgraded home In very good condition. 1952 $69.94 DCM28, Saadadsale, Grantor. GIaple Brothers Eris LLC Grantees Kendi A Medero Comparable No. 4 1409 Magnolia Avenue 8262016 1,260 $460,000 ihesale of a three bedroond one bath Santa Ma, CA 92707 408053 6,750 $365,08 upgraded home. It lain very good 1950 $68.15 condition. DOM 9. standard ale. Grantor: MoiresC2ntoran Grantee; &ge rena Guerrero Comparable No. 5 14425 Baker a. 6/242016 1,034 $477,500 Thesaleof athroo bedrocMone bath aanta Ma, M92707 288445 6,750 $461,80 upgraded homein verygood condition. 1950 $70.74 DOM 137, aandard fie. Grantor: B1Madonaid 2013 Trust Grantee: Sakun & IGmhien Ouk The adjusted sales prices establish a range from $439,698 to $489,438. Consideration is then given to specific characteristics of each of the comparables on a qualitative basis and Is detailed in the chart below. 751-19 Indicated Values Comparable No. Overall Indicated $ Comparability Similar $439,698 Superior $453,490 Superior $457,275 Superior $466,900 5 Superior $489,438 Conclusion All of the comparables are given weight in the conclusion of value. Based on a review of the market data, the opinion has been formed that the market value of the subject property, as of the effective date of the appraisal report, is as follows: FOUR HUNDRED TWENTY-FIVE THOUSAND DOLLARS $450,000 751-20 CERTIFICATION We certify that, to the best of our knowledge and belief: I. The statemerltsoffact contained inthis report are true and correct. . Z. The reported analyses, opinions, and conclusions are limited only by the reported assumptiohs and limiting conditions and are our personal, impartial, and unbiased professionalanalyses, opinions, and conclusions. 3, We have no present or prospective interest in the property that is the subject of this report and vire have no personal interest with respectto the property or pa rties involved, 4. We have previously appraised the subject of this report for the same client,. Report No, 15-5294, dated December 1, 2of5 5. We have no bias with respectto the property that is the subject of this report or to the, parties involved with this asisignmerit. 6. our engagement in this assignment was not contingent upon developing or reporting predetermined results: 7, Our compensadon is not contingent on the reporting of a, predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. B. This appraisal assignmentis riot based on afequested minimum valuation, aspadficvak ation or the approval of a.Joan, 9. The reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. It has also been prepared' In conformity with California state law and the Uniform Standards of Professional Appraisal Practice. o. Ellen Netzer has made a personal inspection of the property that is the subject of this report. Elizabeth M. Kiley completed a review of aerial and ground photos of the property that is the subject of this report and has fully participated in the analyses, opinions and conclusions concealing real estate contained In this report and fully concurs with the final value estimate expressed herein, Ellen Netzer has made:a personal Inspection of tile comparables that were utilized in this report. �11. No one provided significant real property appraisal assistance to the persons signing this certification. 12, The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13, As of the date of this report, Elizabeth M. Kiley has completed the continuing education program of the Appraisal institute. Elizabeth M. Kiley, MAI, Ai -ORS Alen Netzer Certified General Real Estate Appraiser Trainee Real Estate Appraiser Certificate No. A0005391' Certificate No. AT008864 Expiration Date: April 13, 2018 Expiration Date: November 14, 2017 751-21 ATTACHMENT 4 SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation. for the property taken; Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. d-. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you arc entitled to have the amount of compensation determined by a court: of law in accordance with the laws of the State of California. 751-22 ATTACHMENT 5 i HAINDBOOK PublicCITY OF SANTA ANA . Agency Dear Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice, Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 751-24 TABLE OF CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROIEC'F, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THF, CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPTTHE CITY'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT, MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 751-25 WHY 1S MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 751-26 HOW .DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: How it compares with similar properties in the area that have been sold recently, How much it would cost to reproduce the buildings and other structures, less any depreciation. How much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues m other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and ymw receipt of the offer is acknowledged. WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF .LUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 751-27 • The date of valuation, highest and best use, and applicable zoning of property. • Au accurate description of the property to be acquired. • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. • The amount of the offer. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits, • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of you independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to [he, City of Santa Ana, Public Works Agency, 20 Civic Center Plaza M-36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted Rill payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. 1u.111.91y_FIXKNJD V -0I _IlxilYfld"Iel INEItwelml Sim NO. You are emitted to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer, The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation dining the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 751-28 IF I AGREE TO ACCEPT THE CITY'S OFFER, IIOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCIIASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if. 1) the public interest and necessity require the project; 2) the project is platmed or located in the manner that will be most compatible. with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right, After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property ownerand the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you ate to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 751-29 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sutras necessary to resolve any special ownership problems. A withdrawal of the deposit by the, property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you wilt not be responsible for the reasonable and necessary costs of: Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time, If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an itern is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense,) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a new location. 751-30 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I'HAVE, TO PAY RUNT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate atter the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move, AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 751-31 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill' consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 751-32 Epic Land Solutions, Inc. 2809, Airport Drive, Suite 130 Torrance, CA 90505 Phone: (310) 986.2960 Fax: (310) 891-3348 CITY OF SANTA ANA TITLE VI INF'O.ttNTA TION PACICAG 1.:--: {, The project proposed by the agency listed above will be, receiving federal financial. assistance, Pursuant- to'1'itlo VI of the Civil Rights Act of 1964, no person in die United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis ofsex, age or disability, The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following docninenw. • Tit1c VI Booklet • Title VI of the 1964 Civil Rights Act and Related Statutes • Right ofWayTitleVVISurvey Form -with Self -Addressed StaropedRavelope. • Right of Way Title VI Discrimination ComplaintFozxn • The U.S, I)epartment of Commence Census Pureau, .Language Identification Flashcard It is requested the Right of Way Title VI Survey form be completed and returned in the self-- addressed stamped envelope, if you read or speak a language different than English, please write your name and address on the top of the page and Check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the, fallowing - Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC. GOOD www.Ep!rLand.coni 751-33 LU oU ay ..- n Z v a o a Ccu a 4 cc Lu to owo tr 41 v as CNn o z h n My U i}cw Uuv' l3 iyro M1a Uu'TGmUm U oV us U <N w �q Oi.i 4m E8VMO`^. Na w0� G .o. �O a� c� 3�Oh c m �° sem ° °emu saSf w ° � ° ^� r K w w r u w O O u . o �+ F^ N Y^ a ��o NO.o MnOm C'o »dma wOz r�-o V`OMn 751-34 F- 10 o a bD td �. M, n 0 u 5 y 751-35 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Pagel oft NONDISCRIMINATION STATUTES • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied Ore benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL-ATD PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department ofTranspoi union and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled With applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid IIighway Act, 23 U.S.C.324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, F.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) nvnimiaing the adverse impact of displacement ... (to maintain)... the economic and social well-being of communities; and ... to establish a lead agency and allow for State certification and implemcutation," (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICII CAUSE DISPLACEMENT) 751-36 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Paye 2 oft The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government," (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terns, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of Stale law." • Title VHI of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that; "(1) It shall be unlawful... to refuse to sell or rent after (he making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin" (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING— HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Net of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. • Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 584 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance," (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FHWA-HCR-06-006 751-37 TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal Information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798,24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this Information Is voluntary. Head of household: Mate Female Age: Under 40 _ 41-65 _ Over 65 Raee/Etlmicity: _ White _ American Tribe 131ack Pacific Islander IIispanic _ Other Asian Specify: Language spoken, if other than English: Are you or any member of your household suffering any physical disability or medical condition? —Yes No Are you a low-income family? _Yes _No Enclosure 751-38 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE --- parspanl toof the patlaml Privacy Acl. r" 9&519) and the Intonnallan Practices Ad or 1917 (Civil Code fther dr, 1]90,fo ratio halloo L hereby the given rorthe request of Tpars hefaielretonelionbylllhl. or farm, Th. the voloplavy- The ofthis purposeofthe voluntaryinformallon isto faallilalo Rhaopecasing or ithis farm. Tha (hilum a provide all or any potl of the mfessled IEach Inds may delay a mile upon coo, form. N r disclosure of personal informallon will al made tion I p any recole rd under Antde 6, a I'divi 7190.24 0l the IPA of 1911. Each Indivl1. has the right upon request and proper IPA FI ration, to Inspect all personal information In any recortl malnlalued on the Individual hY an Idonlilying particular. Oirecl an Y lnqulnes on Informallon m In[enan I our IPA Ofp Name of Complainant Dist Co BASIS OF DISCRIMINATION Rte Post ❑ RACE ❑ COLOR Q NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low4ro me ❑ Non-English Speaker Provide date(s) and place of alleged discrimination Describe the nature oFthe action, decision, or conditions of the alleged discrimination (Attach ExbA Page. IF Necessary) Name of individuals (if Known) responsible For the action, decision or condition of alleged discrimination Provide supporting Information known to complainant it, support of his/her allegation Identify possible witnesses tvhatn the complainant believes can provide factual information about this allegation State the action requested by complainant 751-39 K%p—,X Vh V'ht-,& 4...V64� wju ,�wttwltn..un��� bph tunu"a tird tiwrru"a h,g 4.,jhpwb: ❑ - wi°f% -M ;ql v vcq o I FTIn m I ❑ GIU�tIi'�1�f�'��cs&tsstso iv"s�i;trls tast�slusa�l�s1 czs � Motka kal�tion ya gaugin llntUngnu' manatai pat fitittingnn' knmentos Chamorea. Owaeite oval kvadratid ako 61tate ill govorite hrvatski jezlk. ❑ Zall(rtneete tuto kolonku, pokud etete a hovoifte eesky. Kruis dit vakje am als u Nederlands kuut lezen of sprekeu; Ivlark this box if you read o'r speak English, 751-40 1. Arabic 2, Armenian 4. Cambodian 6. Chamorro 6. Simplified Chinese 7.Traditional Chinese E IV 9. Czech 10. Clutch 11. English 12. Farsi 9mnamTnn end St'M 5flavAdnffnR n U.S. CENSUS BUREAU 751-41 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian PMTiM11 Cocher ici si vous lisez ou parlez Ie frangais. Mtuzen Sic dieses Kastchen an, wenn Sie Deutsch lesen oder sprechen. Fyrl E,6Ctte auto TO nl.auno av Sta(ia(e-re r µtaate EXX11VOC6. Make kazye sa a si ou li oswa ou pale kreyb] ayisyen. 3TrF 3TTQ fc-i�r 41TT(i zrr qe c ft at i�v ur-Tu uR f�iT 77M I ® Kos lub voj no yog koj paub twin thiab hais lus Hmoob. Jelolje meg ezt a kockdt, ha megerti vagy beszeli a magyaT nyelvet. EEdaytoy nga kahon no makabasa wenno makasaoka id Ilocano. Marchi questa casella se legge o parla Italiano. ❑ 13� o�PIL�/���� o�l". o'JlaA�1�. �.�1�4J�7J��\/�.G�`a zj � 1 L+ ° T °,.1, 6 01 �i�. °71 s .hl `oj.t� hj �0.. El 2uw�u2�Qe�u q�u�ue�und�nw�a�a�o. Prosimy o zamaczenie tego kwadratu, jeich postuguje sig Pan/Pani j�zykicm polskim. U.S. OEPABTMENT OF COMMERCE 9mnamTnn end St'M 5flavAdnffnR n U.S. CENSUS BUREAU 751-41 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian PMTiM11 Assinale este quadrado se voce 16 ou fain portugu@s. ❑ Ynsemuali aceasta casula data citili sau vorbili romuneste. 1TomcTL,Te aTOT KBaApaTI3K, ecru B6r "TaeTe tmff rOBOPBTe rrO-pycCKkr. 06ene)KHTe osaj Kna,UpaTHh yKotruxo exzaze ins roaopxTe, cprrcKH jeaBK. Oznacte tento atvorcek, ak viete Mae alebo hovorif po slovensky. Marque esta casilla si lee o habla espanol. ❑ Markuhan hong kuwadcado kung kayo ay memnong magbasa o magsalita ng Tagalog. ❑ 9NmtnToaurnuaalutloan�vi�ud�uuioylnnnv�`1nu. ❑ Maaka'i he puha ni kapau'oku ke lau pe lea fakatonga. ❑ BipMiTVTe Uro rrrriTusxy, AK190 BB yBTaeTe a6o rosopnTe, yxpaiYrcbtmro Moaoro. ® Xin danh dau vao 6 nay nj5u quy vi bi& doe va noir du'gc Vi8t Ngti. ❑ .v))T>N u'ivi lviN uw)5 'i5N anN'7uuvp ov'r u)95>YNa nBaaon U.S, DEPARTMENT OF COMMERCE Ec namNo andsWlstlts Adminlstntlaa 751-42 U.s, CENsus aUR5AU 26. Portuguese 27 Romanian 28. Russian 29. Serbian &Mre , q 31. Spanish 32.Tagalog 33, Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish Farm Social security number Request for Taxpayer Give Form to the (Rev. DIdentification !1OtM.f7,1'!1.1!1r1y Number and Certification entities, it Is your employer identification number (EIN), If you do not have a number, see How fo get a requester. Do not Depadm TLV on page 3. Note. If the account Is in more than one name, see the instructions for line 1 and the chart on page 4 for send to the IRS. Internal Revenue Service m I II i Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank. I I 2 Business nomdisregnrdod entity name, if different from above I� N m bl 0. � 3 Check appropriate box for federal tau classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain amities, not individuals; are o ❑ Individuatlsole proprietor or ❑ C Corporation ❑ 5 Corporation ❑ Partnership ❑ Trust/estate instructions on page S): o. o v single -member LLC ❑ Limped Ilability compary. Enter the tax classification (G_C corporation, S=S corporation, Pnisulnershipl ► Exempt payee code (if any) `q Note. For a single -member LLC that is disregarded, do not check LLG; check the appropriate box In the line above for Exemption from FATCA reporting the inx classification of the single -member owner, code(Ifany) a` ❑ Other(.. Instructions)` l4rAr•vree��m,ma msmi•moao„mu*m*us.) u 5 Address (number, street, and apt, or suite no.) Requester's name and address (optional) 0 a m picky, state, and ZIP code e OR 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided roust match the name given on line i to avoid Social security number backup withholding. For individuals, this Is generally your social security number ISSN). However, for a resident alien, sole proprietor, or disregarded entity, sae the Fart I instructions on page 3. For otherFM [11 entities, it Is your employer identification number (EIN), If you do not have a number, see How fo get a TLV on page 3. Note. If the account Is in more than one name, see the instructions for line 1 and the chart on page 4 for or Employer identification number, guidelines an whose number to enter. m I II I I I I I� Under pelaaltles of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or i am waiting for a number to be Issued tome); and 2. lam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 are a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must crass out Item 2 above If you have been notifled by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. bignI Signature of Here U.S. person Data General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release It) Is at ivww.h's.gav/lw9. Purpose of Form An Individual or entity (Form W-9 requester)who is required to file an information return wlth the IRS must obtain your correct taxpayer Identification number RIM which may be your social security number ISSN), Individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATI N), or employer Identification number (EIN), to report on an Information refer n the amount paid to you, or other amount reportable on an Information return. Examples of Information returns include, but are not limited to, the following: • Form 1099-INT(inlerest earned or paid) • Form 1099 -DIV (dividends, Including those ram stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-a (stock w mutual fund sales and sedate other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) * Form 1098 (home mortgage Interest), logs -E (student loan Interest), toga -T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requesterwith a TIN, you might be subject to backup withholding, See What Is backup wlthholdingf on page 2. ey signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are welting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S, exempt payee. If applicable, you are also certifying that as a U.S, person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (If any) Indicating that you are exempt from the FATCA reporting, Is correct. See What Is FATCA reporting? on page 2 for further Information. Cat. No. 10231X 751-43 Form W-9 (Rev. 12-2014) Form W-9 (Ras. 12-2014) Note. If you area U.S. person and a requester gives you aterm other than Form W-9 to request your TIN, you must use the requester's form if It is substantially similar to this Form W-9. Definition of a U.S. person, For federal tax purposes, you are considered a U.S. person if you are; • An Individual who Is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnerships. Pan nerships that conduct a trade or business In the United States are generally required to pay a withholding tax under section 1446 on any foreign partnere' share of effectively connected taxable income from such business. Further, In certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1446 withholding tax. Therefore, If you are a U.S, parson that is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership Income. In the cases below, the fallowing parson must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on Its allocable share of net Income from the partnership conducting a trade or business In the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the baneficlarlea of the trust. Foreign parson. If you are a foreign person or the U.S, branch of aforeign bank that has elected to be treated as a U.S. person, do not use Form W-0. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident If.. who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S, tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from lax to continue for certain types of Income even after the payee has otherwise become a U.S, maldsnt ellen far tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an oxemptlan from US. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five Items: 1. The treaty country. Generally, this must he the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the Income. 3. The article number (or location) in the tax treaty that contains the saving clause and Its exceptlons. 4. The type and amount of Income that qualifies for the exemption from lax. S. Sufficient facts to justify the exemption from tax under the terms of the treaty Wilda. Example. Aitde 20 of the U.S: China Income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily presebl in the United States. Under U.S, law, this student will become a resident alien far tax purposes If his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S: Chlna treaty (dated Aprli 30, 1909) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualities for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the information described above to support that exemption. If you are a nonresident alien ora foreign entity, give the requester the appromiate completed Farm W-8 or Form 8233. Backup Withholding What Is backup withholding Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding Induda Irdemsq tax-exampt Interest, dividends, broker and better exchange transactions, rents, royalties, nonemployee pay, paymonts made In settlement of payment card and third party network transactions, and certain payments from fishing boar operators. Real estate transactions are not subject to backup withholding. You will not he subject to backup withholding on payments you recalvo Ifyou give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your lax return. Payments you receive will be subject to backup withholding If. 1. You do not furnish your TIN to the requester, 2. You do not ocHlfy your TIN when required (see the Pad Il Instructions an page 3 far details), 3. The IRS tette the requester that you furnished an Incorrect TIN, 4, The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or 5. You do not certityto the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Farm W-9 far mora Information. Also see Special miss forparinerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons, Certain payees are exempt from FATCA reporting. See Exemption tram FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reporlab a payments In the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W -e if the name or TIN changes for the account; for example, If the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester, you are subject to a penally of $50 for each such failure unless your fallure Is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to 9$500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or imprisonment. Misuse of TINS, If the requester discloses or uses TI He In violation of federal law, the requester may be subject to civil and criminal penalties, Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for ajoint account, list first, and then circle, the name of the person or entity whose numberyou entered In Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name Without informing the Social Security Administration (GSA) of the name change, enter your first name, the last name as shown on your so alai security card, and your new last name. Note. ITIN applicant Enter your individual name as it was entered on your Form W-7 application, line ia. This all also he the same as the name you entered on the Form 1040/1040A/l 040EZ you filed with your application. In. Sale proprietor or single -in ember LLC. Enter your individual name as shown on your 1040/1040AII 040EZ on line 1, You may enter your business, trade, or "doing business as" (PBA) name on line 2. c. Partnere hip, LLC that is not a single -member LLC, C CorpaYatien, or S C onto orato n. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. it, Other entities, Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on Ilne 2. a, Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from Its owner is treated as a "disregarded entity," See Regulations section 301.7701 -2(c)(2)(111). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The Prime an line 1 should be the name shown on the Income tax return on which the income should be reported. For example, if a foreign LLC that Is treated as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.S, owner's carne is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded ontity Is a foreign person, the owner must complete an appropriate Form W-8 instead of a Form W-9. This Is the case even If the foreign person has a U.S. TIN. 751-44 Form W-9 (Rev. 12-2014) Line 2 If you have a bualness name, trade name, DBA name, or disregarded entlty name, you may enter it on line 2. Line 3 Chock file appropriate box in line 3 fol'the U.S. federal taxclassificatlon of the person whose name Is entered on line 1. Check only one box in line 3. Limited Liabillly Company (LLC). If the name on line 1 is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" In the space provided, If the LLC has filed Form 8032 or 2553 to be taxed as a corporation, check the "Limited Uabillty Company" box and In the space provided enter "C" for C corporation or "S" far 5 corporation. If it is a aingle-member LLC that Is adisregard ad entity, do not check the "Limited Liability Company" box; instead check the first box In line 3 "IndvIduallsole proprietor or single-memIder LLC:' Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter In the appropriate space in line 4 any cadets) that may apply to you. Exempt payee code. P Generally, individuals (Including sole proprietors) aro not exempt from backup withholding. a Except as provided below, corporations are exempt from backup withholding for certain payments, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. e Corporations are riot exempt from backup withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care Services are not exempt wlth respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code in the space In line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 401 If the account satisfies the requirements of section 401(1)(2) 2—The UNted Stales or any of Its agencies or instrumentalities 3—A slate, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions as Instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or Inatru armsdires 5—A corporation 6—A dealer In securities or commodities required to register in the United Steres, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(x) 11 —A financial Institution 12—A middleman known In the Investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described In section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, t through 13, IF the payment is for,.. THEN the payment is exempt for, .. Interest and dividend payments All exempt payees except for 7 Braker transactions Exempt payees 1 through 4 and e through 11 and all D corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovefed securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 5e Payments made In settlement of Exempt payees 1 through 4 payment card or third party network transactions I Sae Farm 1099-MISC, Miscalsmeoua Income, and Its instructions. ' However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 80450, and payments for services paid by afederal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the UU lted States by certain foreign financial Institutions. Therefore, if you are only submitting this form for an account you hold In the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may Indicate that acode Is not required by providing you with a Form W-9 with "Not Applicable" (or any Mother indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 601(a) or any individual retirement plan as detlned In section 77D7(a)(37) B—The United States or any of its agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which Is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(1) E—A corporation that Is a member of the same expanded affiliated group as a corporation described In Regulations section 1,1 472-1(c)(1)(0 F --A easier in securities, commodities, or derivative financial Instruments (Including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate Investment trust H --A regulated Investment company as defined in section 051 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined In section 584(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) M—A tax exempt trust Under section 403(b) plan or section 457(8) plan Note. You may wish to consult with the financial Institution requesting this form to determine whether the FATCA code and/or exempt payee code should he completed. Line 5 Enteryour address (number, street, and apartment orsulte number). This is where the requester of this Form W-9 will mail your information returns, Line 6 Enter your city, state, and ZIP code. Part 1. Taxpayer Identification Number (TIN) Enteryour TIN In the appropriate box. If you are a resident alien canyon do not have and comet ellgibla to get an SEN, yourTIN la your IRS individual taxpayer Idenfifiaatlon number (ITIN). Enter It In the social socurlly number box. If you do not have an ITIN, see How to get a 7714 below. Ifyou are a sole proprietor and you have an LIN, you may enter either your SSN or EN. However, the IRS prefers that you use your SSN, If you are a single -member LLC that is dlsregarded as an entity separate from Its owner (sea Limited Liability Company (LLC) on this page), enter the owner's SSN (or EIN, If the owner has one). Do not enter the disregarded entity's FIN. If the LLC is classified as a corporation or partnership, enter the entity's FIN. Note. See the had on page 4 for further clarification of name and TIN combinations. How to gat a TW. If you do not have a TIN, apply for one Immedlately. To apply far an SSN, got Form 88-5, Application for a Social Security Card, from your local SSA office or get this form online at wwwasa.gov. You may also get this form by calling 1-880-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an LIN, You can apply for an LIN spline by accessing the IAS wabaite at www,irs,gov/bustnesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-000-820-3676). It you are asked to complete Form W-9 but do not have a TIN, apply far a TIN and write "Applied For" In the space for the TIN, sign and data the form, and give It to the requester, For Interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject is bacll withholding on payments, The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester, Nota, Entering "Applied Far" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Fond Ms. 751-45 Farm W-9 (Rev. 12-2014) Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You maybe requested to sign by the withholding agent even If items 1. 4, or 5 below indicate otherwise. For ajoint account, only the reason whose TIN Is shown In Part I should sign (when required). In the case of a diereganded entity, the person Identified on fine 1 must sign. Exempt payees, see Skempt payee code earlier, Signature requirements. Complete the certification as Indicated In Items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1884 and broker accounts eensldered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts Opened after 1983 and broker accounts considered inactive during 1983, You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the Scotsmtan, you must cross out item 21n the certification before signing the form, S. Real estate transactions. You must sign the sent flcstlon. You may cross out Item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certllloatlon unless you have been notified that you have previously given an Incorrect TIN. "Other payments" Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health cafe services (including payments to o incoraltans), payments to a nonemployee for services, payments made In settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and grass proceeds paid to attorneys (Including payments to corporations). 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverd ell ESA, Archer MSA or HSA co ntributlons or distilbutiori and pension distributions. You must give your correct TIN, but you do not have to all the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The Individual 2. Two or more individuals Qoint The actual owner of the account or, account) if combined funds, the first individual on the account' 3. Custodian aces unt of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor Is also trustee) S. So-called treat account that is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(1) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner Individual A. A valid trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10, Association, club, religious, The organization cheritablo, educational, or other tax- exempt organization 11. Partnership or muld-member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Rogulatlons sectlon'1.671-4(b)(2)p) (R)) List first and cirnie the nems of the parann whmm number you furnish. If only One personal) a joint account has an SSN, that person's number most be furnished. °Circle the onfour's name and furnish the subm'.s SSN. ' You must show your Individual name and you mayalao maryour business or NBA name on the "Business name/disregarded entity' name [in.. You may use either your 5314 or FIN Of ynu have Orel, but the Ips encom.gm you to use your SSN. Ust bast and clonic the name of the tmsp estate, or penslon trust. (Do not furnish the TIN of the personal m,omms tiv. er tru don miles. the legal entity Itself le not designated In the account title.) Also see Speciaf rules forparfnamhfpa on page 2. •Note. Grantor also must prsA e a Form W -a to trustee of trust. Note. If no name Is circled when more than one name Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, SSN, or other identifying information, without yorx permission, to commit fraud or other crimes. An Identity first may use your SSN 10 get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer Is protecting your SSN, end • Be careful when choosing a tax prepares If your tax records are allected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your ax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Farm 14039, For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service R`AS) assistance. You can reach TAS by calling the TAS toll-free case Intake line at 1-877-777-4778 or TTY/ ICD 1-600-829-4059 Protect yourself from suspolous omails or phishing schemes. Phlshing is the creation and use of email and websites designed to mimic legitimate business omails and websites. The most common act Is sending an small to a user falsely claiming to he an established legitimate enterpprise In an attempt to scam the user Into surrendering private information that will be used for identity theft. The IRS does not billets contacts with taxpayers via malls. Also, the IRS does not request personal detailed Information through small or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you receive an unsolicited small claiming to he from the IRS, forward this massage to phushmIGPIrmgov. You may also report misuse of the IRS rents, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-600.366-4464. You can forward suspicious emails to the Federal Trade Commission at: spm®uce.gov or contact them at www.Hcgov7ldtheR or 1-077-IDTHEFT (1-877.430-4330). Visit IRS.gev to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons pncluding federal agencies) who are required to file Information returns with the IRS to report interest, dividends, or certain other Income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information an ilia form to file informatioh returns with the IRS, reporting the above Information. Routine uses of this Information Include giving It to the Department of Justice for civil and criminal litigation and to sides, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their law.. The Information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and crlmfoal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also op ply for providing false or fraudulent Information. 751-46 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2201 S. BRISTOL STREET (APN 015-194-23) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 751-47 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2201 S. Bristol Street (APN 015-194-23), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 751-48 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of '12017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: . ✓ M�nl Vin M. Funk Assistant City Attorney Miguel A. Pulido Mayor 751-49 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 751-50 EXHIBIT A LEGAL DESCRIPTION Real. property In the City of Santa Ana, County of Orange, State of Callfornla, desci lbed as follows: LOT 194 OF TRACT NO. 1192, IN THE CIN OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN GOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015.194-23 751-51 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 EXHIBIT B A aoG8400 aL _� �c }S 9Y. 4[NINVASG � Po 8s _ 4 � i 3 ¢ UIv 02 O Ne a O °'O x _ ._O O._O 0-1 F Resolution No. 2017 -XXX Page 6 of 6 (Marvrtal 910.43 751-52 -asa�s ppM a52 xaae� g 3�a,k i R�gyA g F� a I IN AV(NIIE' Ion C p 3 c 0— O. 1 al, I k IKs"R 0-1 F Resolution No. 2017 -XXX Page 6 of 6 (Marvrtal 910.43 751-52 -asa�s ppM a52 xaae� g 3�a,k i R�gyA g F� a I IN AV(NIIE' Ion 751-53 08/15/2011 THU 10:20 FAX PETERSON LAW GROUP PROFESSIONAL CORPORATION SUITE 290 19800 MACARTHUR BOULEVARD IRVINE, CALIFORNIA 92612 TELEPHONE (949) 955-0127 FACSIMILE (949) 955-9007 June 15, 2017 Clerk of the Council City of Santa Ana, City Hall 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 Facsimile: 714-647-6956 2001/001 1!117 JUN 15 I'm D 19 tTy OF A ANA Via Personal Delivery and Facsimile Re: Hearing on Resolution of Necessity — Victoria Vargas Bastida Bristol Street Widening Project APN 015-1.94-23, 24 2201 & 2205 S. Bristol Street, Santa Ana, CA ("Subject Properties") Dear Members of the City Council: This office represents Victoria Vargas Bastida, owner of the Subject Properties. Request is hereby made that this letter be made part of the record, and that we be given the opportunity to be heard at the hearing on the Resolution of Necessity. Ms, Bastida does not challenge the Resolution of Necessity for the Subject Properties, However, the prelitigation offer pursuant to section 7267.2 of the California Government Code is inadequate and does not rise to the fair market value standard. The offer reflects a depression in the surrounding area caused by the project, and thus the offer is project influenced, We look forward to working with the City in reaching a fair and just resolution of the acquisition of the Subject Properties that complies with the fair market value standard. CDP: cl Very truly yo s, �o Christopher D. Peterson 751-54 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2209 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGICPLANNOS. 6, 1G; 3,2C) CI MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2209 South Bristol Street (APN 015-194-25) declaring the public necessity and interest therefore. Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2209 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on January 30, 2017, in the amount of $568,025 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75J-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2209 S. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $568,025 are appropriated in the Bristol Street Improvements Project (No. 116741) for transfer to the State Treasurers Office Condemnation Deposits Fund in FY 2016-2017 from the following funds: $11,411 in the Select Street Construction Fund (Account No. 05917661 -66100), -and $556,614 in the Measure M2 Competitive Street Fund (Account No. 03217663-66100). Nit, I . �fL,� Fr Mousavip ur Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75J-2 MATCHLINE SEE BELOW RIGHT I I I i I I I noaaao-n j ST GERTRUDE PL I Igoe-a'7,-o,� I 5 oil of Bao , o,a.lea.sa�: 01S -194.24I -•—••� b15 -W4.28: } i LEGEND: SUBJECT PROPLPT,' - FULL dCCUIb ITIOT1 -F.f-ONPLD PPOPEPTIF3 i _ I I ST ANDREW PL I I ITr _..+..+...� ; CARLTON PL I I .. L..l.._L.. d GLENWOOD PL I I j CAMDEN PL i i i e QST ANNE PL ISO r•-r--�---r-- I ryl i I I `i MATCHLINE SEE TOP LEFT SANTA ASIA RESOLUTION DETERMINING PUBLIC CITY COUNCIL INTEREST AND NECESSITY FW A AGENDA DATE; FOR THE ACOUISITION OF REAL --. JUNE 20, 2017 PROPERTY AT 2209 SOUTH BRISTOL STREET (PROJECT NO. 16741 NONGENERAL FUND) PUBLIC WORKS A09,KY (Strategic Plan No. 6, 1G, and 3, 2C) PAGE 1 OF 1 75J-3 City of Santa Ana RECEIPT OF OFFER PACKAGE Bristol Street Improvements —Warner Avenue to Saint Andrew Place Parcel File No. 015-194.25 Owner of Record: R & S Properties, LLC Additional Owner(s) of Record: N/A Property Address: 2209 S. Bristol Street, Santa Ana, CA 92704 This is to acknowledge receipt of the offer package containing the following items: Offer tetter dated January 30, 2017 which includes: • Fair Market Value of the Subject Property (Exhibit A) • Preliminary Report Issued by Title Company (Attachment 1) • Property Legal Description (Attachment 2) • Statement of Just Compensation (Attachment 3) • Summary Explanation Statement (Attachment 4) • City of Santa Ana Handbook on Acquisition (Attachment 5) • Statement of Ownership (Attachment 6) • List of Improvements (Attachment 7) • Your Rights Under Title VI (Attachment S) • W-9 Form (Attachment 9) Please return the SIGNED Receipt of Offer Package In the envelope enclosed. R & $ Properties, LLC By: Its: Date: EXHIBIT 2 75J-4 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose sotorlo Sal Tinajero Juan Villages January 30, 2017 R & S Properties, LLC 7606 Fallbrook Ave, Suite 13 West Hills, CA 91304-3610 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California. 92702 714-847-5013 wm santa-ana-ora ACTING CITY MANAGER Gerardo Monet CITY ATTORNEY Sonia R. carvalho CLERK OF THE COUNCIL Maria D. Holzer Via Certified Mail SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO REALTY AT: 2209 S. BRISTOL STREET; SANTA ANA; CA 92704 APN: 016.194-25 Dear Property Owner, This Offer supersedes all previous Offers to Acquire. The City of Santa Ana ("City") is proceeding with its plans to construct Phase 4 of the Bristol Street Improvements Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists R & S Properties, LLC to be the vested owner of the above-mentioned property as shown in Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property", No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title, if more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know; the City had your Property appraised by certified appraisers for the real estate as well as improvements pertaining to the realty to determine its fair market value. The appraisals were conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisals, the City offers you a total compensation of $568,025.00. The Fair Market Value of the Subject Property, which serves as the basis for this offer is attached as Exhibit A. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. 75J-5 2209 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Handbook on Acquisition provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75J-6 2209 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Kathy Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841. Sincerely, Jason Gabriel, Principal Civil Engineer cc: Christopher D. Peterson, Esq. 75J-7 Fair Market Value of the Subject Property Land and structures $512,000.00 (as per attached appraisal summary statement) i. Fixtures and equipment pertaining to realty + $ 56,025.00 (as per attached inventory — see Attachment 7) 2. Total just compensation $568,025.00 EXHIBIT A i. The City has not made a determination as to the ownership of the Fixtures and Equipment. Landlord and tenant will need to come to an agreement as to the ownership of these items, before compensation can be withdrawn from Escrow. 2. The total just compensation offered assumes that the property Is free of any environmental contaminates or other conditions which may impact fair market value. 75J-8 CLTA Preliminary Report Form (Rev, it/06) `t$, }.M a,, rt Firs%14mermin r1do Customer Reference: ATTACHMENT 1 Order Number: OSA-4443269 Page Number: 1 Updated 08/24/2015 First American Title Company 4 First American Way Santa Ana, CA 92707 Order Number: OSA-4443269 (bdaa) Title Officer: Bob Davies/ Ashley Aegerter Phone: (714)250-3094 Fax No,: (714)913.6388 E -Mail: octitle2ralfirstam,com Property: 2209 South Bristol Street Santa Ana, CA PRELIit7INARY REPORT In response to the alcove referenced application for a policy of title insurance, this company hereby reports that It Is prepared to Issue, or cause to be. Issued, as of the date hereof, a Policy or Policies of Tlde Insurance describing the land and the estate or Interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any dell lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed Schedules; Conditions and stipulations of said Policy forms. The printed Exceptions and Exclusions from tire coverage and Limitations on Covered Risks of said policy or policies are set forth in Exhibit A :attached. The pollcyto be Issued may contain an arbitration clsuise. When the Amount oflnsurante Islcass darn thatSet foath In Ow arhirmtoo claus4 all arbiteable m ellatsstaafi be arbitratod otthe option oreltherMe Lbmpanyor the insured as the m4ustve remAllyollhe patties. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of hire Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Exhibit A. Copies of the policy forms should be read, They are available from the office which Issued this report. Please read tine exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit of this report carefully. The exceptionsand exclusions am meant to provide you with notice of matters which are not covered under the terms of the tine 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 lions, defects, mid encumbrances affecting title to the land. This report (and any supplements or amendments horele) Is issued solely for the purpose of facilitating the issuance of a polity of tire Insurance and no liability is assumed hereby, If It Is desired that liability be assumed prior to the Issuance of policy, of title Insurance, a Binder or Commitment should be requested. RiFtAtnerlean Title Page 1 of 14 75J-9 Order Number; OSA-4443269 Page Number: 2 Dated as of August 24, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or Interest at the date hereof is vested In: R & 5 PROPERTIES, LLC The estate or interest In the land hereinafter described or referred to covered by this Report is; FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1, General and special taxes and assessments for the fiscal year 201.5-201.6, a lien not yet due or payable, 2, The lien of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement shown or dedicated on the Map as referred to in the legal description For: Public utilities and Incidental purposes. 4. Covenants, conditions, restrictions and easements in the document recorded April 13, 1948 as hook 1750�pgge 1St4 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made In good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senlor housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded November 19, 1948 as Book 1762, Pam 484, and October 31, 1958 in Bonk 4467Pages 433 through 598, Inclusive, and in Boo l< 446IIt _Pages 1 through 121, inclusive, all of Official Records, F%1s't An7C1'ican Title Page 2 or 14 75J-10 Order Number: 05AA443244 Page Number: 3 S. An easement for public utilities and Incidental purposes, recorded May 12, 1948 as gook 1634E ap Ire 516 of Official Records. In Favor of; Southern California Edison Company Affects: As described therein An easement for public utilities and Incidental purposes, recorded June 2, 1948 as Book 1646, Pic e 155 of Official Records. In Favor of: Pacific Telephone and Telegraph Company Affects: As described therein 7, An easement for public street and incidental purposes, recorded August 12, 1980 as Instrument No. 13691 in Book .13G98&.Pacge_ 10o1 of official Records. In Favor of: The City of Santa Ana; a Municipal Corporation Affects; The Westerly 10.00 feet of said land 81 Abutter's rights of ingress and egress to or from Bristol Street, except that portion adjoining the southerly 17.00 feet of the Northerly 24.00 feet of said land, have been relinquished in the document recorded August 12, 1980 as Instrument No. 13691 in Book 13698Pae 1007 of Official Records, 9. A deed of trust to secure an original indebtedness of $372;000.00 recorded June 24, 2005 as Instrument No. 2005000491977 of Official Records, Dated: June 10, 2005 Trustor: R & S Properties,LLC Trustee: U.S. Bank Trust Company, N.A. Beneficiary: U.S. Bank N.A. 10. A deed of trust to secure an original indebtedness of $46,500,00 recorded June 24, 2005 as Instrument No. 2005000491978 of Official Records. Dated: Jame 23, 2005 "trustor; R&S Properties, LLC Trustee: Harumi Tomita, DDS Beneficiary; Harumi Tornita, DDS Fitst Amelican Title Page 3 or 14 75J-11 Order Number: OSA-4443264 Page Number: 4 Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title Insurance: i. Original note and deed of trust. ii. Payoff demand statement signed by all present beneficiaries. M. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a bust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company 11. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 12. With respect to R & S Properties, LLC, a limited liability company: a. A copy of its operating agreement and any amendments thereto; b. If it is a California limited liability company, that a certified copy of its articles of organization (LLC -1) and any certificate of correction (1-1-C-11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of Its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or Instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company Is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require First American Title Page 4 of 14 75J-12 Order Number: OSA-4443269 Page Number: 5 ---_----..,__.INFORMATIONAL NOTES-- ...__ Note: The policy to be Issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that Issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. General and special taxes and assessments for the fiscal year, 2014-2015. First Installment; $3,206.42, PAID Penalty: $0.00 Second Installment: $3,206.42, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P. No.: 015.194-25 2.. According to the latest available equalized assessment roll In the office of the county tax assessor', there is located on the land a(n) Commercial Structure known as 2209 South Bristol Street, Santa Ana, California. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title Insurance policy, if any, to which this map is attached. First American Title Page 5 of 14 75J-13 Order Number: OSA-4443269 Page Number: 7 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 192 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 39, PAGES 16 AND 17, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015-194-25 Firs[American TiNe Page 7 of 14 75J-14 _Number; � _m Page Number: 8 e ~� !,; «w © \ : X21 e ~� !,; / : T]! 0 0 e ~� _m«r Page 8 of 14 75J-15 0 0 e 5\�e• \\\a\G 0 �&x®. 2»e ,eye \§\ \ ION 2 ®. \; \ _eILIla ^ � � z _m«r Page 8 of 14 75J-15 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT 192 OF TRACT NO. 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 39, PAGES 16 AND 17, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 75J-16 ATTACHMENT STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP R & S Properties, LLC The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary") required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b). The appraisal on which this summary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. 75J-17 The property is being appraised for the possible full acquisition by the City of Santa Ana to assist in negotiations with the property owner for the possible full acquisition of the subject property as a part of the Bristol Street Widening Improvement Project, DESCRIPTION OF THE SUBJECT PROPERTY Ownership: R & S Properties, LLC Location: 2209 South Bristol Street, Santa Ana, California 92704 Assessor's Parcel No.: 015-194-25 Date of Value: November 29, 2016 Property Rights Appraised: Fee simple Site Area: Approximately 6,534 square feet, or 0,15 acre, according to public records. Zoning: According to the City, the larger parcel is zoned O (Park), within the Bristol Street Corridor Specific Plan designated by the City of Santa Ana. The purpose of the O District is to provide for permanent open spaces in the city. Present Use: Highest and Best Use (As Vacant): Highest and Best Use (As Improved): Commercial Retail development Continue the existing use Improvements: Public records indicates a building area of 854 square feet. Take -oft measurements made at the time of inspection indicate a building area of ±1,164 square feet which is utilized in the valuation. It was originally constructed in 1980. Description of Acquisition: A full acquisition is proposed 75J-18 SALES COMPARISON APPROACH The estimated fair market value of the subject property Is based on improved sales data for other properties with essentially the same utility and amenities. The subject property is located on a primary arterial street and the property benefits from good access and visibility. To analyze the value of the subject property, a search was conducted of the market area for similar improved office building sales. Very few transactions were found in Santa Ana. The search was expanded to surrounding areas and included small office buildings that sold throughout Orange County since January 2015, built before 1990 and between 1,000 and 10,000 square feet in size. Of the comparables discovered, the six most similar properties were chosen for comparison. The comparables reflect selling prices ranging from $385,000 to $1,175,000, which is approximately $302 to $472 per square foot of building area, or approximately $52 to $161 per square foot of land area. Office buildings of this size are primarily purchased for owner -occupancy whereby the fee simple interest is conveyed. The primary approach used in this market by owner -users is the sales comparison approach. As such, the sales comparison approach is developed to provide an indication of the fee simple market value. The comparable sales are analyzed using the price per square method, which is the typical basis used by buyers in this market. This unit of measure provides a reliable basis of comparison for the assignment. As a check to the reasonableness of the conclusion price per square foot of land area is also reviewed. Adjustments are considered for transactional differences as well as for physical differences between the subject property and comparables. Included on the following page is a Comparable Improved Sales Summary. 75J-19 75J-20 CAM PARABLE IMPROVED SALES SUM MARY Location COE Date Bldg Size SF Year Built Bales Rice APN Doc No. Land Area Sc Site Co, Price PSF/Bldg Comments Price PSF/Lend SLID -ECT PROPERTY 2209$&18.1 Sms, WApp 1,164 1986 WApp Thaabject grope-ty isutliizei asadankd menta Ana,CA92704 Wfpp 6,534 1@% WApp office. tocalei mid -black an Bristol S., with good vistally. AAT= approx. 35,000 cpd 016-194-25 Comparable No. 1 3105 Mein Sreet 7/14/2016 2,120 1917 $640,000 Sngletanwt commercial building weed me Santa Alla, CA92701 321338 8,025 35% $301.89 bakery for the lust 80 year& The broke reports 390-28MB $106.22 nN.v roof, Netting, exterior pant and or Guenter: Barbara Lynne Orr and (merge fbLo t Mderdr, A al, conditioning unit, Qanlee: 3641 LaSagaPcal F4Rn.RrtnasI-LC Comparable No. 2 151714th Cres 7/23/2015 1,200 1924 $385,000 tae of.b.ilding icrread near the Fedxa Santa Ana, CA92701 382743 7,405 16% $320.83 Court Arllding. Average acceg'Nnhillty on 398-392-19 $51.99 secondary trot, The broker reports that the Grantor: Ptztf Karhe' propeiy is in weraae mime condition, end In need of updating, Grantee: Nrmer4 LLC Comparable No, 3 1502 N Man Bros. A= 1,767 1919 $586,123 Oder BRmnvatal for office use, Gv d Santa Ana, CA 92701WA 7,733 23% $331.77 accaYvldb111ty on an ale' IN street. pier see In 006-153-12 $75.80 May 2013 for $449,000, or $254/87, Qallor: Wk Family Trust cartes: WA Comparable No. 4 924 E Onspun. Avenue 9/2912016 2,224 '1921 $1,050,000 Converted S -R usel for an of Oce. Gond Ganga CAS2866 47422 6,534 34% $412,12 a:c Nhlllty on an creedal srotl. 390-351-02 $150.70 Grantor: toast Sera League, Inc, C?&nice: ❑23 LLC Comparable No. 5 7891 Westminster Bauierxd 9/1312016 2,586 1056 $1,175,000 87R converted for office use Average Wa:tminser, CA 92683 435061 13,876 19% $454.37 of Idbility on ai arteria tree, 096325-03 and -24 $84.68 Qantor. Fichad tong The Nguyen Grantee: LDHT Family F1 nineties 75J-20 Conclusion After adjustments for market conditions, the comparables establish a fair market value range for the subject property between $309 and $479 per square foot as shown in the following table. Comparable Nos. 1, 2 and 3 are rated inferior, while Comparable Nos. 4 and 5 are rated superior. Based on the subject property's size, location and condition, a value above $348 per square foot, but below $461 per square foot is indicated for the subject property. Indicated Values Comparable Overall Indicated $/SF No. Comparability 4 Superior $479 5 Superior $461 Subject $440 2 Inferior $348 3 Inferior $315 1 Inferior A fair market value of $440 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of November 29, 2016, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 1,164 SF X$440 PSF $512,160 ROUNDED 75J-21 $512,000 INCOME APPROACH The subject property is an owner -occupied, single-family residence which has been converted and utilized as a medical office building, As such, the fee simple value is analyzed using market rent and expenses. Market Rent Analysis A survey of Santa Ana and the surrounding cities for recently executed leases and asking rents for office space ranging from 656 to 3,279 square feet in size is used in the analysis. The important factors considered during selection of the comparables include location, building area, visibility and access. The search focused on properties with arterial street visibility, but data for such properties was found to be somewhat limited; however, sufficient data was available to estimate a market rental rate for the subject property. The survey properties indicate that rents are written on a triple -net, modified gross, and full service gross basis. For valuation purposes, a triple -net basis will be utilized. For triple -net leases, the tenants pay operating expenses such as property taxes, insurance, tenant utilities and janitorial, common area maintenance and utilities, building repairs and maintenance, security, parking and sometimes management (or a portion of management). These expenses are normally recouped by the landlord in the form of an expense reimbursement charge. The landlord is still responsible for non -reimbursed management (collecting the check and watching over the property) miscellaneous expenses such as those incurred between tenancy, accounting, legal, miscellaneous and replacement of short-lived items such as the roof, air-conditioning units and exterior walls, if applicable. Based on the review of the rental data and after consideration for differing property characteristics, it is concluded that a rental rate of $1.80 per square foot per month, triple -net, for the subject property is reasonable for the analysis and is used in the direct capitalization analysis. The estimated market income for the subject property is calculated in the following table: CONCLUDED MARKET RENT Building Market RentlSF Market Annual Market Size Mo. Rent/Mo. Rent 75J-22 1,164 SF $1.80 $2,095 $25,142 Vacancv and Collection Loss Small office buildings are most frequently purchased for owner -occupancy and are analyzed using the sales comparison approach, with values calculated assuming no vacancy or collection loss. However, from the perspective of an investor, a stabilized vacancy and collection loss within the historical range is usually applied, assuming a five- to 10 -year holding period. An estimated stabilized vacancy and collection loss of 3% is considered appropriate for the direct capitalization analysis. Expense Analysis The subject property is an owner -user office building. Typically, leases for similar buildings in this market are written on a triple -net lease basis, where the tenant is responsible for operating expenses for the property including: taxes, insurance, utilities, common area maintenance, building repairs and maintenance. The owner is responsible for management, miscellaneous expenses, and administrative costs. The capital value analysis has been analyzed on a typical triple -net basis. Overall Capitalization Rate A review of sales and listings of office properties found that reported OARS reflect rates from 4.00% to 5.00%. These sales are considered the best evidence of an appropriate capitalization rate for the subject property. 75J-23 DIRECT CAPITALIZATION ANALYSIS Office Building 2209 S. Bristol Street Santa Ana, California INCOME: Rental Income Annual Market Rental Income Monthly Imetal Income $1.80 FG: x 12 Months $25,142 Total Leaseable Area 1,164 FF Total Potential Gross income $25,142 Vacancy 3% $23,784 754 Effective Gross Income Indicated Value at Market fent $24,388 REIMBURSABLE EXPENSES: $500,000 $/SF Management 2.0% ($0.42) ($468) lem'Ves 1$0 101 IQ116} Total Reimbursable Expenses ($0.52) ($604) 604 Net Operating Income $23,784 Capitalization Rate 4.75° Indicated Value at Market fent $500,715 ROUNDED $500,000 *Difference may be due to rounding. Income Approach Conclusion The direct capitalization analysis and resulting indication of market value via the income approach is shown on the following page. The indicated fair market value, as of November 29, 2016, is as follows: INDICATED VALUE - INCOME APPROACH $500,000 75J-24 CONCLUSION OF VALUE The approaches most often relied on by buyers of this type of property have been developed. Thus, the sales comparison approach Is developed as the primary value indicator. The cost and income approaches are rarely considered by buyers in this market and are less reliable than the sales comparison approach as the typical buyer of the subject property would be an owner -occupant.. There are limited investor sales with reported overall capitalization rate data in this building market segment and data for signed leases is of limited quantity and quality, The income approach has been developed, but is given less weight in the final conclusion of value. The cost approach is rarely used by buyers in this market and does not tend to produce reliable valuation results, the cost approach has not been developed. Considering the data and analyses presented, the opinion has been formed that as of November 29, 2016, the fair market value of the subject property is: INDICATED VALUE Sales Comparison Approach $512,000 Income Approach $500,000 Reconciled Value (Rounded) $512,000 The above is a summary of my appraisal prepared at the request of, and to be used by, the client to comply with Code of Civil Procedure Section 1255.010(b). My appraisal is the basis for this summary and was made in accordance with accepted appraisal principles, consistent with California Valuation Law. Stephanie L, Kavanaugh, Certified General Real Estate Appraiser, Certificate No. AG030565, provided assistance in this assignment. BY: Of, w Elizabeth M. K1i At, AI-GRS Certified General Real Estate Appraiser Certificate No, AGO05391 Expiration Date; April 13, 2018 Dated: January 10, 2097 75J-25 CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statenicats of fact contained in this report are true and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported. assumptions and limiting conditions and are our personal, impartial, and unbiased. prormsioua l analyses, opinions, and conclusions. 3. We have previously appraised the subject property in our file NO. 15-5292, dated December 5, 2015, A. We have performed no services, as appraisers or in any other capacity, regarding (lie property that is the subject of this report within the past three-year period immediately preceding acceptance of this assignment. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment. 6. Our engagement in this assignment was not contingent upon the developing or reporting predetermined results, 7. Our compensation is not contingent on the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. & Out analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice, 9. Stephanie Kavanaugh has made a personal inspection of the property that is the subject of this report. Elizabeth M, Kiley has not made an inspection of the subject property, but has fiilly participated in the analyses, opinions and conclusions concerning real estate contained in this report and fully concurs with the conclusions expressed herein, 10. No one provided significant real property appraisal assistance to the persons signing this certification, 11, The reported analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the Code of Professional Ethics and. Standards of Professional Appraisal Practice of the Appraisal institute. 12. The use of this report is subject to the requirements of the Appraisal TnnAitute relating to review by its duly authorized representatives, 13. As of the date of this report, Elizabeth M. Filey has completed the continuing education program for Designated Members of the Appraisal Institute, Elizabeth M. Kiley, MAI, Al-GRS Stephanie L. Kavanaugh Certified General Real Estate Appraiser Certified General Real Estate Certificate No. AGO05391 Certificate No. AG030565 Expiration Date: April 13, 2018 Expiration Date: April 12, 2017 75J-26 ATTACHMENT SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the zeal property being purchased unless you have heretofore waived such entitlement. You are not required. to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of youur property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contracts) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and. owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation. is siunmarized on the attached Appraisal Summary Statement (Statement of'Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and Reflects the definition of"fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed. to by a seller being willing to sell but tinder no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy butu nder no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to xeject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75J-27 ATTACHMENT 5 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75J-28 Door Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Unitorm Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniforr Act), or similar State Legislation and em nent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief smumany of the City's acquisition procedures and various laws it isnot intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75J-29 AME OF CONTE, NTS PAGE WHY IS MY PROPERTY REQUIRED? 1 WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? 7 WHO MAKES THE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCK TO OFFER ME FOR MY PROPERTY? I WHAT IS FARC MARKET VALUE? 1 HOW D OES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO TIM APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC 7 PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF NST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT TIRE CITY'S INITIAL OFFER? 3 MAY IHAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? q WILL I HAVE TO PAY ANY SETTLEMENT COSTS? $ MAY' I KEEP ANY OF TIIE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? S CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO TIM CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOONMUST I MOVE? 6 AMIENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, IIO W ABOUT MY GI LOAN? 7 My PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF IHAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75J-30 WHY IS MY P OPERTY RE, QUMED? The City of a"anta .Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street. WfIAT RIGHT DOES THE CM HAVE' TO ACQUIRE MY MOPERT Y! Every public agency has certain powers that are necessary for it to operate effectively, For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in Ibis brochure. WHO 1 MKE'' S THE DECISION TO BUY MY FROFERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WALL THE CITY DETERM NE HOW MUM TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "Just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAM A AR ET VALUE? The fair market value of real property being taken for a public project Is the highest prlce on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 75J-31 ty t HOW DOES AN APPRAISER D1TERMINEi T= FAIR MAWMT VALUE, OF lid PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: How it compares with similar properdes in the aroa that have, been sold recently. How much it would cost to reproduce the buildings and other structures, less any depreciation. How much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CHANCE TO TALK TO THE APPIIAISER? YES, You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you belleve may add to the value of your property, It is in your best interest to provide the appraiser with all the useful information you can in order to insure that: nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of £undurg; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN TIIC CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement win include: b The recognized deEnition of the term "fair market value" or the equivalent term. 75J-32 m The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired. • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value, • The amount of the oftbr. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be sepat'ately stared and shall include the calculations and nartative explanation supporting the compensation, including any offsetting benefits. • An indication that the off0r does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRATSALY YES. Pursuant to the California Code of Civil ProcedureSection 1263,025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subj cot to the following conditions; • You may order your own Independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select .must be licensed with the California State Office of Real Estate Appraisers (ORE.A ). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Soma Ana, Public Works.Agency, 20 Ovie Center PlazaM--36, San taAYxa, CA 92702, within ninety days of the earliest of the following dates: (1) the data the selected appraiser requests payment from you for the appraisal, or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concumentv✓ith submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 3 75J-33 IFI ACRES TO ACCEPT TM CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time, Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the nocessary proof, (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recoxded mortgages, liens and other instruments affecting your ownership of the property_) WHAT HAPPENS IF I DO NOT ACRE TO TIME FINAL PUnCIIASE O { (ER By THE CITY? If you and the City are unable to roach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT RWYEI NS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if 1) the public interest and necessity require the project, 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions,. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. Dining the condemnation action, you will be provided an opportunity to introduce your evidence as to the value ofyotu property. The City will have the same right. After hearing the evidence of all parties, the court or a. jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of those professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses, VVRH T IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75J-34 court, This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with tho court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the d4orenee plus any interest and costs as provided by law. WILL I HAVE TO PAYANY SETTLEMENT COSTS? If you and the City enter into all agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of: m Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. ® Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Read property taxes covering the period af}erthe City acquires your property, Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid say of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encurabrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE PIlMMNGS OR OTHER )W OVEMENTS ON MY PROPERTY? Sometimes, improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. if you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to anew location. . 5 75J-35 CAN TIS CITY TAKE ONLY A PART O& MY PIR OPERTY? YES. But, if the purchase of only a part of your properly reduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO TIM, CITY AFTER MY PROPxRTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short terra or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOONMUST IMOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before YOU receive the agreed purchase price. in the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property, In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement ,property must be available before you can be required to move. AM I ENTITLED TO RE' COVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil procedure Section §1263.510 Loss of Goodwill Compensation Basis: (a).The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensate d for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by takhrg steps slid adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 75J-36 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (6) Within 'the meaning of this article, "goodwill" consists of the benefits that accrue to a business as a result of its location, xoputation for dependability, sldll or quality, and any other circrunstances resulting iii probable retention of old or acquisition of new patronage I AM A VETERAN, :SOW A-UOIIT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORM MORE NOW TRA.N WREN I IJOUGMr IT. MUST I PA'Y' CAPITAL GAINS TAX ON THE IDICREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Sex -vire (IRS) Publication 344, "Sales and Other Dispositions of Assets" Is available from the IFS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income fax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75J-37 ATTACHMENT 6 STATEMENT OF OWNERSHIP PERSONAL PROPERTY, TENANT IMPROVEMENTS, FIXTURES AND EQUIPMENT PARCEL NO.: PROJECT: CCU: TENANT'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Date: Tenant PROPERTY OWNER'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Date: Property Owner _ Please have each signature on this document notarized, 75J-38 ATTACHMENT 7 MODERN AGE DENTISTRY DBA AMERICAN SMILE FAMILY DENTISTRY IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- OCTOBER 15,20 15 Fair Market Item No. Qty. Description Value in Place I 1 Sign, channel letters, 8"-12" high, metal cabinet, interior $4,700 illumination, plastic fascia, metal trim cap, "American Smile", I O' x 4' metal cabinet backing, with illuminated accents I logos / box signs, vinyl letters, "Family Dentistry / (1 714-622-2333), electrical, wall-raounted 2 2 Signs, 78" x 3', metal cabinet, interior illumination, 6,850 plastic fascia, vinyl letters, "American Smile", pedestal mounted, 24" high, painted sheet metal enclosure 3 1 Dcor/window blinds, 30" x 6, 2" wood slots, horizontal 65 4 1 Television wall mount, metal 105 5 1 Service/reception counter, 65" x 16", laminate ISO 6 4 Surveillance cameras, manufacturer and model no. not 1,500 available, dome housing type, including'wall mounts and video cabling to DVR 7 1 Alarm system, Honeywell, consisting of 560 1 Control panel 1 Code, pad 2 Motion sensors 2 Door contacts 2 Glass break detectors 8 1 Built in reception desk, 14 linear feet x 24" deep, 1,900 laminate, double pedestal, 4 -drawer, including side service counter, 36" wide x 15" deep, laminate 9 1 Wall shelf, 7' x 3'x 12", laminate, 3 -tier, 15 cubbyholes 300 10 2 Medical wall shelves, 31" x 91 " x 14", laminate, 5 -tier, 1,500 2 lower doors 11 I Wall mirror, 60" x40", beveled edge 175 12 4 Ceilingspeakers, l2"diameter, including audio cabling 625 to stereo, through -roof 75J-39 MODERN AGE DENTISTRY DBA AMERICAN SMILE FAMILY DENTISTRY IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 15, 2015 Pair Market ]tern Value in No. Qty. Description Place 13 104 Square feet ofverticalvindow blinds, 3.5" slat, plastic 875 14 2 Thru-wall X -Ray cabinets, 4'x 4'x 16", laminate, dual 2,900 sided, bifolding doors 15 4 Operatory dental cabinets, 4' x 19", laminate on wood, 3,750 4" high backsplash, 2 -door, 6 -drawer 16 4 Dental sink cabinets, 4'x 19", laminate on wood, 4" high 6,300 backsplash, 1 drop-in sink, 15" x 5" x 15", stainless steel, single mixing faucet, plumbing, I trash chute, 6" diameter, 4 -drawer, 2 -door 17 1 Wall cabinet, 36" x 30", laminate, 2 -door 305 18 1 Accordion/folding door, 36" x 80", vinyl i 190 19 10 Linear feet of built-in laboratory base cabinctry, 3,850 L-shaped, 24" deep, 4" high backsplash, 10 -drawer, 4 -door, I drop-in dual sink, 33" x 5" x 22", stainless steel, single mixing faucet, emergency eye wash, 20 10 Linear feet oflaboratory wall cabinetry, 30" high, 1,025 laminate, 6 doors 21 7 Linear feet of built-in laboratory base cabinetry, 2,800 L-shaped, 24" deep, 4" high backsplash, 4 -drawer, I drop-in dual sink, 33" x 5" x 22", stainless steel, single mixing faucet, plumbing 21 7 Linear feet of wall cabinctry, 30" high, laminate, 4 -door 725 22 1 Floor sink, recessed metal, metal grate top 1,000 23 1 Water heater, American, Model: Proline, 30 gallon 875 estimate, natural gas, with wood wall shelf, 24" x 24" 24 1 Lot of electrical setup and installation for dental vacuum 850 and compressor 2 75J-40 MODERN AGE DENTISTRY DBA AMERICAN SMILE FAMILY DENTISTRY IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 15, 2015 Fair Market Item Value ill No. Qty. Description Place 25 1 Lot of subterranean dental plumbing for air, water and 6,150 suction to 4 operatory rooms, estimated at 3/4" PVC/coppor, including I I£leen Plus water filter and 4jookoy boxes and connections to dental chairs 26 1 Built-in wall cabinet, 38" x 91" x 20", laminate, 4 upper 775 .tiers, I base cabinet, 2 -door 27 1 Built-in wall shelf, 34" x 91" x 12", laminate, 7 -tier 540 28 1 Lot of data cabling and computer networking tbru-out for 1,200 8 workstations, including wall jacks 29 2 Cabinets, Tx Thigh, 2 -door, 6 -tier, laminate 860 30 1 Lot of electrical connections, setup and installation for 1,500 4 operatory/ dental chairs 31 1 Lot of setup, installation and wall mounting for 2 intra- 1,125 oral x-ray units TOTAL IMPROVEMENTS PERTAINING TO TAE REALTY $56„025 Note: The following leasehold improvements were installed by the lessee. They are included in the related real estate appraisal report,, therefore, they are not included herein in order to avoid duplication of compensation. • Interior wall partitioning and doors • Vinylfloorcovering 11 75J-41 Epic Land Solutions, Inc. 40101 2601Airport drive, Suite 130 Torrance, CA 90SOS Phone: (3;1.0)986-2960 Fax: (310)891-3348 CITY OF SANTA ANA TITLE VI INFORMATION PACKAGE The prgject proposed by the agency listed above will be receiving:fedcral financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, oil, the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability, The enclosed Title VI package is being provided for your information to further explain your rights. The Packageincludes the following documents: • Title VIBooldet • Title VI of the 1964 Civil Rights Act and Related Statutes • Right of Way Title VI Survey Form with Self -Addressed Stamped, Envelope • Right of Way Title VI Discrimination Complaint Form • The 11S. Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title VI Survey form be completed and returned in the self addressed stamped envelope. If you read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on. the Language Identification Flashcard; or, if you. believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principle Civil Engineer City of Santa Ams 20 Civic Center Plaza M-36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.CplcLand,com 75J-42 LU O > _S z n 0 00 42 OEI m a. i @ a M oU 00 Z D o �y N N L m u o W=0O Uii.v ONQ�O�d-iOui v _Ow oSue m VIOa 0c� On cm �guoim L`fdr.�Nq Ova �Ow m. in `G .�°i.. �n 4c q? a± N pkpn. ,O rvr C� Q O I'r V OO _� 0Ow 0w "0�O'• .?4C�uL. V rmcn+ 75J-43 :t7 4 NY M1. C> O O ww C b u O C -d '6n G l.� -il U -d 'G _ U Y O a in Y? v W G 0� .h v' �.. a ,Y o c a E a .n ro .v ro Gao o a. o' y ,-S o o E c .S ed v o �' 'a o ¢ r9< .� t rti w o 03 w 17J bb 0 "'iO3l0 J, N•ro N OU v[ a •lu '�.Ca.(U�" Ii .Yo ba uvrFi, -uM �2 O.Y=GOyua cw�b.,aYoau ? o, o ° ` °c ;o °" ao u b 'o o W f m �E . o> . °L01oov> o O. O o U y(m 1" 'r i,O o Y b .Eb o Q `> hg, } 0 : .ov ao o ° ti,, p av mkE c $� E o ° i cm d ° ai a O '' 7• 4 m f" o u o u o m� o n n 'O. j= tj ° •E r C by m o a= >° •2 A b Z A � o to l.J L A > F Ll � +�" �. �"n �' E iR ww tj = m u c G a E t, p OC C3 v 3 b o •� b •G m a { ' yy�� E[,_ --�� L � ��C11011 (j 01 N YilCG V O A. 4A 4 � F -a 'F E [n` `ci a Li Va '� a O Y ,�. �. a � � �- Y �--qq" m .• ;C .Zia E w..� - bd .W `'1 a .c� � �„ o •3 o U Y° .R c v D rn°"TMr_.,.,. ro c u '°G ii u v °u c '.,n'c c,.�, -o `o .$ °, o a fl: •3 v c v °•. 5 E o c 'c a E 6 E F u$ o o: E v r a v° o- .� -an 'G • u ro° c E •o a w •c a �' > `w u a .�..= n�', = t-' r c n..� >° c 'S c o o U°° U w'� o U 75J-44 VS oa `ct a 0 tY o a rl O ti r4 i a G S CY lSY" W, A, 75J-44 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Noe 1 of 2 NONDISCRIMINATION STATUTES • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL-A1D RECIPIENT'S PROGRAMS OR. ACTIVITIES) The.Age Discrimination Act of 1975, as amended 42 U.S,C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROIIIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal fmsescial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAIrAF) PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S, Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has net compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid Highway Act, 23 U,SC. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE, BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P,L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title DC of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "For faii, uniform, and equitable treatment of all affected persons; ..,(and) minimizing the adverse impact of displacement ... (to maintain)... the econonde and social well-being of communities; and ... to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75J-45 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page2of2 The Americans with Disahfiities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government," (PROVIDED ENFORCEABLE, STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) " The Civil Rights Act of 1991, inpart, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impartment by non-governmental discrimination and impairment under color of State law." • Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(I) It shall be unlawful ... to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DIS CRWINATION IN THE SALE OR RENTAL OF HOUSING — FlUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of Way) • The Nall onal Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approachat each decision making stage of Federal -aid pxoject development. • Title DY of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973,29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under anyprogram or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PIIYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FHWA-HCR-06-006 75J-46 TITLE VI SURVEY PRRSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the regnested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Eachindividual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individnal by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRZ41NA.TION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please clreck the items below which hest describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: ^ Under 4C u 41-65 _ Over 65 RaceSthnicity: _ White _ American Tribe Black Pacific Islander _Hispanic _ Other _ Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering any physical disability or medical condition? _ Yes —No Are you a low-income fatally? _ Yes —No Enclosure 75J-47 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursamt to Iho Fodaml Privacy Act (P.L. 93L79) and the Incerallor, Practices Act of IB77 (CNII Code Seasons 179a, at Beg.), notice Is hereby given for the request of monemml informatlm by this form. The requested personal let ...do. is voluntary. The principal traumas ofthe voluntary Information is to facililata Ilea aemse ing of this learn. The failure to provide all or any part of the aquesied Infmmatien may delay processing of Ihia fomt. No disclosure of remnant infomation Whir be made unless parmis,lble under Article B, Basilan 1709.24 of the IPA of 1W7. Each individual hoe ileo of,, upan roquasl end paper Identification, to Inspect ell Pomona] infmmatlon In any reco d maintained on the IndfAc e.l by as Identifying particula, eireci any Inquides on Hfomatlon malnlenanes to your IPA Office. Dist Co BASIS OF DISCRIMINATION Rte Post ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diabihty ❑ Low -Income ❑ Non-English Speaker Provide data(s) and pita.. of alleged discrimination Describe thenature of the action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Known) responsible for the action, decision or condition of alleged discrimination Provide supporting informatieu known to complainant in support ofbis/her allegation Identify possible witnesses whom the complainant believes can provide factual information about this allegation State the action requested by complement 75J-48 ,"a�� 11 ,U„„•; yi i>"s; u:+s I.ilLayll I:La �a �Sl� �.,� i�'iarttimal' 41 e Sa Lna.rl' ttruanwtt,@ / lv,�i wJu Eafdh �uownrd' Ipdnl' Ilaerl tauP bwJLpkSr: dlfyfStiCnlfil il�SS&£iSt6 SU& �i to U§w1wrium that `I -- ® Moth i kahhon ya yaugin Qntangnu' manaitai pat flntOngnu' kanteutos Chamorro. ?1KI�fi1�'i'tjn'4����'C�li�•��a 1� ��Jl(;'��.r — Oznaoite ovaj kvadratic AD Sitate ili govorite hrvatski jezik, 0 ZaMutnke tato kolonku, poked etete a hovoifte cesky. l Kruis flit valcje sea als u Nederlands kraut lezen of sproken. �J El 'Mark this box if you read or speak Fngfish. El ..0 , C��Ap 1j fir° `y1 c l «M a al �tb u w9 s p my �I Cvmimnlos andsA UR U.S. CENSUSSURVAU 75J-49 1. Arabic 2. Armenian 3. Bengali 4. Cambodian 5. Chamorro 6. Simplified Chinese 7.Traditional Chinese 8.Croatian 9. Czech 10. butch 11. English 12. Farsi ❑ Cocher ici si vous lisez ou patlez In frangais. ❑ Kreuzen Sin diesel Kastchen an, wenn Sic Deutsch lesen oder sprechen. ❑ Ehµetwore auto to n? aioto av Simi&t ere'1 µl? ate EAItivix&. ❑ Make kazye sa a si ou h oswa ou pale kreyBl ayisyen. fHaiwt7itr tF5�r za w wqicr er cls' im zffFf rFT ftv F70 I Kos lub voj no yog koj paub twm thiab pais lus Hmoob. F 3elolje meg ezt a kock5t, ha megezti vagy beszeli a magyar nyelvet. [[:'Maikaain daytoy nga kation no makabasa wmao makasaoka iti Uocano. r Marchi questa Casella se leggc o parts Italiano, ❑ 024-18: kvtl�J trot of ��l��p l�l7zG Leo ❑ al-�i z z-� 714 z1--Ij�T x RAI* t� h� . ❑ 2m"U1jgUU esu j�u�ue�u l�nw�a�a�o. ❑ Prosimy o zaznaczenie Lego kwadtatu, jeaeli posiugaje sie PanlPani jgzykiem polskim. DB�Ros U.S. DEPARTMENT OF COMMERCE EeommnleP vtid g +tMles AJmlht 4 tion U.S, CENSUS BUREAU 75J-50 13, French 14. German 15. Greek 16. Haitian Creole 17, Hindi 18. Hmong 19. Hungarian Im1. .I• 21. Italian 22.Japanese 23. Korean 24. Laotian 25. Polish ❑ Assinale este quadrado se voc816 ou fala portugues. 6emnali aceasta casuja daca ciflli sau voibiti romanesste. ❑ IToAsea Te sTOT xuappaTea<, eciar Em =rplw( Te inm roRopwa no-pyceim. ❑ O6enex<xTe osaj xnagpTrxh yxonmrco �IxTare xnx ronopxTe cpncxvr jesxrc. Oznacte tento stvor6ek, ak viete 6ftaf alebo hovorif po slovensky. ❑ Marque esta casilla si lee o habla espanol. ❑ Mat'kahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. ❑ `ltimtesnatiiat�ufla`ludosci�vi�uo�uuiolyfln�rr�"lwe�, ❑ Maaka `i he puha ni kapau'oku ke Ian pe lea fakatonga. ❑ Hix,fi r,Te igo zcitiTxmcy, mcap ex =aeTe a6o rosopxxe yrspa4tevxoFo mtoaoto. ��UlJ4I1_bvlr) �LZ- 1�111 r ❑ Xin danh dais vao 6 nay nett qu j vi hiet Hoc va n6i dufgc Viet NgfT. ❑ VM)N a7vT VIN UV57» 'roN viN 5uovp wl u»»NN2 uc•a,run 75J-51 V y 2conomlce and SNOA.c aammi:tntlo U.S. CENSUS 9UREAU 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33, Thai 34,Tongan 35. Ukranian 36. Urdu 37.Vietnamese 38.Yiddish Form W - Request for Taxpayer Give Form to the (Rev. Decamber 2014) Identification Number and Certification entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a requester. Do not Department of the Treasury TIN on page 3. Send to the IRS. Internal Revenue Service I Name (as shown on your Income tax return). Name is required on this line; do not leave this fine blank. ci 2 Bueiness name/dlaregarded entity name, If different from above w 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to ° ❑ Individual/sole proprietor or ❑ C Corporation p ❑SGerporation ❑ partnership ❑TrusVestate t indi certain entities, not individuals; see v single -member LLC insiructionson poge 31: ❑ Limited liability company. Enter the tax classification (CmC corporation, 5=3 corporation, P=partnership) ✓ Exempt payee code (If any) `o Nota. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting r the tax classification of the single -member owner. code Of any) 5 p, G ❑Other (see lnatYGG110ne) (,1ppAeamaerounm mafntamNauftlCa m. us.) K S Address (number, street, and apt. or suite no.) Raqueater's name and address (optionag G N d re B City, state, and ZIP code W on 7 List account mannerist here(optionalt Miff Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given online 1 to avoid Social security number For Individuals, this is generally your social security number (page However, for a backup wlien, sole resident alien, sole proprietor, or disregarded entity, see the par[ I Instructions on page 3. For other entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account Is In more than one name, see the Instructions for line 1 and the chart an page 4 for I Employer identification number guidelines on whose number to enter. j—I— F—T-7—T—F Under penalties of perjury, I certify that: 'I. The number shown on this form Is my correct taxpayer Idontlfft atlon number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Servlce (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and S. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out Item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 does not apply, For mortgage Interest paid, acqulsltion or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certhIcatlon, but you must provide your correct TIN. See the Instructions on page 3. zsignI Signature of Here U,S. person t Date General Instructions Section references are to the internal Revenue Cade unless otherwise noted. Future developments. Information about developments affecting Form W-9 (9acli as legislation enacted after we release It) Is at rvacwha,bov)/WD. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), individual taxpayer Identification number(ITIN), adoption taxpayer Identification number (ATI N), or employer Wen Wron ing number (AN), to report on an Information return the amount paid to you, or other amount I'epohable on an information return. Examples of information returns Include, but are not limited to, the following: • Form 1099 -INT (Interest earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Farm 1099-5 (proceeds from real estate transactions) • Form I OWK (merchant card and third party network lmnaactlons) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T gulllon) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Farm W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What /s backup withholding? on page 2, By signing the filled -out form, you: 1. Codify guards, TIN you are giving Is correctleryou are waiting for a number to be Issued), 2. Certify That you are not subjact to backup withholding, or 3. Glalm exemption from backup withholding If you are a U.S. exempt payed If applicable, you are also codifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA come(s) entered on this form (if any) indicating that you aro exempt from the FATCA reporting, is correct. See Whatis FATCA reporting? on page 2 for further Information. Cat, No. 10231X 75J-52 Form W-9 (Rev. 12.2014) Farm W-9 (Rev, Note. If you are a U.S. parson and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If it Is substantially similar to this Farm W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you am: • An individual who Is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States; • An estate (other than a foreign estate); or • Adomestic trust (as defined in Regulations section 301.7701-7). Special rules far partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax under section 1446 an any foreign partners' share of effectively connected taxable Income from such business. Further, in certain cases where a Fool) W-8 has net been received, the rules under section 1446 require a partnership to Fractions that a partner la a foreign person, and pay the section 1443 withholding tax. Therefore, if you are a U.S. parson that Is a partner In a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 wRhhelding on your share of partnership income. In the cases below, the fallowing person must give Form W-9 to the partnership for purposes of mlabllshing Its U.S. status and avoiding withholding on its plausible shere of net income from the partnership conducting a trade or business In the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor It and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the US. frust (other than a grantor trust) and hot the beneficiaries of the trust. Foreign person. If you are a foreign pemon or the U.S, branch of a foreign bank that has elected to be treated as a U.S. person, do not use Farm W-9. Instead, use the appropriate Form W-8 or Form 3233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S, tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax 10 continue for certain types of Income even ater the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a lax treaty to claim an exemption from U.S. tax on certain types of Income, you must attach a Statement to Form W-9 that specifies the following five Items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the Income. 3. The edlele number (or location) In the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of Income that qualities for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the LLS. -China Income tax treaty allows an exemption from tax for scholarship Income received by a Chinese student temporarily present in the United States, Under U.S. law, this student will become a resident alien for tax purpo see If his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1934) allows the provisions of Allots 20 to continue to apply even after the Chinese student becomes a resident alien of the Unlled Slates. A Chinese student who qualities for this exception (under paragraph 2 of the first protocol) and is relying an this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that Includes the Information described above to support that exemption. If you are a femossident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233, Backup Withholding What is backup withholding? Persons making certain payments to you must under cedain conditions withheld and pay to the IRS 281/a of such payment¢. This is called "backup withholding." Payments that may be subject to backup withholding Include Interest, lax -exempt Interest, dividends, broker and barter exchange transactions, rents, royallles, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain payments from fishing beat operators. Real estate transactions at not subject to backup withholding. You will net be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Pad Il Instructions on page 3 for details), Page 2 3. The IRS tells the requester that you furnished an Incorrect TIN, 4, The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends an your lax return (for reparable Interent and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened star 1983 only-). Certain payees and payments are exempt from backup withholding. Sea Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a parllcipatng foreign thermal Institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more Information. Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments in the future from this parson. For example, you may need to provide updated information If you are a C corporation that elscts to be an 5 corporation, or Ifyou no longer are tax exempt. In addition, you must furnish a new Form W-0 If the name or TIN changes for the account; for example, It the grantor of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglact. Civil penalty for false Information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying Information. Willfully falsifying certifications or off iterations may subject you to criminal penalties Including lines and/or imprisonment. Mimme of TINS. If the requester discloses or uses TlNs in violation of federal law, the requester may be subject to clvll and criminal penalties. Specific Instructions Line 1 You must enter one of the fallowing on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 is for a joint account, list first, and than circle, the name of the person or entity whose number you entered In Pen I of Form W-9, a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of tha name change, anter your first name, the last name as shown on your social security card, and your new Iasi name. Note. In applicant. Enter your Individual name as It was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/104OA/1040EZ you filed with your application. R. Sole proprietor or single -member LLC. Enter your individual name as shown on your 104011040AII 040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. a, Partnership, LLC that is not a single -member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entitles. Enter your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that Is disregarded as an entity separate from Its owner is treated as a "disregarded entity," Sea Regulations section 301.7701-2(c)(2)(10). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the Income lax return on which the Income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S, owner's name Is required to be provided on line 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business nameldisregarded entity name." if the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 Instead of a Form W-9, This Is the case even If the foreign person has a U.S. TIN. 75J-53 Farm W-9 (Rev. 12-2014) Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter It on line 2. Line 3 Check the appropriate box In line 3 for the U.S. federal tax classification of the person whose name Is entered an tine 1. Check only one box inline 3. Limited Liability Company (LLC), If the name on line 1 Is an LLC treated as a partnership for U,S. federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. If the LLC has Bled Form 8832 or 255310 be taxed as a corporation, check the "Limited Liability Company' box and In the space provided enter "C" for C corporation or "S" for S corporation. If It Is a single -member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in line 3 "IndriduaUsole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter In the appropriate apace In line 4 any code(s) that may apply to you. Exempt payee code. • Generally, Individuals (including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including Interest and dividends. a Corporations are not exempt from backup withholding for payments made In settlement of payment card or third party network transactions, • Corporations are not exempt from backup withholding with respect to anameys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Farm 1099-MISC. The following codes Identify payees that are exempt from backup withholding. Enter the appropriate code In the space In line 4. 1—An organization exempt from tax under section 50 Its), any IRA, or a custodial account under section 403(b)(7) If the account satinfles ins requirements of section 401((/(2) 2—Tho United States or any of Its agencies or Instrumentalities 3—A state, the Distant of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or Instrumentalities 5—A corporation 6—A dealer In securities or commodities required to register In the United Stales, the District of Columbia, or a U.S. commonwealth or possession 7—A futures win mission merchant registered with the GolTlmodlty Futures Trading Gommlsslon e—A real estate Investment trust 9 —An entity mgletered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a hank under section 51 11—A financial institution 12—A middleman known In the Investment community as a nominee or custodian 13--A trust exempt from tax under section 664 or described In section 4947 The following chart shows types of payments that may he exempt from backup withholding. The chart appllea to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactlons Exempt payees I through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncavared securities acquired prior to 2012. Parte) exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct &nice aver $5,0001 1 through 5' Payments made In settlement of Exempt payees 1 through 4 payment card or third party network transactions 1 See Farm 1099-MISC, Mlseelleneous Income, and Its Instructions. 'However, the following payments made to a corporation and reportable on Form I090-MISO are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 61 and payments for services paid by a federal executive agency. Exemption from FATCA reporting code, The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this farm for accounts maintained outside of the United States by certain foreign financial Institutions. Therefore, if you are only submitting this form for an account you hold In the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A requester may Indicate that acode is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any Individual retirement plan as defined in section 7701(a)(37) B—The United States or any of its agencies or Instrumentalities C—A state, the District of Columbia, a U.S, commonwealth or possession, or any of their political subdlvisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described In Regulations section 1.1472-1(c)(1)(I) E—A corporation that is a member of the same expanded affiliated group as a corporation descnbed in Regulations section IA472-1(c)(1)O F—A dealer In securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options( that Is registered as such under the laws of the United States or any stale G—A real estate Investment trust H—A regulated Investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined In section 584(a) J—A bank as defined In ...flan 581 K—A broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) M—A tax exempt Gust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to dommilne whether the FATCA code and/or exempt payee coda should be completed. Line 5 Enter your address (number, street, and apartment or suite nunihary. This Is where the requester of this Form W-9 will mall your Information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the op proprlsts box, If you are a resident alien and you do not have and era not eligible to get an $SN, your TIN Is your IRS individual taxpayer Iwritifioation number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to gat a TIN below. If you are a sole proprietor and you have an FIN, you may enter either your SSN or FIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that Is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on this page), enter the owner's SSN (or EIN, if the owner has ane). Do not enter the disregarded ontlty's FIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of home and TIN combinations. How to get a TIN. If you do not have aTIN, apply for one immediately. To apply for an SSN, gat Form SS -5, Application for a Social Security Card, from your local SSA office or gat this farm online at www.ssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS individual Taxpayer Idehlification Number, la apply far an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS webslle at www.inogovlbuslaosses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-000-829-3670), If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" In the space for the TIN, sign and date the form, and give it to the requester. For Interest and dividend payments, and certain payments made with respect to readily bsuable instruments, generally you will have 60 days to gel a TIN and give It to the requester before you are subject to backup withholding on payments. The 60 -day rule does net apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note, Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A disregarded U.S. entity that has a Poreign owner most use the appropriate Farm W -a. 75J-54 Farm W-9 (Rev. 12-20141 Part If. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign point You may be requested to sign by the withholding agent even if Items 1, 4, or below Indicate otherwise. Fora joint account, only the person whose TIN Is shown in Part I should sign (when required). In fhe case of a disregarded entity, the person identified on line I most sign. Exempt payees, see Exempt payee code cath at, Signature requirements. Complete the certification a. Indicated in Items 1 through 5 below. 'I. Interest, dividend, and barter exchange accounts opened before 1084 and broker accounts considered active during 1883. You must give your correct TIN, but you do not have to sign the cetiiffcation. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1883. You must sign the cer iflcalion or bae(fup withholding will apply. If you are subject to backup withholding and you. aro merely providing your correct TIN to the requester, you must cross cut Iteirm in the certification before signing the farm. 3. Real estate transactions, You most sign the certification. You may cross out item 2 of the .edification. 4. Other payments. You must give your correct TIN, but you do not have to sign the cedltication unless you have been notified that you have previously given an Incorrect TIN. "Other payments" Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for handbag lse), mantel and health care services (including payments to corporations), payments to a nonemployee for services, payments made In settlement of payment card and third party network transactions, payments to certain fishing boat area, members and fishermen, and gross proceeds paid to attorneys Occluding payments to corporation). S. Mortgage Interest paid byyeu, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 629), IRA, Caverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your cor set Tl N, but you do not have to sigh the codification. What Name and Number To Give the Requester For this type of ... cost: Give name and SSN ph 1. Individual The individual 2. Two or more Individuals Qoint The actual owner of the account or, account) if combined funds, the first Individual on the account' S. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The greeter -trustee' imst (grantor Is also trustee) b. So-called trust account that Is The actual owner' not a legal or valid trust under state law 5. Solo propriat... hip or disregarded The owner' entity owned by an Individual S. Grantor trust filing under Optional The grantor' Form 1098 Filing Method 1 (see Regulations section 1.871-4(b)(2)(f) (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity` 9. Corporation or LLG electing The corporation corporate status on Form 8932 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organeatlon 11. Partnership or multi -member LLG The partnership 12. A brokeror registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Flling Method or the Optional Form 1099 Flling Method 2 (see Regulations section 1.671-4(b)(2)(1) (e)1 fist first and sirda the name of the person whose number you fu lab. II only one comes ora joint account has an SSN, that person's numbermust he furnished. a Circle the manor's name and furnish the minm'r SSN. You must show your Individual name and you may also enter your business or boAnrme on the "northern name/dlsregzrded orally" name Ilne. You may use either your SSN or EIN Of ycu have one), but the IRS encourages you to use your SSN. List boat end circle the name of the trual, eslals, or pension treat, (Do not furnish the TIN of the personal representative or hurter matron the legal entity itself Is not designated In the account MIST Also ere Special rules for padneRhlps on page 2, -Nola. Grantor also net pmvide a Form W-91. trustor of test. Note. if he name Is circled when more than one name Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when Situation uses your personal Information such as your name, SSN, or other Identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to gel a fob or may file a tax return using your SSN to receive a refund. To reduce your risk; • Protect your SSN, • Ensure your employer Is protecting your SSN, and r Re careful when choosing a tare preparar. If your tax records are affected by Identity theft and you receive a notice from it IHS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-900-4490 or submit Form 14039. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Vletlms of identity (haft who are experiencing economic harm or a system problem'or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible far Taxpayer Advocate Service grAS) assistance. You can reach TAS by calling the TAS toll-free case intake line at 1-077-777-4778 or Try/ Ph) 1 -800-820-4059, Protect yourself from suspicious emalls or phishing schemes. Finishing is the creation and use of small and websites designed to mimic legitimate business Smalls and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into surrendering private Information that will be used for identity theft. The IRS does not Initiate contacts with taxpayers via emate, Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, ar other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@lm.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-500-368-4484. You can forward suspicious smalls to the Federal Trade Commission at: spamall gov or contact them at Svi legowldlheft or 1-ItTf-IDTHEFT (1.877.438-4338). Visit IArl to learn more about Identify theft and how to reduce your risk. Privacy Act Notice Section 6100 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, or certain other income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MGA, or HSA. The person collecting this for uses the information on the torp to file information returns with the IRS, reporting the above information. Routine uses of this Information Include giving It to The Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealth. and possessions for use In administering their laws. The Information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce doll and criminal laws, at to federal law enforcement and Inielllgenca agenates to combat terrorism. You must pmvide your TIN whether or not you are received to its a Not return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does hot give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 75J-55 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2209 S. BRISTOL STREET (APN 015-194-25) FORTHE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the Transportation and Federal Highway Administration in 2011. Exhibit 3 75J-56 California Department of Resolution No. 2017 -XXX Page 1 of 6 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2209 S. Bristol Street (APN 015-194-25), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75J-57 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: Wnn, Fes, J00 M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75J-58 Resolution No. 2017 -XXX Page 3 of 6 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers: Councilmembers: Councilmembers: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Resolution No. 2017 -XXX to be the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Council, do hereby attest to and certify the attached original resolution adopted by the City Council of the Clerk of the Council City of Santa Ana 75J-59 ( EXHIBIT A LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, desaiped as follows: LOT 192 OF TRACT NO. 1192, IN'THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN SOOK 39, PAGES 16 AND 17, MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015-194-25 75J-60 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 EXHIBIT B j In Resolution No. 2017 -XXX Page 6 of 6 75J-61 75J-62 KOA Oki kq *1970 0 1 L - 75J -63 06/15/2017 THU 10:21 FAX Clerk of the Council City of Santa Ana, City Hall 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 Facsimile: 714-647-6956 4001/001 PETERSON LAW GROUP 700 J[JN 15 a PROFESSIONAL CORPORATION i� I0 j 9 SUITE HURB IsITY OF SANM 19800 MACARTHUR BOULEVARD E IRVINE, CALIFORNIA 92612 CLERK OF f'0p1,til:�1j_ TELEPHONE (949) 955.0127 FACSIMILE (949) 955-9007 June 15, 2017 Via Personal Delivery and Facsimile Re: Bearing on Resolution of Necessity — R S Properties, LLC Bristol Street Widening Project APN 015-194-25 2209 S. Bristol Street, Santa Ana, CA ("Subject Property") Dear Members of the City Council: This office represents R S Properties, LLC, owner of the Subject Property. Request is hereby made that this letter be made part of the record, and that we be given the opportunity to be heard at the hearing on the Resolution of Necessity. R S Properties, LLC does not challenge the Resolution of Necessity for the Subject Property. However, the prelitigation offer pursuant to section 7267.2 of the California Government Code is inadequate and does not rise to the fair market value standard. The offer reflects a depression in the surrounding area caused by the project, and thus the offer is project influenced. We look forward to working with the City in reaching a fair and just resolution of the acquisition of the Subject Property that complies with the fair market value standard, CDP: cl Very truly yos, 6 Christopher D. Peterson 75J-64 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2106-2109 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2105-2109 South Bristol Street (APN 015-194-41) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2105- 2109 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owner and their representative for the past 15 months. A good faith offer was made on January 30, 2017, in the amount of $1,572,965 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75K-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2105-2109 S. Bristol Street. June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $1,572,965 are appropriated in the Bristol Street Improvements Project (No. 116741), Measure M2 Street Construction Fund (Account No. 03217663-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. Exe6utive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75K-2 MATCHLINE SEE BELOW RIGHT � � �99e-3'Ss•tt i ��..7 --f--�--- i i i i �3 Vag i i i ST GERTRUDE PL I j9a6.47r-u�! i I I w w CI) J m m TS�Pa 91s�199za lI- )1'.i -19•S -POI 915.194-3Q I I ! WARNER AVENUE LEGEND= 7171 /I PROPFPr! - LUL1. -'COULS1T}pH C% 1-nrou111en PwJcrnrea � I I _..i L -1- l - ST ANDREW PL _-...r,.T.--T--T a7 --7--7. 5' CARLTON PL .-T_.T._ 7 r. 7-.7..-- o Lu � I I I ? ✓ � �- i ..L---L--L-- Cn GLENWOODPL J ---�----..T..1�•- r -- --7...7_.,..- I I Cn I I all CAMDEN PL U ------------- I �Y/I I I �3T ANNE PL J i i EXHIBIT 1 MATCHLINE SEE TOP LEFT SAIUTA ANA RESOLUTION DETERMINING PUBLIC CITY COUNCIL INTEREST AND NECESSITY FI �� AGENDA 2� 201E PFOR THE ROPERTY AT 2105-2109 1SOION OF REAL UTH BRISTOL STREET V (PROJECT NO. 116741 NONGENERAL FUND) PUBLIC WORKS MENC (Strategic Plan No. 6, 10; and 3, 2CI PAGE 1 OF 1 75K-3 Bristol Street Improvements -Warner Avenue to Saint Andrew Place Parcel File No, 015.194-41 Owners of Record; Thanh Ngoc Nguyen, as trustee, or any successor trustee, under that certain declaration of trust named Thanh Ngoc Nguyen Family Trust, created by Thanh Ngoc Nguyen, as trustor, dated October 30, 2001 Additional Owner(s) of Record: N/A Property Address: 2105-2109 S, Bristol Street, Santa Ana CA 02704 This is to acknowledge receipt of the offer package containing the following items: Offer letter dated January 30, 2017 which includes,' d Fair Market Value of the Subject Property (Exhibit A) • Preliminary Report Issued by Title Company (Attachment 1) e Property Legal Description (Attachment 2) ® Statement of Just Compensation (Attachment 3) • Summary Explanation Statement (Attachment 4) m City of Santa Ana Handbook on Acquisition (Attachment 5) e Statement of Ownership (Attachment 6) • List of Improvements (Attachment 7) • Your Rights Under Title VI (Attachment 8) ► W-9 Form (Attachment 9) Please rettirn the SIGNED Receipt of OfferPackago /n the envelope enclosed. Thanh Ngoc Nguyen, Trustee Date EXHIBIT 2 75K-4 January 30, 2017 Thanh Ngoc Nguyen 2105 S. Bristol Street Santa Ana, CA 92704 CIS OF SANTA ANA 20 Civic Center Plaza P.O. Sex 1888 Santa Ana, Callfornra 92782 714-rW-5013. W .sant(bana.erQ ACTING CITY MANAGER Gerardo Mom CITY ATTORNEY :Sonia R. Camino CLERK OF THE COUNCIL Mata: D, Huizar. Via Certified Mail SUBJECT: REVISED OFFER To ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO REALTY ATs 2105.2109 S. BRISTOL STREET, SANTA ANA, CA 92704 APN: 015-1914-41 Dear Property Owner; This Offer supersedes all previous Offers to Acquire, The City of Santa Ana ("City") is proceeding with Its plans to construct Phase 4 of the Bristol street improvements; Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists Thanh Ngoo Nguyen, as trustee, or any successor trustee, under that certain declaration of trust named Thanh Ngoc Nguyen Family Trust, created by Thanh Ngoc Nguyen, as trustor, dated October 30, 2001 ,to be the vested owner of the above- mentioned property as shown in Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property",. No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title, If more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. Asyouknow, the City had your Property appraised by certified appraisers for the real estate as well as improvements ;pertaining to the realty to determine its fair market value. The appraisals were conducted in accordance with commonly acceptedappraisal standards and included consideration of the highest and best use of the land, Based on the appraisals, the City offers you a total compensation of $1,672,966.00. The Fair MarketValue of the Subject Property, which serves as the basis for this offer is attached as Exhibit A. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or bath. 75K-5 2105-2109 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval, It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75K-6 2105-2109 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Kathy Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841. Sincerely, Jason Gabriel, Principal Civil Engineer Cc: Christopher D. Peterson, Esq. 75K-7 Bristol Street Improvements --Warner Avenue to Saint Andrew Place Parcel File No. 015-194-41 Owners of Record: Thanh Ngoc Nguyen, as trustee, or any successor trustee, under that certain declaration of trust named Thanh NgocNguyen Family Trust, created by Thanh, Ngoc Nguyen, as trustor, dated October 30, 2009 Additional Owner(s) of Record: NIA Property Address: 2105-2109 S. Bristol Street, Santa Ana, CA 92704 This is to acknowledge receipt of the offer package containing the following items:. Offer letter dated January 30, 2017 which includes: g Fair Market Value of the Subject Property (Exhibit A) • Preliminary Report Issued by Title Company (Attachment 1) • Property Legal Description (Attachment 2) • Statement of .lust Compensation (Attachment 3) • Summary Explanation Statement (Attaohment4) City of Santa Ana Handbook on Acquisition (Attachment 5) + Statement of Ownership (Attachment 6) List of Improvements (Attachment 7) Your Rights Under Title A (Attachment 8) W-9 Form (Attachment 9) Please return the SIGIVEC? Receipt of Offer Package in the envelope enclosed. Thanh Ngoc Nguyen, Trustee Date 75K-8 January 30, 2417 Thanh Ngoc Nguyen 2105 S. Bristol Street Santa Ana, GA 02704 CITY OF SANTA AN, 20 Clvlo Center Pima a P,O, Box 1089: Santa Ana, California 92742 714.647-5013 M W 6sante-ena brg ACTING CITY MANAGER Gerardo Mouet CITY ATfORNEY Sonia R. Carvalho CLERK OF THE COUNCIL. `Maria D, Hulzar Via Certified Mail SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO REALTY AT: 2105-2109 Sr BRISTOL STREET, BANTA. ANA, CA 92704 APN: 015-1 tJ4-41 Dear Property Owner, This Offer supersedes all previous Offers to Acquire. The City of Santa Ana ('City") is proceeding with its plans to construct Phase 4 of the Bristol Street Improvements Project between Warner Avenue and Saint Andrew Place,. The City obtained a preliminary title report that lists Thanh Ngoc Nguyen, as trustee, or any successor trustee, under that certain declaration of trust named Thanh Ngoc Nguyen Family Trust, created by Thanh Ngoc Nguyen; as trustor, dated October 30, 2001 to be the vested owner of the above- mentioned property as shown in Attachment 1. The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title, If more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised by certified appraisers for the real estate as well as improvements pertaining to the realty to determine its fair market value. The appraisals were conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. used on the appraisals, the City offers you a total compensation of $1,572,965,00. The Fair Market Value of the Subject Property, which serves as the basis for this offer is attached as Exhibit A. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. 75K-9 2105-2109 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75K-10 2105-2109 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Kathy Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841. Sincerely, Jason Gabriel, Principal Civil Engineer Cc: Christopher Q. Peterson, Esq. 75K-11 EXHIBIT A Fair Market Value of the Subject Property Land and structures $1,500,000.00 (as per attached appraisal summary statement) 1. Fixtures and equipment pertaining to realty + $ 72,965.00 (as per attached inventory — see Attachment 7) 2. Total just compensation $1,572,965.00 1. The City has not made a determination as to the ownership of the Fixtures and Equipment. Landlord and tenant will need to come to an agreement as to the ownership of these items, before compensation can be withdrawn from Escrow, 2. The total just compensation offered assumes that the property is free of any environmental contaminates or other conditions which may impact fair market value. 75K-12 CLTA Preliminary Report Form . (Rev. H(06) +1 a.5i 5 k,VI ; � First E merkan rifle ATTACHMENT 1 Order Number; 0..$A-4443296 Page Number: i Updated it American Title Company 4 First American Way Santa Ana, CA 92707 Customer Reference: Order Number., OSA-4443296: (ndaa) Title Officer Solei ()vies J Ashley Aegertet- Phone: (714)250-3094 Fax NO,: 4714)913-6388 F -Mail. octitte2@firstam.com Property; 2105-2109 South grlstol Street Santa Ana, CA PRELTMLPlAV REPOPT as it Is Important to note that this -praliminary report is not a written representation as tethe condition of title and may not Inst all lfens, defects, and encumbrances affecting title tothe fond. - the issuance of a policy of Sifle e of a Policy of title Insurance, a RmtAmerican Tt'tle Page 1 of Is 75K-13 Order Numbeh OSA•444a2e6 .Page Number., 2 Dated as of August 25, 2015 at 7:30 AX The form of policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another farm or additional coverage Is desired. Title to said estate or interest at the date hereof is vested Im THANH NGQC NGUYEN, AS TRUSTEE, OR ANY SUCCESSOR.TRUSTEE, UNDER THAT CERTAIN DECLARATION OFTRUST NAMED THANH NGQC NGUYEN FAMILY TRUST, CREATED BY THANH NGQC NGUYEN, AS TRUSTOR, DATED OCTOBER 30, 2001, SUBJECTTO ITEM NOS. 11, 12 AND 13 The estate or Interest in the.land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal pescribtiun) At the date hereof exceptions to coverage in addition to the printed Exceptionsand Exclusions in said policy form would be as follows: 1: General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 1 The lien of supplemental taxes, If any, assessed pursuant to Chapter 3,5 commencing with Section 75 of the California Revenue and Taxation Code. 3, An easement shown or dedicated on the Map as referred to in the legal description For: PUBLIC UTILITIES and incidental purposes. 41 Covenants,_ conditions, restrictions and easements in the document recorded as HOOK 1750 PAGE 154of Official Records, which provide that a violation thereof shall not defeat or render Invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a -preference; limitation or discrimination based on race, color, religion, sex, sexual orientation, familial steals, disability, handicap, national origin, genetic Information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.G. § 3604(c) or California Government code § 12955, lawful restrictions under state and federal law on the age of occupants In senior housing or housing for older persons shall not be construed as restrictions based on familial status FhstAmerican Tile Page 2 of is 75K-14 OrderNumbet OSA-4443286 Page Number; 3 Document(s) declaring hiodlfications thereof recorded as BOOK 17b2 PAGE 4Q4 AND BOOK 4467 PAGE 433, BOTH of Official Records; 6, An easement for EITHER OR BOTH POLE LINES, CONDUITS and Incidental purposes in the document recorded as BOOK 1750 PAGE 154 of official Records. 6. An easement for EITHER OR BOTH POLE LINES, CONDUITS and incidental purposes in the document recorded as BOOK 1634 PAGE 516 of Ofticlal Records. 7. An easement for EITHER OR BOTH POLE LINES, CONDUITS and Incidental purposes in the - document Recorded as BOOK 1646 PAGE 155 of Official Records. 8. An agreementor covenant to hold land as one parcel recorded December 05, 1985 as INSTRUMENT No, 85-488047 of Official Records. 91 An agreement or covenant to hold land as one.. parcel recorded February 03, 1986 as INSTRUMENT NO. 86-46712 of official Records, 10. An easement for PUBLIC STREET PURPOSES and Incidental purposes, recorded MARCH 5, 1986 as INSTRUMENT NO. 86-88430 of Official Records, In Favor of THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION Affects: AS DESCRIBED THEREIN It. The -effect of a deed elated December 01, 2011, executed by THANH NGOC NGUYEN, AS TRUSTEE, OR ANY SUCCESSOR TRUSTEE, UNDER THAT CERTAIN DECLARATION OF TRUST NAMED THANH NGOC NGUYEN FAMILY TRU5f, CREATED 6Y THANH NGOC NGUYEN, AS TRUSTOR, DATED -OCTOBER 30, 2001, as Grantor, to THANH NGOC NGUYEN, as Grantee, recorded MARCH 7, 2012; as INSTRUMENT No, 12-128878 of Official Records. The requirement that this office he furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein, NOTE: Unable to verify If the above referenced "uninsured'" deed is a valid transfer. 12, The effect of a deed dated November 17, 2032, executed by THANH NGOC NGUYEN, AS TRUSTEE, OR ANY SUCCESSOR TRUSTEE, UNDER THAT CERTAIN DECLARATION OF TRUST NAMED THANH NGOC NGUYEN FAMILY TRUST, CREATED BY THANH NGOC NGUYEN, AS TRUSTOR, DATED OCTOBER 30, 2001, as Grantor, to 12620 BROOKHURST, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, as Grantee, recorded JANUARY 14, 2013, as INSTRUMENT NO, 13-2682Q of Official Records. The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no rather agreements, oral or written, regarding the ownership of the land described herein. NOTE: Unable to verify If the abovereferenced "uninsured" deed is valid transfer, 13. The effect of a deed dated November 17, 2012, executed by BAN BINH BUT, AS TRUSTEE, OR ANY SUCCESSOR TRUSTEE, UNDER THAT CERTAIN DECLARATION OF TRUST NAMED BAN BINH BUT FAMILY TRUST, CREATED BY BAN BINH BUT, AS TRUSTOR, DATED OCTOBER 30, 2001, as Grantor, to 12620 BROOKHURST, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, as Grantee, recorded JANUARY 14, 2013, as INSTRUMENT NO. 13-26821 of Official Records, fiistAmerican TUe Page 3 of 15 75K-15 Order Number: OSA-4443296 Page Number: 4 The requirement that this office be furnished with the evidence that the deed was an absolute conveyance for value, and that there are no other agreements, oral or written, regarding the ownership of the land described herein, NOTE: Unable to verify if the above referenced "uninsured" deed is a valid transfer. 14. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as THANH NGOC NGUYEN. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information. 15. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as NGUYEN TRUST. The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require further documentation regarding the entity in question. 16. Any right, title or Interest of the spouse (if any) of THANH NGOC NGUYEN. 17. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require; 18. A deed from the spouse (if any) of TFIANFI NGOC NGUYEN be recorded in the public records, or the joinder of the spouse named herein on any conveyance, encumbrance or lease to be executed by said married person. The deed should contain the following statement: "It is the express intent of the grantor, being the spouse of the grantee, to convey all right, title and interest of the grantor, community or otherwise, in and to the herein described property to the grantee as Itis/her sole and separate property." 19. With respect to 12620 BROOKHURST, LLC, a california limited liability company: a. A copy of its operating agreement and any amendments thereto; In, If it is a California limited liability company, that a certified copy of its articles of organization (LLC -1) and any certificate of correction (LLC -11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -].0) be recorded in the public records; c, If it is a foreign limited liability company, that a certified copy of its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require FirstAmerlcan Title Page 4 of 1.5 75K-16 Order Number OSA-4443296 Page Number; 5 20. With respect to the trust referred to in the vesting: a. A certlficatlon pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b, Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. 21. With respect to BAN BINH BUI, AS TRUSTEE, OR ANY SUCCESSOR TRUSTEE, UNDER THAT CERTAIN DECLARATION OF TRUST NAMED BAN BINH BUI FAMILY TRUST, CREATED BY BAN BINK BUI, AS TRUSTOR, DATED OCTOBER 30, 2001 : a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. FlrstAmerlcan Title Page 5 of 15 75K-17 Order Number: OSA-4443296 Page Number: 6 INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 2. 3. 4. 5. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $4,664.81, PAID Penalty: $0.00 Second Installment: $4,664.81, PAID Penalty: $o.00 Tax Rate Area: 11-101 A. P. No.: 015-194.41 Supplemental taxes for the fiscal year 2014.2015 assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. First Installment: Penalty: Second Installment: Penalty: Tax Rate Area: A. P. No.: $32.47, PAID $0.00 $32.46, PAID W1 PEN $26.25 I1-101 015-194-41.0100 According to the latest available equalized assessment roll In the office of the county tax assessor, there is located on the land a(n) COMMERCIAL STRUCTURE known as 2105-2109 SOUTH BRISTOL STREET, SANTA ANA, CA. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None We find no open deeds of trust. Escrow please confirm before closing. The map attached, If any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. FrstAmerican Title Page 6 of 15 75K-18 Order Number; USA -4449286 PageNum4en 8 LEGAL DE5GI11PTION Real property in the City of Santa Ana, County of Orange, State of California,described as follows: LOTS 195 AND 199 OF TRACT NO, 11.92, AS PER MAP RECORDED IN BOOK 39 PAGES 16 AND 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APNt015-194-41 Fiis'tAmerlcan r/Ne Page of 15.. 75K-19 Order Number: OSA-4443296 Page Number: 9 L � _w m ® f ;e � le / . __ § �w•. - mg gw •\ :lr . g „g , g„g /!!•y a © o 'o~ ¥ Order Number: OSA-4443296 Page Number: 9 L � _w m ;e � le / )!< § �w•. \\ I +. Tel � ƒ . FirstAfneilcan Pago 9 of 1.9 75K-20 ;e �a le / 0 I +. Tel � ƒ . FirstAfneilcan Pago 9 of 1.9 75K-20 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOTS 198 AND 199 OF TRACT NO. 1192, AS PER MAP RECORDED IN BOOK N PAGES 16 AND 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015-194-41 75K-21 ATTACHMENT STATEMENT OF NST COMPENSATION Assessor's Parcel: 015-194-41 Property Owner: Thanh Ngoc Nguyen, as trustee or any successor trustee, under that certain declaration of trust named Thanh Ngoc Nguyen Family Trust, created by Thanh Ngoc Nguyen, as trustor, dated October 30, 2001, Property Address: 2105-2109 South Bristol Street Santa Ana, California Location of Parent East side of Bristol Sheet, beginning 60-E feet south of Saint Gertrude Place, within Property: the corporate limits of the City of Santa Ana. Description of The property is presently improved with a commercial office building of wood Parent Property: fi•ame and stucco construction. The building contains 3,255 square feet; and was originally constructed in 1986. Other appurtenant on-site improvements located within the boundaries of the subject parcel include concrete paving, tile surfacing, concrete block walls, wrought iron fencing, business sign, concrete curbing, metal frame light standards, concrete auto stops, marked automobile parking spaces, inground irrigation system, and ornamental landscaping. Overall condition of the subject improvements is rated average -good, considering the age. The development is situated on a parcel containing 11,402 square feet of land area. Zoning: Bristol Street Corridor Specific Plan. The property has been considered and appraised ander the previous zone classification of C-5 (arterial commercial) as a means of avoiding project influence. Topography: Effectively level topography. Utilities: In place at site. Highest and Best Highest and best use is defined as the reasonably probable and legal use of land, Use: which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Commercial development. As improved: Existing use. Date of Value: December 7, 2016 Public Use for Bristol Street Improvement Project. Property: Estate to be Fee simple acquisition of entire subject property, 75K-22 STATEMENT OF JUST COMPENSATION Acquired: Legal Description: Lot 198, Tract No. 1192, per map recorded in Book 39, Page 17 of Maps, in the office of the County Recorder, County of Orange, California. Area to be 11,402 square feet of land area (full acquisition). Acquired: Market Value: $1,500,000. Summary of the Basis for Just Compensation There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach, The Sales Comparison Approach and Income Capitalization approach have been applied to the subject property. The Cost -Summation Approach is without meaningful application in the subject case due to the age of die existing improvements and resultant difficulty in accurately estimating accrued depreciation. Further, market participants rarely rely on the Cost-Sununation Approach when making buy -sell decisions. Stiles Comparison Approach, The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or unproved property, is based on the Principle of Substitution, which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in making the substitution." Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. The Sales Comparison Approach has been applied to the subject property after an investigation and analysis was conducted of improved commercial office building properties located within the immediate and general subject market area. Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved. 75K-23 Land Size Corner Zoning Land/Bldg. $/SF Land Data Date Bldg Size Built Const'n. Ratio Sale Price OF Bldg. 1. 5-16 7,500 sf no CO 2.63:1 $ 900,000. $120.00 2,856 sf 1988 fin./stue. $315.13 10952 Reagan Street, Los Alamitos 2. 6-16 12,073 sf yes PC 3.54:1 $1,200,000. $ 99.40 3,413 sf 1948 fico./stuc. $351.60 9242 Walker Street, Cypress 3. 7-16 7,125 sf yes C-1 3.18:1 $1,025,000. $143.86 2,242 sf 1961 frm./stuc. $457.18 1545 Nutmeg Place, Costa Mesa 4, 8-16 8,771 sf no OTMU-15S 3.18:1 $2,225,000. $253.68 2,760 sf 1914 wd. fi7n. $806.16 615 East Chapman Avenue, Orange 75K-23 5. 9-16 22,945 sf no CG 6.20:1 $1,650,000. $ 71.91 3,700 sf 1973 fiat./stuc. $445.95 6042 Bolsa Avenue, Huntington Beach 6. 9-16 6,450 sf no O -P 2.90:1 $1,050,000. $162.79 2,224 sf 1921 frm./stuc. $472.12 924 East Chapman Avenue, Orange The improved properties surveyed contahr buildings ranging in size from 2,224 to 3,700 square feet. The buildings were constructed between 1914 and 1988, and are situated on parcels ranging in size fi•om 6,450 to 22,945 square feet of land area. The sale properties employed herein represent the most recent comparable improved sale properties available for analysis. Due to the lack of a representative number of reasonably comparable improved commercial properties having recently sold within the immediate subject market area, it was necessary to expand the geographic search area to include the greater Orange County region. Particular consideration has been assigned to general location and immediate environmental influences in the analysis of the sale properties employed herein. The purchase price per square foot of building area has been utilized as the primary unit of analysis in the Sales Comparison Approach inasmuch as it is widely used among market participants. The overall purchase prices range from $900,000 to $2,225,000, reflecting $315.13 to $806.16 per square foot of building area. All of the sales employed herein conveyed title to the foe simple interest, and represent arm's-length transactions. Financing terms of each sale were typical of the subject market area. Adjustments are not warranted for property rights conveyed, conditions of sale, or financing terms. Certain of the improved sales data considered extended over a time period back to the second quarter of 2016. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between May, 2016 and September, 2016, inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: General location. Immediate environmental influences. Zoning. Vehicular and pedestrian access. Vehicular and pedestrian traffic. Building size/features. Building age and condition. Construction type and quality. Availability of public alley. Overall develepability. Site frontage/depth ratio. Site prominence and exposure. Proximity to freeway. Building remodeling, if any. On-site parking capacity. Extent of other on-site improvements. A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. 75K-24 The Relative Comparison Analysis is similar to paired data analysis without the use of arbitrary or unsupportable quantitative adjustments. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in making the analysis of each property. The general location, immediate environmental influences, land size, building size and features, building age/condition, as well as site prominence/exposure were considered the most important factors in the subject case. Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a property in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. Allowance was made for these factors when considered applicable. Another important factor considered in analyzing the overall purchase price per square foot of building area is that of the land/builduig area ratio. The sale properties have ratios ranging between 2.63:1 and 6.20:], The subject property has a ratio of 3.50:1. All of the sale transactions employed herein were considered helpful in the valuation analysis of the subject property. Following is a summary relating the overall comparability of fire individual sale properties to the subject site: After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is the appraiser's opinion that the value of the subject property is estimated as follows: Building: 3,255 SF @ $465.00 = $1,513,575. Inasmuch as the subject property is an improved property, and would be acquired for the utility and/or income producing capability of the building improvements, the value indication produced by the building factor has been assigned the most weight. The value of the subject property, as presently improved, and as indicated by the Sales Comparison Approach, is adjusted to $1,515,000. Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long tern vacancy/credit loss and various expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. 75K-25 Overall $ Per Data Cornnarability SF Bldg. 1 inferior $315.13 2 inferior $351.60 5 slightly inferior $445.95 3 similar $457.18 Subject - - - - $465.00 6 similar $472.12 4 superior $806.16 After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is the appraiser's opinion that the value of the subject property is estimated as follows: Building: 3,255 SF @ $465.00 = $1,513,575. Inasmuch as the subject property is an improved property, and would be acquired for the utility and/or income producing capability of the building improvements, the value indication produced by the building factor has been assigned the most weight. The value of the subject property, as presently improved, and as indicated by the Sales Comparison Approach, is adjusted to $1,515,000. Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long tern vacancy/credit loss and various expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. 75K-25 Following is the income and expense schedule considered applicable to the subject property. Main building 3,255 SF @ $2.20 = $7,161. Total gross annual income: $7,161 x 12 = $85,932. Vacancy and credit loss (3.0%): - 2.578. Effective gross annual income: $83,354. Annual expenses: $/SF %EGI Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.0% 00. Management (3%): 0.77 3.0% 2,500. Legal and accounting: 0.14 0.6% 450. Maintenance/repairs: 0.77 3A°° 2,500. $1.68 6.5% Total annual expenses: - 5,450. Net annual operating income: $77,904. Capitalization of net income: $77,904 capitalized at 5,25% _ Reconciliation.- Value econciliation:Value indicated by Sales Comparison Approach: Value indicated by Cost -Summation Approach: Value indicated by Income Capitalization Approach: Final Estimate of Marlret Valne: $1,483,886. Adjusted: $1,485,000. $1,515,000, Not applicable. $1,485,000, Based on the foregoing, as well as the valuation analysis set forth in the appr'aiser's file, the market value of the unencumbered fee simple interest in the subject property, exclusive of non -realty fixtures/equipment, as of the date of value employed herein, and adjusting toward the upper range of value, is estimated at $1,500,000. 75K-26 ATTACHMENT 4 SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property ba accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, •being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available," e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75K-27 ATTACHMENT CITY OF SANTA ANA Public Works Agency Q Civic Center Plaza M-36 Santa Ana, CA 92702 75K-28 Dear Property Owner; Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquned are treated fairly and consistently. This Handbook provides a brief surmnary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, 'technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75K-29 TABLE OF CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? 1 WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF ]UST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER, PLOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75K-30 WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has deternuned that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of res are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of wbich are explained in this brochure, WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain lite views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property, This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but ander no particular or argent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 75K-31 HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: • How it compares with similar properties in the area that have been sold recently. • How much it would cost to reproduce the buildings and other shuctures, less any depreciation, • How much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors; • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acgtth'e your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 75K-32 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired, • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacerrrent cost analysis, or capitalization analysis, supporting the determination of value. • The amount of the offer. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA), • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City ojSanta Ana, Public Works Agency, 20 Civic Center Plaza M-36, Sauta Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST 1 ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer, The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during you negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75K-33 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other ins hvments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if. 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution mast be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property, The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for yew, litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75K-34 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of'. Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying thein from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. I£ you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a new location. 75K-35 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YES. But, if the purchase of only a part of your property seduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period, However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and salutary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the, taking of the property or the injury to the remainder. (2) The loss cannot reasonably be preverited by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code, 75K-36 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill' consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condensation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75K-37 ATTACHMENT 6 STATEMENT OF OWNERSHIP PERSONAL PROPERTY, TENANT IMPROVEMENTS, FIXTURES AND EQUIPMENT PARCEL NO.: PROJECT: CCU: TENANT'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Date: Tenant PROPERTY OWNER'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Property Owner Date: Please have each signature on this document notarized. 75K-38 I ATTACHMENT THANl1 NGOC NGUYEN, DMA, INC. & ELEGANCE (SIDE BUSINESS) IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 15, 2015 Fair Market Item Value in No, Qty, Description Place I I Hand-written letter sign, 8" high, "Elegance", window $40 painted 2 1 Channel letter sign, 20" high, metal cabinet, interior 9,100 illumination, plastic fnsoia, metal trim cap, "Dentistry/ Mia Kboa/ Dentista", wall -mounted 3 1 Monument sign, 8'x 51, dual -sided, metal cabinet, plastic 6,600 fascia, plastic letters, "Trung Tam Nha IChoe/ Dentists, etc.", brick pedestal mounted, 74" x 28" x 25" 4 22 Linear feet of built-in reception desk/ service counter, 6,000 24" deep, laminate, wall partition supports, 16" deep top counter, including top window panel, wood frame, glass inlets, 8' wide x 56" high, 2 horizontal sliding windows, 1- 4' x 31, 1- Tx 3', wood flame, I window, 2'x 3' 5 1 Alarm system, Honeywell, consisting of:' 560 1 Control panel 1 Code pad 4 Motion sensbrs 1 Roof hatch contact 6 22 Linear feet of built-in reception counter, 40" high x 3,700 24" deep, laminate on wood construction, 16" deep service counter, 24" deep desktop, I pedestal, 24" wide, 3 -drawer, laminate, electrical 7 3 Surveillance cameras, manufacturer and model no. not 725 available, infrared type ' 8 199 Square feet of horizontal window blinds, 2" vinyl 775 9 1 X-ray developer desktop, 36" x 20", laminate 10 1 Wall shelf, 26" x 10", laminate 75K-39 75 20 THANH NGOC NGUYEN, DMD, INC. & ELEGANCE (SIDE BUSINESS) IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 15, 2015 Fair Market Item Value in No. Qty, Description Place 11 1 Water connection nozzle for x-ray develop, chronic, 315 plumbing 12 12 Linear feet of wall shelving, 12" deep, laminate, with 105 brackets 13 21 Linear feet of laboratory work gounter, 24" deep, 2,700 laminate, 4" high backsplash, 2 drop-in sinks, 18" x 7" x 17", stainless steel, single mixing faucet, plumbing, 1 lower pedestal, 6' wide, laminate, 3 -door, I.5' wide, laminate, 2 -door, 4 -drawer 14 1 Water fountain, Halsey Taylor, 18" wide, stainless steel, 750 plumbing 15 1 Ceiling television mount, metal 160 16 2 Operatory/ dental base cabinets, 68" x 21 ", laminate on 1,250 wood, 4" high backsplash, 2 -door, 4 -drawer 17 5 Operatory/ dental sink cabinets, 66" x 21 ", laminate on 9,600 wood, 4" high backsplash, 1 drop-in sink, 15" x 6" x 9", enamel on metal, single mixing faucet, 2 -door, 4 -drawer, plumbing 18 6 Wall cabinets, 60" x 30", laminate, 4 -door 2,875 19 144 Square feet of lead wall lining for x-ray radiation 1,825 protection 20 4 Shelves, 4'x 10", laminate, wall -mounted 140 21 4 Shelves, 2'x P, laminate, wall -mounted 70 22 1 Wall shelving unit, 10'x 8'x 5", 17 -tier 890 2 75K-40 THANH NGOC NGUYEN, DMD, INC. & ELEGANCE (SIDE BUSINESS) IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE- OCTOBER 15, 2015 35 1 Water heater, assumed to be 40 gallon, natural gas, with 900 water fi Iter 3 75K-41 Fair Market ltern Value in No. Qty, Description Place 23 16 Linear feet of wall shelf, 1' deep, laminate 140 24 8 Linear feet of wall shelf, 8" deep, laminate 60 25 1 Base cabinet, 5'x 2', 2 -door, 3 -drawer, laminate, with 1,650 stainless steel sink, 14" x 16", single mixing faucet 26 1 Base cabinet, 67" x 2', 2 -door, 3 -drawer, laminate, with 1,375 porcelain sink, 19" x 13", single mixing faucet 27 1 Wall cabinet, 5'x 30" x P, 4 -door 450 28 1 Base cabinet, 64" x Tx 22", laminate, 2 -door, 3 -drawer, 1,750 with porcelain sink, 19" x 13", single mixing faucet, plumbing 29 1 Wall cabinet, 5'x 32" x P, laminate, 4 -door 465 30 1 Base cabinet, 9'x 3', laminate, 4 -door, 4 -drawer, with 2,350 stainless steel sink, 15" x 14", single mixing faucet, plumbing 31 1 Lot of electrical connections for 5 operatory/ dental 1,750 chairs 32 1 Lot of subterranean dental process piping to 13 opexatory 9,100 stations, assumed to be 3/4" copper, 3 lines for water, copper and vacuum suction, including jockey boxes and connections to 5 dental chairs 33 1 Lot of setup, installation, wall mounting and electrical 2,000 34 1 Lot of electrical setup and installation for dental vacuum 775 and air compressor 35 1 Water heater, assumed to be 40 gallon, natural gas, with 900 water fi Iter 3 75K-41 i TFIANFI NGOC NGUYEN, DMD, INC. & ELEGANCE (SIDE BUSINESS) IMPROVEMENTS PERTAINING TO THE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 15, 2015 Fair Madcet Item Value in No. Qty. Description Place 36 1 Lot of data cabling, computer networking and Voip 1,925 cabling, including dual wall jacks TOTAL IMPROVEMENTS PERTAINING TO THE MALTY $72,965 Note: The following leasehold improvements were installed by the lessee. They are included in the related real estate appraisal report; therefore, they are not included herein in order to avoid duplication of compensation. • Interior wall partitioning and doors • Floor covering 4 75K-42 Epic Land Solutions, Inc. 2601 Airport Drive, Suite 1.30 Terrance, CA90SOS Phoney (3 10) 986-2960 Fait (310) 891-3348 CITY OF MANTA ANA TITLE W INFORMATION PACKAGE L ! � The project proposed by the agency listed above will be receiving federal financial assistance; Pursuant to Title VI of the 0ivil Rights Act of 19,64, no person in the United States shall, on the ,ground's of race, calor, or national orighi, be excluded from participation in, be denied the benefits of,. or be subjected to discriminatiou under aay ptdg am or activity reccivipg Federal financial assistance. i?t7iet statutes provide protection against discrimination on tb&basis of sex, age or disability. The Inclosed Title V1 Package is being provided for your information to further explain your tights. Tho Package includes the followiug documents; • Title VI33ooklet r Title Vi of the 1964 Civil Rights Act and Related Statutes • Right of Way Title, VI Stuvey, Form with Self -Addressed Stamped Envelope • Right of Way Title VIIiiscrimination Complaint Form The U.S, Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title V1 Strrveyy forts be completed and ictunred in the self- addressed selfaddressed stamped envelope. If you read or speak a language different than English, please write your name and address on, the top of the page and check the appropiatcbox on the Language Identification Flasheavd; or, if you believe yon -have been subjected to discrimination, please till out the Right of Clay Title V1 Discrimination Complaint form and rerun to the following: Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza -36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www,EpicLand.com 75K-43 I U, W LU > �_ M4 6 n qo�<h W A©�{iu 6444 a� j H ;A s o cu I%T M >L- L p >o W Q 2 o opp ;� w F •00 H '^ N O fesf[[ U W phi aC.om (��[ why E mw �{1O�n N o vY Q M in Q? m M VE"1 0. N O. R F M N u u UUVI K4G W N � }"0 ❑W �.Wv 62W VK� 0 L 5 O v J � C p .S mr r. vao` rd c N_ V V m iJ M U V O O Y U_ U b N � w � �. � � y. N W V•W AA iLLj, M ll M1 0 �_ A 6 Y o qo�<h W A©�{iu 6444 75<K- I u .z ? N �U ®ai y`a '� 41 bl Ci .1J Y Ps c o t3 L •2 a N s s o N tFo m " 4" St S w ° _ ft w 75K-45 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 of NONDISCRIMINATION STATUTES • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, he excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, andrequires necessary action to ensure compliance. • The 1973 Federal,aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be dented the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. I00-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THP NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "Far fait', uniform, and equitable treatment of ail affected persons; ...(and) minimizing the adverse impact o C displacement ... (to maintain)... the economic and social well-being of conmmnitics; and ... to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WhIICIii CAUSE DISPLACEMENT) 75K-46 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page2of2 • The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) • The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C, by adding two new sections that provided: "(b) For the proposes of this section, t'he terra °make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship, (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law." • Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(I) It shall be unlawful... to refuse to sell or rent atter the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, of otherwise make unavailable or deny a dwelling to any person because of race, calor, religion or national in " (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING — HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, Including the "no.bn(ld" alternative, consideration of social, environmcntat and economic impacts, public involvement, and use of a systematic interdisciplinary approach at cacti decision making stage of Federal -aid project development. • Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FHWA-HCR-06-006 75K-47 TITLE VI SURVEY PERSONAE INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form, The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the iterns below which best describe you and return this form in the enclosed envelope, Tile furnishing of this information is voluntary. Head of household: Male Female Age: _ Under 40 _ 41-65 ^ Over 65 Race/Ethnicity: _ White _ American Tribe Black Pacific Islander _Flispanie _ Other Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering any physical disability or medical condition? --Yes —No Are you a low-income family? Enclosure _Yes _No 75K-48 TITLE VI DISCRIMINATION COMPLAINT PURSONALINFORMATION NOTIO[ Pti snahl to the Federal Privaoy Act (RL. 03.879) and the Infmmallen Practices Ad of 1977 (Cindf Code Sections 1990 , of see.), notice Is hereby acre for the redirect of personal infmmallon by thin form. The requested personal Information is voluntary, The principal purpose ofthe voluntary, Information is to mandate the processing ofthle Point. The failure to provide all or any part or the requested Information may delay processing of this form. No disclosure of personal Influential will be made unless parrelasible under Article A, Caoellnn 1798.24 of the IPA of 1!177. Each ImlMdual has the east upon request and proper identifleslion, to Inspect all personal information In any record malreciredenthe indivldutdil au idenlilNnq padic 1 DI t y' q Itl f tl el tie aeroto your IPA Office Dist Co Rte Post BASIS OF DISCRIMINATION ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SkrX ❑ Diale lity [] Low -Income [] Nan-P;nglish Speaker Provide datc(s) and place of alleged discrimination Ueseribe the nature ofthe action, decision, or conditions of the alleged discrimination (Attach Extra Page. UNecessary) Name of individuals (iCKnmvn) responsible For the action, decision of condition of alleged discrimination Provide supporting information known to complainant in suppnrt of his/her allegation Identify possible witnesses whom the complainant believes can provide factual in formation aboutlhis allegation State the action requested by complainant signattn'c use of the Title VI Discrindr atlon Complaint }'onn is not fl a ldatory. You may submit your conrptaint in any onion mat, contains your 75K-49 I ;q� ,ggvq �i w ails �41 sT Zi krm a1Z MMT Pm I ❑ n�ll�lsl�1����,ts�l�lcss 1iT�filf16 4��13S1tUti1fdl i'�s Motka kahhon ya yangin flnti)ngnu' manaitai pat Ant(itrgnu' kumentns Chalnotro, F i4mokU. j ❑ Oznausite ovaj kvadrad6 ako citate tti govorite hrvatski jeAk. ❑ Zagkrtnete tato kolonku, polutd ctete a hovoiite Gesky, ❑ Kruis dit vakje Ran als u Nederlands kunt lozen of spreken. �mark 11 DB -3309.___..._._ .._.__..__._............___ e......._.___________. _ U.S. DEPARTMENT OR COMMERCE Ecnnwiihe ind 6btlslj sMmlplstrmjon 75K-50 n,S,CENSUS HUMAU 1, Arabic 2. Armenian 4. Cambodian 5. Chamorro 6. Simplified Chinese 7Traditional Chinese 8.Croatian 9. Czech 10. butch 11. English 12. Farsi • Economics and 610111N. Atlm Wc1ntlon U.6, CENRU6 BUREAU 75K-51 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22.Japanese 23. Korean 24, Laotian 25. Polish Cocher ici si vous lisez on parlez le frangais. F] Kreuzen Sic diesel KSstchen an, wenn Sic Deutsch lesen oder sprechen. E6(yxe aux6 To nXcdato av 5L(xP&(e-re 1'l I-A&re F.UIIvIK6. Make kazye sa a si on Ji oswa ou pale kreybl ayisyen. ® 37Ti 3Trcr #rTt 'fir GV uTcr ift z �v zF�FlT w ftr�7 ��' i Kos lub voj no yog koj paub twin thiab hail lus Hmoob. FJ,Iolje meg ezt a kockdt, ha megerti vagy beszeli a magyar nyelvet. Markaam daytoy nga kahon no makabasa wenno nrakasaoka iti Ilocano. ® Marchi questa Casella se legge o parla italiano. 1::El 99N'A6kfz 91 ❑ S}a-I zi 71L} %V-+ 5U°vd °I tI611 RAI a}'j A) -9-. 2tnuu�u2gee�u r)�ui�ue�u�fid�nril�a�a�o. Prosirny o zaznaczenie Lego kwadratu,jeieli poshtguje sib Pan/Pani j@zykiem polskim. ne mono U.S DEPARTMENT OF COMMERCE • Economics and 610111N. Atlm Wc1ntlon U.6, CENRU6 BUREAU 75K-51 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22.Japanese 23. Korean 24, Laotian 25. Polish Assinale este quadrado se voc€18 ou fala portugues. ❑ insenuiali aceasta casuja daca citi(i sau vorbiii romitne§te. HOMPTM SraT xsappaTNx, ecru SSI vxTaeTe ct.nn rosopcTTe no-pycexu. 06enexcxTe onaj xsaRpaTxli yxonxxo exTaTe xnx roaopxre cpncxx jesxx. El Oznacte Lento atvor6ek, ak viete Waf alebo hovoriepo slovensky. ❑ Marque esta casilla si lee o habla espafiol. ❑ Markahan itong kmadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. ❑ Ifin-&Toauli111AIIudo16-tVTudgUWTDlynnIrt-11nu. ❑ Maaka'i he puha ni kapau'oku ke lau pe lea fakatonga. ❑ BigMiTbTe WO xniTxxxy, sxulo DR vxTaeTe a6o rouoperre yxpahicsxoto Mouwo. 11 ❑ " p (il lJ Llv Is' o �s,'L�.i9sil`.V I 7 » El Xin ddnh dSu vao 6 nay n6t quf vi bi@t doc va n6i dtrdc Viet Ngrr. Da -3300 U.S. DEPARTMENT OF COMMERCE EDDIIDIn�Dp pfd htf,flo AtlWWOMW. 75K-52 U.S. CENSUS BUREAU 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33.Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish Farm W-9 Request for Taxpayer Give Form to the (Rev. Docember2014) Identification Number and Certification entities, It Is your employer identification number (EIN). If you do not have a number, see How fo gets requester, Do not Department of the Treasury TIN on page 3. send to the IRS. Internal Revenue Service 1 Name (as shown on your income tax return). Name is required on this line; do not leave this line blank. of 2 Business name/dlsragarded entity name, if different from above a rn ° c 3 Check appropriate box for federal tae classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain entities, not Individuals; see ° ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ partnership ❑ Trust/estate Instructions an page 3); 0 o ;0 single -member LLC E]Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) t Exempt payee code (If any) o Note. Fora single member LLC that is disregarded, do not check LLC; check the appropriate box In the line above for Exemption from FATCA reporting H the tax classification ofthe single -member owner. code (If any) c y ❑ Other (see instructions)► fnnP++o: mwow�„+=�mra+nedoumds ma us.r ° c 5 Address (number, street, and apt. or suite no.) Requesters name and address (optional) 0 ° a m s City, state, and Zip code m 7 List account number(.) here (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given online Ito avoid Social security number backup withholding. For individuals, this is generally your .ental security number (Sag). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other ^ m — entities, It Is your employer identification number (EIN). If you do not have a number, see How fo gets t_L_Ll TIN on page 3. or Note. If the account is in more than one name, see the Instructions for line 1 and the chart on page 4 for I Employer Identification number guidelines on whose number to enter. n� �� F7_1 Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer. Identification number (or I am waiting for a number to be issued tome); and 2. lam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup Withholding as a result of status to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (deflned below); and 4. The FATCA mode(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3. bign Signature of Here I U.S, person* Date l• General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release It) Is at www.lra.gov/fw9. Purpose of Form An Individual ar entity (Form W-9 requester) Who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may he your social security number(SSN), individual taxpayer Identification number (ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (FIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns Include, but are not limited to, the following: • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099 -MI SC (various types of income, prizes, awards, or gross proceeds) • Form 1091 (stack or mutual fund sales and certain other transactions by brokers) • Form logg-S (preceads from real estate lransaclions) • Form 1099-k (merchant card and third party network transactions) • Form 1998 (home mortgage Interest), 1998-E (student loan interest), 1099-T (tuition) • Form 1099-0 (canceled debt) • Farm 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S, person (Including a resident alien), to provide your correct TIN. 4you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup wlthbolding7 on page 2. By all the filled -out farm, you: 1. Certify that the TI you are giving is correct (or you are walting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S, trade or business Is not subject to the withholding tax an famiga partners' share of effectively connected Income, and 4. Certify that FATCA simulate) entered on this form (if any) Indicating that you are exempt from the FATCA reporting, Is correct. See What is FATCA reporting? on page 2 for further Information. Gat No. 10231x 75K-53 12-2014) Form W-9 (Rev. 12-2014) Note, If you are a U.S. person and a requester gives you a form other than Form W-9 to request your TlN, you must use the requester's form if it is substantially similar to this Form W-9, Definition of a U.S. person, For federal tax purposes, you are considered a U.S. person if you are: • An Individual who Is a U.S. citizen or U.S, resident alien; • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; • An estate (other than a foreign estate); w • Adomestic trust (as defined In Regulations section 301.7701-7). Spa clal rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable, Income from such business. Further, In certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a ppartner Is a foreign person, and pay the section 1446 withholding tax. Tharstore, if you are a U.S. person that Is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid section 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on Its allocable share of net Income from the partnership conducting a trade or business In the United Staten: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other LLS, owner, generally, the U.S, grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of aforeign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident often who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income, However, most tax treafles contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continua for certain types of Income even shot the payee has otherwise become a U.S. resident alien for tax purposes. If you are a PA. resident allen who Is relying an an exception contained In the saving clause of atax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax in a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) In the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax, S. Suglcieot facts to Justify the exemption from tax under the terms of the treaty article. example, Article 20 of the US: China Income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present In the United States. Under U.S. law, this student will become aresident ellen for lax purposes If his or her stay in the United Stales exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S: China treaty (dated Apd130, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who quallfias for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the Information described above to support that exemption. If you are a nonresident alien or a !amigo anti ly, give the requester the appropriate completed Form W-8 or Farm 8233, Backup Withholding What Is backup withholding? Persona making certain payments to you must under certain conditions withhold and pay to the IRS 286/o of such payments. This Is called "backup withholding." Payments that may be subject to backup withholding include interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in said Insured of payment card and third party network transactions, and certain payments from fishing boat operators. Ross estate transactions are net subject to backup withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper cedificatlans, and report all your taxable Interest and divldands on your tax return. Payments you receive will be sobleet to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part 11 Instructions on page 3 for details), 3. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your lax return (for reportable Interest and dividends only), or S. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only-). Certain payees and payments are exempt fmm backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Special rules forpartnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial insiilullon to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instruct one for the Requester of Form W-9 for more Information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipator receiving reportable payments In the future from this person. For example, you may need to as updated Information If you are a C corporation that elects to he an S corporation, or if you no longer are tax exempt, in addition, you must furnish a new Form W-9 If the name or TIN changes for the account; for example, If the grantor of a grantor trust dlas. Penalties Failure to to relish TIN. If you fall to furnish your correct TIN to a requester, you are subject to a penally of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penally ter false information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty, Criminal penalty for falsifying Information. Willfully falsifying cedlflcatlons or affirmations may subject you to criminal penalties Including fines and/or Imprisonment. Mlsuse of TINs. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties, Specific Instructions Line Y You most enter ane of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 Is for a joint account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Form W-9. a. Individual. Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Administration (SSA) of the name change, elder your first name, the last name as Shown on your social security card, and your new last name. Note. ITIN applicant: Enter your individual name as It was entered on your Form W-7 application, line Ia. This should also be the same as the name you entered on the Farm 1040/104ON104DEZ you filed with your application. b. Solo proprietor or single -member I.I.C. Enter your Individual name as shown on your 1040/1 g40AM 040EZ on line 1, You may enter your business, trade, or "doing business as" (DOA) name on Ilse 2. c. Partnership, _bC that Is not a single -member LLC, C Corporation, or Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d, Other entities. Ester your name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on Ilne 2. e. Disregarded entlty. Far U.S. federal tax purposes, an eniftylhat is disregarded as an entity separate from Ito owner is treated as a "disregarded entity." See Regulations sections 301.7701-2(c)(2)(if). Enter the owner's name an line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the Income tax return on which the Income should be reported. For example, If a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.S. owner's name Is required to be provided on the 1. If the direct owner of the entity In also a disregarded entity, enter the first ownerthat is not dismgarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name," If Be owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 Instead of a Form W-9. This is the case even If the foreign person has a U.S. TIN. 75K-54 Form W-9 (Rev. 12-2014) Line 2 Ifyou have a business name, trade name, D13A name, or disregarded entity name, you may enter it an line 2. Line 3 Check the appropriate box In line 3 for the U.S, federal tax classification of the person whose name Is entered on line 1. Check only one box In line 3. Limited Liability Company (LLC). If the name on line 1 Is an LLQ treated as a partnership for U.G. federal tax purposes, check the "Limited Liability Company" box and enter "P" In the space provided. It the LLC ries filed Form 8832 at 2553 to be taxed as a corporation, check the "Limited Uability, Comryany" box and in the space provided anter "C" for corporation or "S" for S corporation. If it Is single -member LLC that Is a disregarded entity, do not check the "Limited Llahlllty Company" box: instead check the first box In line 3 "Individual/sole proprietor or single -member LLC:' Line 4, Exemptions If you are exempt from backup withholding and/or FATGA reporting, enter in the appropriate apace in line 4 any coda(s) that may apply to you. Exempt payee code. • Generally, individuals (including sole proprietors) are not exempt from backup withholding. * Except as provided below, corporations are exempt from backup withholding for certain payments. Including Interest and dividends. • Corporations are not exempt from backup withholding for payments matte In settlement of payment card or third party network transactions. • Corporailons are not exempt from backup withholding Win respeclto ahomeys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health are servloes are not exempt with respect to payments reportable on Form 1099-MISC. The following codes Identify payees that are exempt from backup withholding. Enter the appropriate code in the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) If the account satisfies the requirements of section 48'1(1)(2) 2—The United States or any of Its agencies or Instrumentalities 3—A .fate, the Dlolrlct of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer In securities or commodities required to register in the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 0—A real estate Investment trust 9—An entity registered at all times during the tax year under the investment Company Act of 1940 10—A common trust fund operated by bank under section 584(a) 11—A financial institution 12—A middleman known in the Investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described In section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. ... THEN the payment is exempt for... ayments All exempt payees except for 7 7Hthmugh Exempt payees 1 through 4 and 6 through 11 and all C corpnratlons. S corporations must not enter an exempt peyes code because they are exempt only for sales of noncovered as acquired prior to 2012. Bader exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over$fi0o required to be Generally, exempt payees reported and direct.alas over 85,0001 1 through 52 Payments made In settlement of Exempt payees l through payment card or third party network transactions 'See Form 1099-MISC, Miscellaneous Income, and Its Instructions. 'However, the following payments made to a corporatlon and reportable on Form 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fens, gross proceeds paid to an attorney reportable under section 6045(1), and payments for services paid by a federal executive agency. Exemption it am FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to parsons submilllnq this form for accounts maintained outside of the United States by certain foreign financial Institutions. Therefore, If you am only submitting this form far an account you hold In the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution Is subject to these requirements. A requester may Indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under eecelon 501(a) or any individual retirement plan as depend in section 7701(a)(37) B—The United States or any of its agencies or Instrumentalities C—A slate, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdlvistons or Instrumentalities D—A corporation the stock of which Is regularly traded on one or more established securities markets, as described In Regulations sectlon 1.1472-1(c)(1)(I) E—A corporation that is a member of the same expanded affiliated group as a corporation described in Regulations section 1.1472-1(c)(1)(i) F—A dealer In securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options)that is registered as such under the laws of the United States or any state G—A real estate Investment trust H—A regulated Investment company as defined In section 651 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined in section 584(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403@) plan or section 457(9) plan Nate. You may wish to consult with the financial Institution requesting this form to determine Whether the FATCA coda and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your Information returns. Line 6 Enter your city, state, and ZIP code. Part 1. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS Individual taxpayer Identification number (ITIN). Enter It in the social security number box. If you do not have an [TIN, sae How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LUG that Is disregarded as an entity separate from Its owner (sea Limited Liability Company (LLC) on this page), enter the owner's SSN (or LIN, If the owner has ane). Dc not enter the disregarded entity's FIN. If the LLC is classified as a corporatlon or partnershlp, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. Now to gata TIN, If you do not have a TIN, apply for one Immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local SSA office or gel this form online at wu w.ssa.gov. You may also get this form by calling 1-800.772-1213. Use Farm W-7, Appllcatlon for IRS Individual Taxpayer Identlfloatlon Number, to apply for an [TIN, or Form SS -A, Application for Employer IdenilHoutlon Number, to apply for an EIN. You can apply for an FIN online by accessing the IRS webslle at www.in.gov/businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (f-890-829-3676). If you are asked to complete Form W-0 but do not have a TIN, apply for a TIN and write "Applied For' in the space for the TIN, sign and date the farm, and give It to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the reque.ter before you are subject to backup withholding on payments, The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign ownermust use the appropriate Form W-8. 75K-55 Form W-9 (Rev. 12-2014) Part IL Certification To establish to the withholding agent that you or a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or 5 below Indicate otherwise For ajoint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as Indicated In items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must glveyour correct TIN, but you do not have to sign the codification. 2. Into rest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sigh the certification or backup withholding wilt apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out Item 2 In the certification before signing the form. 3, Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certlticatlon unless you have been notified that you have previously given an incorrect TIN, "Other payments" Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and heatth care services (including payni to corporatlons), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gloss proceeds paid to attorneys (including payments to corporations). S. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 629), IRA, CaveYdeil ESA, Archer MSA or HSA contributions or distributions, and pension distributions, You must give your correct TIN, but you do not have to sign the certlllcatlon. What Name and Number To Give the Requester For this type of account: ' Give name and SSN ot; 1. Individual The individual 2. Two or more Individual. (Joint The actual owner of the account or, account) If combined funds, the first Individual on the account' 3. Custodian account of a mint The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor Is also trustee) b. So-called trust account that Is The actual owner' not a legal or valid trust under state law 5. Sole proprietorship or disregarded Tha owner' entity owned by an Individual 6. Grantor trust filing under Optional The grantor' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(p (A)) For tills type of account; Give name and EIN of: 7. Disregarded entity not owned by an The owner individual 8. A valid trust, estate, or pension trust Legal entity 9. Corporation or LLC electing The corporation corporate status on Farm 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered norolrea The broker or nominee 13. Account with the Department of The public entity Agriculture In the name of a public amity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Farm Tho trust 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(h List flat vad none the name of the person whose number you fumish. If only one peraonon a joint account has on SSN, that person's number must be furnished. °Girds the minor's name and furnish the minor's SSN. °You must show your Individual name and you may also anter your business or DBA name on the "Business name/dirogarded entity' name line. You may use either your Si or EIN Of you have one), but the IRS encourages you to use your SSN. List first and curie the name of the trust, estate, or pension treat, (0o not furnish the TIN of the personal representative or trustee unless the legal entity Itself is not designated In the account line.) Also see Special sufm fur padnamhlps on page 2. 'Note. Granter, also must provide a Form W-9 to trustee of treat. Note. If no name Is circled when more than one name Is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, SSN, or other identifying Informatton, without your conclusion, to commit fraud or other crimes. An Identity thief may use your SSN to get a Job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer Is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and Shane number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you am at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who we experiencing economic harm or a system problem, or are cooking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You ran reach TAS by calling the TAS tell -free case Intake line at 1-877.777-4778 or TTY/TDO 1-600-829-4059. Protect yourself from auspicious ematls or clashing schemes. Flushing is the creation and use of email and websites designed to mimic legitimate business smalls and websites. The most common act Is eonding an email to a user falsely claiming M be an established legitimate enterprise in an attempt to some the user Into surrendering private information that will be used for Identity theft. The IRS does not Initiate contacts with taxpayers via smalls. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited small claiming to be from the IRS, forward this message to phll Bing@)Im.gov. You may also report misuse of the IRS name, [ago, or other IRS property to the Treasury Inspector General for Tax Administration (rIGTA) at 1-600-366-4484. You can forward suspicious ematls to the Federal Trade Commission at: spam®uce.gov or contact them at wwM./tc,govlidthaft or 1-877-I0THEFT (1-877-438-4336). Visit IRS,gov to learn more about identify theft and how to reduce your risk. Privacy Act Notice Section 6100 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file Information returns with the IRS, reaching the above Information. Routine uses of this information include f ivtng it to the Department of Justice for civil and criminal litigation and to titles, states, the District of Columbia, and U.S. commonwealths and possessions for use In administering their laws. The information also may be disclosed to other countries under atl'ealy, to federal and stale agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent Information. 75K-56 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2105-2109 S. BRISTOL STREET (APN 015-194-41) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75K-57 prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2105-2109 S. Bristol Street (APN 015-194-41), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75K-58 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: 4 90r, JW M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75K-59 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75K-60 LEGAL DESCRIPTION Real p operb/ In the City of Santa Ana, County of Orange, State of California, described as follows: LOTS 198 AND 199 OF TRACT NO. 1192, AS PER MAP RECORDED IPI BOOK 39 PAGES 16 AND 17 OF MISCEL.IANEOUS MAPS, IN THE OFFICE OF TI IC COUNTY RECORDER OP SAID COUNTY. APPI: 015-199-91 75K-61 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 EXHIBIT B kF.._au w„aa. g E3' ^1��O^ -- 7 Jyygqlrrc�' 0 C); � 0 O C) 0 .N.I...:._ 1.._�-4..."' f't kL grreruvtW a. �„� O . - 0 ED 'lWti__ CC n O RO ya O O O O to O -JU bN a a . n� �•u't O �. O O s:ie/�.u' � O a O' i �- �N..�_..�— U 1O — WdBNLR—mttroua/ AV[NVF' in 410-43 ID :.�agWnN 3Gu�) 96UE vv -V50 :/a9uIDN /eP/U Resolution No. 2017 -XXX Page 6 of 6 75K-62 r 75K-63 06/15/2017 THU 10:21 FAX PETERSON LAW GROUT IN E � ��` PROFESSIONAL CORPORATION 21 SUITE290 19800 MACARTHUR BOULEVARD GITY OF SANTA ANA IRVINE, CALIFORNIA 92612 ftEM OF CCILINCIL TELEPHONE (949) 955.0127 FACSIMILE (949) 955-9007 June 15, 2017 Clerk of the Council City of Santa Ana, City Hall 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 Facsimile: 714-647-6956 U001/001 Via Personal Delivery and Facsimile Re: Hearing on Resolution of Necessity — Thanh Ngoc Nguyen Bristol Street Widening Project APN 015-194-41 2105-2109 S. Bristol Street, Santa Ana, CA ('Subject Property") Dear Members of the City Council: This office represents Thanh Ngoc Nguyen, owner of the Subject Property. Request is hereby made that this letter be made part of the record, and that we be given the opportunity to be heard at the hearing on the Resolution of Necessity. Ms. Nguyen does not challenge the Resolution of Necessity for the Subject Property. However, the prelitigation offer pursuant to section 7267.2 of the California Government Code is inadequate and does not rise to the fair market value standard. The offer reflects a depression in the surrounding area caused by the project, and thus the offer is project influenced. We look forward to working with the City in reaching a fair and just resolution of the acquisition of the Subject Property that complies with the fair market value standard, CDP: cl Very truly yo Christopher D. Peterson 75K-64 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2240 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3, 2C) CITY kfAWAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2240 South Bristol Street (APN 408-471-06) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2240 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on January 30, 2017, in the amount of $2,035,695 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75L-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2240 S. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $2,035,695 are appropriated in the Bristol Street Improvements Project (No. 116741), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. 4 Al )I FreMousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75L-2 MATCHLINE SEE BELOW RIGHT I 1 1 i I I I h06.736 -i7 I • 1 ..1_.1._1..-.. _-• ST GERTRUDE PL --T------T----� I 1406-471-01 I I I R 408.471.17 111 V! 1016.19441x ------I o0o I ----.--i o15no-I.23: .0,15-104 z4• I'Rffi-f94.2°J, Yom%:01 3 `h`--15.194-25; •015.194 30. i WARNER AVENUE SNC04Ep, -$O5JLC7 PPL1PLPr(- FULL -MUISIT1011 -+',COWPELI PPSIPLrIIrJ SANTA ANA CITY COUNCIL FIW AOEN 2 D� DATE; 177 PUBLIC WORD APEIIG+APEPI01 I o I ST ANDREW PL I I I .. _........ CARLTON PL ,.T_,T.- , 47 I I I GLENWOOD PL CAMDEN PL �ST ANNE PLS �J EXHIBIT 1 N/Jj�j'NFJ MATCHLINE SEE TOP LEFT RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACOUISITION OF REAL No. 6. 10; and 75L-3 PAGE 1 OF 1 V I I I J ar Q� ! NI I I I d11 • N/Jj�j'NFJ MATCHLINE SEE TOP LEFT RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACOUISITION OF REAL No. 6. 10; and 75L-3 PAGE 1 OF 1 I RNA ' s "224 � ' Bristol Street Improvements -Warner Avenue to Saint Andrew place Parcel File No, 408.471-00 Owners of Record: Aida South, LLC, a limited liability company, as to an undivided Y7, Interest and Vicale, LLC, a limited liability company as to an undivided !z interest Additional Owner(s) of Record: NIA, Property Address: 2240 S, Bristol Street, Santa Ana, CA 92704 This is to acknowledge receipt of the offer package containing the following Items: Offer letter dated January 30, 2017 which includes: • Fair Market Value of the Subject Property (Cxhiblt A) • Preliminary Report Issued by Title, Company (Attachment 1) • Property Legal Description {Attachment 2) • Statement of Just Compensation (Attachment 3) Summary Explanation Statement (Attachment 4) a City of Santa Ana Handbook on Acquisition (Attachment 5) Statement of Ownership (Attachment 6) List of Improvements (Attachment 7) Your Rights Under Title VI (Attachment 8) W-9 Form (Attachment 9) Please return the SIGNED Receipt of Offer Package in the envelope enclosed:. Vitale LLC Aida South, LLC By: By: Its: - Its: Date, _ Date: m 4 7 January Sq; 2017 Vitale, LLC Attm Bob Adler 6625 Zumirez Dr. Malibu, CA 90265 CITY OF SANTA ANA 20 civic center Plaza o P.O. Box 1988 Santa Ana, California 927D2 714-047-5013 yymu santa-ana AYq. ACTING CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia R,'Ga€vathd CLERK Or THE COUNCIL Marie D. War Via Certified Mail SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO REALTY AT: 2240 S. E;RisToLSTREET, SANTA ANA, CA 92704 APW 408-471.05 Dear Property Owner, This Offer supersedes all previous Offers to Acquire, The City of Santa Ane ('City') is proceeding with its plans to construct Phase 4 of the Bristol' Street Improvements Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists Aida South, LLC, a limited liability company, as to an undivided % interest; and Vicale, LLC, a limited liability company as to an undivided f interest to be the vested owners of the above-mentioned property as shown in Attachment 4. The City seeks to acquire the :property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2, The area to be acquired is referred to herein as the "Property". No final determination has been made as to the ownership of the Property, This offer is contingent upon presentation of conclusive evidence of title, if more than one person has an interest in the Property that the. City is seeking to acquire, all parties with such interest must accept this offer, As you know; the City had your Property appraised by certified appraisers for the real estate as well as improvements pertaining to the realty to determine its fair market value The appraisals were conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisals, the City offers you a total compensation of $2,035,695.00, The Fair Market Value of the Subject Property, which serves as the basis of this offer is attached as Exhibit A. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a resolution of Necessity, or both. 75L-5 2240 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional Information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event, The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price Is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Handbook on Acquisition provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a), This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75L-6 2240 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit riot to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call the City's acquisition consultant, Kathy Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841. Sincerely, /` /`7 Jason Gabriel, Principal Civil Engineer cc: Christopher D. Peterson, Esq. 75L-7 CLIA Preliminary Report Form (Rev. 11/06) ATTACHMENT Order Number: O -SA -4443317 Page Number: 1 Amended/ Updated O8120/2015 `*}1 A F.,, C9 Fr°stAmerican rifle 4 First American Way Santa Ana, CA 92707 Customer Reference: Order Number: O -SA -4443317 (bdaa) Title Officer: Bob Davies / Ashley Aegerter Phone: (714)250-3094 Fax No.: (714)913-6388 E -Mail: octitle2@flrstam.com Property: 2240 South Bristol Street Santa Ana, CA PRELIMINARY REPORT In response to the above referenced applkation for a policy of title insurance, this 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 hall 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 below or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations 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 Ekhlblt A attached. The policy to be issued may contain an arbitration clause, When the Amount oflnsurance is less than thatset/c th in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insuredas 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 Habllky for certain coverages are also set forth In exhibit A. Copies of the policy forms should be read. They are available from the office w*h Issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit A 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 rarefudly 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. 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 Ilablllty be assumed prior to the Issuance of a policy of title Insurance, a Pincer or Commitment should be requested. FirstAmerican Title Page 1 of 14 75L-8 Order Number: O••SA^4443317 Page Number: 2 Dated as of August 26, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof Is vested in: ALDA SOUTH, LLC, A LIMITED LIABILITY COMPANY, AS TO AN UNDIVIDED 1/2 INTEREST; AND VICALE, LLC, A LIMITED LIABILITY COMPANY AS TO AN UNDIVIDED Y2 INTEREST The estate or interest in the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 11 General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. The effect of a map purporting to show the land and other property, filed March 12, 1954 in Book 27, Page 35 of Record of Surveys. 4. The effect of a map purporting to show the land and other property, filed December 23, 1955 in Book 30, Page 24 of Record of Surveys. 5. The Terms, Provisions and Easement(s) contained in the document entitled "Agreement" recorded January 18, 1956 in Book 3358, Page 495 of Official Records. Document(s) declaring modiflcations thereof recorded June 22, 1960 in Book 5298, Page 21 of Official Records. 6. An unrecorded lease dated June 30, 1980, executed by Victoria Leslie Deutsch and Alexis Lee Deutsch, each as to an undivided one-half (1/2) Interest as lessor and Conroy's, Inc. as lessee, as disclosed by a Memorandum of Lease recorded August 4, 1980 as Instrument No. 3285 In Book 13688, Page 1734 of Official Records. First American Title Page 2 of 14 75L-9 Order Number O -SA -4443311 Page Number; 3 Defects, liens, encumbrances or other matters affecting the leasehold estate, whether or not shown by the public records. Y. An easement for public street purposes and incidental purposes, recorded February 5, 1981 as Instrument No. 7042 in Book 13940, Page 161 of Official Records. In Favor of: City of Santa Ana, a Municipal Corporation Affects: As described therein B. An easement for utilities and Incidental purposes, recorded April 6, 19BI as Instrument No. 5531 in Book 14009, Page 1040 of Official Records. In Favor of: The Pacific Telephone and Telegraph Company Affects: As described therein 9. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 10. Water rights, claims or title to water, whether or not shown by the public records. 11. Rights of parties in possession. Prior to the Issuance of any policy of title insurance, the Company will require: 12. With respect to Alda South, LLC, a limited liability company: a. A copy of its operating agreement and any amendments thereto; J. If it is a California limited liability company, that a certified copy of Its articles of organization (LLC -1) and any certificate of correction (1-1-C-11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -10) be recorded In the public records; c. If it is a foreign limited liability company, that a certified copy of Its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or Instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified In the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other Information which the Company may require FirstAmeriean Title Page 3 of 14 75L-10 Order Number: O -SA -4443317 Page Number: 9 13. With respect to Vicale, LLC, a limited liability company: a. A copy of Its operating agreement and any amendments thereto; b, If it Is a California limited liability company, that a certified copy of its articles of organization (LLGi) and any certificate of correction (1-1-C-11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -10) be recorded in the public records; c. If it is a foreign limited liability company, that a certified copy of Its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or Instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed In accordance with one of the following, as appropriate: (i) If the limited ]]ability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (II) If the limited liability company properly operates through a manager or managers Identified In the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require FirstAmerican Title Page 4 of 14 75L-11 Order Number: o-SA•4443317 Page Number: 5 ----- J INFORMATIONAL NOTES Note; The policy to be Issued may contain an arbitration clause, When the Amount of Insurance is less than the certain dollar amount set forth In any applicable 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. If you desire to review the terms of the policy, Including any arbitration clause that may be Included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. 1. General and special taxes and assessments for the Fiscal year 2014-2015. First Installment: $5,136.20, PAID Penalty: $0,00 Second Installment: $5,136.20, PAID Penalty: $0.00 Tax Rate Area; 11-102 A. P. No.: 408-471-06 2, According to the latest available equalized assessment roll In the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2240 South Bristol Street, Santa Ana, California. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prier to the date of this report, except as follows: None 4, We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title Insurance policy, if any, to which this map is attached. FirstAmellcan Me Page 5 of 14 75L-12 .Tyl AAIAp, First Amcrica a Trio Order Number: e•SA4443317 Page Number: 6 First American Title Company 4 First American Way Santa Ana, CA 42707 (719)250-3000 Fax - WIRE INSTRUCTIONS for First American Title Company, Demand/ Draft Sub -Escrow Deposits Orange County, California First American Trust, FSB 5 First American Way Santa Ana, CA 92707 Banking Services: (877) 600-9473 ABA 122241255 Credit to First American Title Company Account No. 3012500000 Reference Title Order Number 4443317 and Title Officer Bob Davies / Ashley Aegerter Please wire the day before recording. FlrstAmerican Title Page 6 of 19 75L-13 order Number O -SA -44433 7 Page Number: 7 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: THAT PORTION OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE LAND ALLOTTED TO F,W. KOLL IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON A LINE PARALLEL WITH AND NORTHERLY 52.00 FEET FROM THE SOUTH LINE OF SAID SECTION 23, AS SHOWN ON A MAP TRACT NO. 2207, RECORDED IN BOOK 62 PAGES 23 AND 24, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH 890 48'45" WEST 192.00 FEET THEREON FROM THE EAST LINE OF SAID SECTION AS SHOWN ON SAID MAP; THENCE NORTH 00 10'45" EAST 150.00 FEET PARALLEL WITH SAID EAST LINE; THENCE NORTH 890 48' 45" EAST 150,00 FEET PARALLEL WITH SAID SOUTH LINE TO A LINE PARALLEL WITH AND WESTERLY 42.00 FEET FROM SAID EAST LINE; THENCE SOUTH 00 10',15" WEST 125,16 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY 39.11 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 890 38'00" TO THE POINT OF TANGENCY WITH SAID FIRST MENTIONED PARALLEL LINE; THENCE SOUTH 890 48'45" WEST 125.16 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE INTEREST RESERVED TO THE CITY OF SANTA ANA OF THE ADJOINING STREETS BY GRANT DEED RECORDED JUNE 13, 1980 AS INSTRUMENT NO. 13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS, ALSO EXCEPT THEREFROM ALL OIL, GAS, WATER AND MINERAL RIGHTS WITHOUT, HOWEVER, THE RIGHT TO USE THE SURFACE OF SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF FOR THE EXTRACTION OF SUCH OIL, GAS, WATER OR MINERALS, AS RESERVED TO THE CITY OF LOS ANGELES BY GRANT DEED RECORDED JUNE 13, 1980 AS INSTRUMENT NO. 13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS. APN: 408-471-06 Rl-stAmerlcan Title Page 7 of 14 75L-14 _._*O -SA -4443317 ee =w � . - 71� e ! (@ . : `2 ))W)! \! � . \ \ � me «r Page e, 75L.15 Order Number: OSA-4443317 Page Number: 9 NPTXCE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds In an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or dlsbursing funds. This statute allows for Funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. F1rstAme1'ican Title Page 9 of 14 75L-16 Order Number; O -SA -4443317 Page Number: 10 EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (02-03-10) 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; (d) Improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This rxcluslon does not Ilmit the coverage described In Covered Risk 8,a„ 14, 15, 16, 18, 19, 2123 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 cleated, 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 spedflcally 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 or 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. 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. Your Deductible Amount Our McXilmum Dollar Limit of Liability Covered Risk 16: 10A of Policy Amount or $2,500,00 (whichever Is less) $10,000.00 Covered Risk 18; 10h 0f Policy Amount or $5,000.00 (whichever Is less) $25,000.00 Covered Risk 19: 19/b of Policy Amount or $5,000.00 (whichever is less) $25,000.00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever is less) $5,000.00 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) 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 any law or government regulation. This Includes building and zoning ordinances and also laws and regulations concerning: (a) and use (b) Improvements on the land (c) and division (d) environmental protection This exclusion does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. This exclusion does not limit the zoning coverage described in Items 12 and 13 of Covered Title Risks. 2. The rlghtto takethe land by condemning It, unless: First American Title Page 10 of 14 75L-17 OrderNumber: O -SA -4443317 Page Number: 11 (a) a notice of exercising the right appears In the public records on the Policy Date (b) the taking happened pilot to the Polley Date and Is binding on you If you bought the land without knowing of the taking 3, Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date -- unless they appeared In the cable records (c) that result In no loss to you (d) that First affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 of Covered Title Risks 4. Failure to pay value for your title. 5, lack of a right: (a) to any land outside the area specifically described and referred to In Item 3 of Schedule A OR (b) In streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage In Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (06-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (Including those relating to building and zoning) restricting, regulating, prohlblting, or relating to (1) the occupancy, use, or enjoyment of the Land; (11) the character, dimensions, or location of any Improvement erected on the land; (III) the subdlvlslon of land; or (Iv) environmental protedlon; or the effect of any violation of these laws, ordinances, m' 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 ernment domain. This Exclusion does not modify or Ilmit 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 wriling to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this Polley; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Polley (however, this does not modify or Ilm@ the coverage provided under Covered Risk 11, 13, or 14); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage, A. Unenforceablllty of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land Is situated. 5. Invalidity or unenforceability In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protection or truth -in -lending law. 6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or alai creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 13(b) of this policy, 7, Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the data of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage in a Standard Coverage policy will also include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss of damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments Lhat are riot shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons in possession of the Land. 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records, FirstAtnerlcan iit(e Page 11 of 14 75L-18 Order Number: OSA-4443317 Page Number: 12 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records, 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Ads authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records, 6, Any lien or right to a lien for services, labor or material not shown by the public records. 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 of damage, costs, attorneys' fees, or expenses that arise by reason of; I, (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) 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 Exrluslon L(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion f(h) 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. Deposits, 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 pilar 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 or 10); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value foe Che 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 an the Tide for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policyand the date of recording of the deed or other Instrument of transfer In the Public Records that vests Mile as shown in Schedule A. The above policy form may be Issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons In possession of the Land, 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, varladon, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records, 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorfArg the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records, 6. Any lien or right to a lien for services, labor or material not shown by the public records. ALTA EXPANDED COVERAGE RESIDENTIAL IRAN POLICY (07.26-10) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the beverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: FirstAmarican T!tla Page 12 of 14 75L-19 Cider Number; O -SA -4443317 Page Number; 13 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) 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 51 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or S. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 20, 21, 22, 23, 24, 27 or 28); or (e) resulting In loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage. 4. Unenforceabllity of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land Is situated. S. Invalidity or unenforceability In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protectlon or truih-In-lending law. This Exclusion does not modify or Ilmlt the coverage provided In Covered Risk 26. 6. Any claim of Invalidity, unenforceability or lack of priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule A Is no longer the owner of the estate or Interest covered by this policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or limit the coverage provided In Covered Risk 11(b) or 25. 8. The failure of the residential structure, or any portion of It, to have been constructed before, on or after Date of Policy in accordance with applicable building codes. This Exclusion does not modify or limit the coverage provided In Covered Risk 5 or 6. 9. Any claim, by reason of the operation of federal hanks uptcy, state Insolvency, or similar creditors' rights laws, that the transacuon creating the lien of the Insured Mortgage, Is (a) a ri audulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 27(b) of this policy. RmtAmerican Title Page 13 of 14 75L-20 Order Number: O -SA -4443317 Page Number; 14 FirstAmerican True Privaq Information Wo Are Committed to Safegrmrding Customer Informatinn In order he better serve your needs now and in the future, we may ask you to provide us with certain Information. We i ndestand that you may be confound about what we Will do with such Information - particularly any personal or flnandal information. We agree that you have a Hght to know ImVr we will uttlze the personal information you provide to us. Therefore, together With our subsidiaries we leave adopted this Privacy Policy to govern the use and handling of your parsonal Information. Applicability This Privacy Paltry govem; our use of the Information that you provide to us. It does not govern the manner In which we may use Information we have atoned from any other source, such as Information cletoded from a public record or ions another person or entity. First American has also adopted broader guidelines that govern our use of persart Information regamuse of its some. FirstAmeman mils these guldtlines its Fair fnficann ion Values. Types of Informatinn Depending upon which of our services you are utilizing, the types of aanpublic personal informal'on mat we may collect Include: • Information we receive mon you on applications, forms and In other communications to us, whether rn writing, In person, by telephone many other means; • Information aboatyour transactions vain us, our affillated compei or others; and • information we receive from a consumer reporting agency. Use of information We request Information from you for our own IeglWnale business purposes and not or the benefit of say nocaffirated party. Therefore, we will not release your Information to noreffiliatel parties except: (I) as necessary for us to provide the product ar service you have requested of us; or (2) as permitted by law. We may, however, stare such Information indefinitely, Including the period afterwhich any customer relationship has coined. 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Form 50 -PRIVACY (9/1/10) Page I of 1 Privacy Informatee (2001-2010 First American Financial Corporation) FlistAmencan Title Page 14 of 14 75L-21 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: THAT PORTION OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE LAND ALLOTTED TO FW. KOLL IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON A LINE PARALLEL WITH AND NORTHERLY 52.00 FEET FROM THE SOUTH LINE OF SAID SECTION 23, AS SHOWN ON A MAP TRACT NO. 2207, RECORDED IN BOOK 62 PAGES 23 AND 24, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH 890 48'45" WEST 192.00 FEET THEREON FROM THE EAST LINE OF SAID SECTION AS SHOWN ON SAID MAP; THENCE NORTH 0" 10'45" EAST 150.00 FEET PARALLEL WITH SAID EAST LINE; THENCE NORTH 89'48'45" EAST 150.00 FEET PARALLEL WITH SAID SOUTH LINE TO A LINE PARALLEL WITH AND WESTERLY 42,00 FEET FROM SAID EAST LINE; THENCE SOUTH 9`10'45" 45" WEST 125.16 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY 39.11 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89'38'00" TO THE POINT OF TANGENCY WITH SAID FIRST MENTIONED PARALLEL LINE; THENCE SOUTH 890 48'45" WEST 125.16 FEETTO THE POINT OF BEGINNING. EXCEPT THEREFROM THE INTEREST RESERVED TO THE CITY OF SANTA ANA OF THE ADJOINING STREETS BY GRANT DEED RECORDED JUNE 13, 1980 AS INSTRUMENT NO. 13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS. ALSO EXCEPT THEREFROM ALL OIL, GAS, WATER AND MINERAL RIGHTS WITHOUT, HOWEVER, THE RIGHT TO USE THE SURFACE OF SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF FOR THE EXTRACTION OF SUCH OIL, GAS, WATER OR MINERALS, AS RESERVED TO THE CITY OF LOS ANGELES BY GRANT DEED RECORDED JUNE 13, 1980 AS INSTRUMENT NO. 13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS, APN: 408-471-06 75L-22 ATTACHMENT 3 STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Aida South, LLC, a Limited Liability Company, as to an undivided!12 interest, and Vicale, LLC, a Limited Liability Company as to an undivided % interest. The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary") required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b). The appraisal on which this surnmary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. 75L-23 The property is being appraised for the possible full acquisition by the City of Santa Ana to assist in negotiations with the property owner for the possible full acquisition of the subject property as a part of the Bristol Street Widening Improvement Project. DESCRIPTION OF THE SUBJECT PROPERTY Ownership: Alda South, LLC, a Limited Liability Company, as to an undivided % interest; and Vicale, LLC, a Limited Liability Company as to an undivided '/z interest. Location: 2240 South Bristol Street, Santa Ana, California 92704 Assessor's Parcel No.: 408-471-06 Date of Value: November 29, 2016 Property Rights Appraised: Fee simple Site Area: Approximately 21,300 square feet, or 0.49 acre, according to public records. Zoning: The parcel is zoned C-2 (General Commercial) and O (Park) within the Bristol Street Corridor Specific Plan designated by the City of Santa Ana. Only the 10 feet along Bristol Street is zoned O, while the remainder is zoned C-2. Prior to 1991, the entire site was zoned C- 2. The General Plan designation is GC 0.5 (General Commercial). Present Use: Highest and Best Use (As Vacant): Highest and Best Use (As Improved): Commercial Retail development Continue the existing use Improvements: According to information obtained from public records and verified by physical measurements of the building, the building has a gross building area of 2,894 square feet. It was originally constructed in 1980, and is in average condition for its age. 75L-24 Description of Acquisition: A full acquisition is proposed SALES COMPARISON APPROACH The estimated fair market value of the subject property is based on improved sales data for other properties with essentially the same utility and amenities. The subject property is located on a primary arterial street and the property benefits from good access and visibility. To analyze the value of the subject property, a search was conducted of the market area for similar improved office building sales. Very few transactions were found in Santa Ana. The search was expanded to surrounding areas and included small commercial buildings that sold throughout Orange County since January 2015, between 1,000 and 10,000 square feet in size. Of the comparables discovered, the six most similar properties were chosen for comparison. The comparables reflect selling prices ranging from approximately $513 to $1,169 per square root of building area. The sales comparison approach is developed to provide an indication of the fee simple market value. The comparable sales are analyzed using the price per square foot method, which is the typical basis used by buyers in this market. This unit of measure provides a reliable basis of comparison for the assignment. Included on the following page is a Comparable Improved Sales Summary. 75L-25 75L-26 COMPARABLE IMPROVED SALES SUMMARY Location CDE Date Bldg Sze SF Year Built Sales Price APN Doc No, land Area SF Site Cov. Price PSF7131dq Comments Subject Property 2240 5 Bristol Bract WApp 2,894 1980 NI/App subject property has good frontage Santa Ana, CA 92704 WApp 21,300 14% NI/App on Bristol Street and Warner Avenue, 408-471.06 asi nalized Intersection. Comparable No. 1 25109 Bristol Bract 3/202015 2,750 1970 $1,410,630 The purchasaof a single-tenant retail Santa Ana, 0492704 144982 11,853 23% $512.96 pad building, as a portion of the Fbrtlon of 412-191.05 larger Bristol Brest Fstail Siops Buyer: 2430 South W slol, LLC transaction, The total purchase price Sailer: Bristol Central, LP Is reported to be $10.847,500, or $526/sf. The sale pricy shown for this property is the allocated price Comparable No. 2 2502 S Bristol Brest 3/20/2015 2,000 1970 $1,025,913 The purchase of a single- tenant retell Santa Ana, M 92704 144982 8,621 23% $512-96 pad building, as a portion or the Portion of 412.191.05 larger Bristol areet F etail 9iops Buyer: 2430 South Bristol, LLC transaction. The total purchase price isreported to be$10,847,500, or $526/of. The sale price shown for this properly is the allocated price sailer: &Istel Central LP perbullding. Mldblocklocatlon. Comparable No. 3 24309 Bristol arcet 3/20/2015 2,775 1970 $1,423,454 The purchamof a dngle-tenant retail BrntaAna, O992704 144982 11,962 23% $512.96 pad building, as a portion of the Pbrtion of 412-191-05 larger Bristol Brest Flatall Slaps Buyer: 2430 south Bristol, LLC transaction. The total purchase price Is reported to be $10,847,500, or $5261sf, The sale prim shown for thisproperty, is the allocated price Seiler: Bristol Cartral LP par bulldin . Midblock location. Comparable No. 4 1310S Euclid Street 7110/2015 2,400 1960 $1,400,000 Bala of asingle-tenant commercial Fullerton, CA 92832 362419 6,600 36% $583.33 building, operated asabar.The 073-310-18 and 073-310-06 broke reports that $25,000 was Buyer: 1310 SEuclid Brest, LLC allocated for the liquor license. Mid- 'Alar: ,bhn H.,bhnson and Dolette.bhnson. Trustees blocklocatlon. Comparable No. 5 17991 Euclid Sreet 428/2016 2,870 1990 $2,350,000 Rurchass of a commercial building, Fountain Valley, 0492708 187715 21,854 13% $818.82 formerly utilized ase restaurant. 169.201.04 &od signalized intersection Buyer: Krystal Fham, LLC location. adler: Csor iocR as asTrustm Comparable No, 6 101 W. Ketella Avenue 91/1612015 2,640 1999 $3,085,000 :Bile of adngle-lenant retail building, Anaheim, CA 92802 589530 18,905 14% $1,168.56 occupied by 7-11, Sgnsllzed corner 082.432-25 location. Buyer: Todd 1. Sahlffman, as trustee S41er: The Equities 111 LLC 75L-26 Conclusion After adjustments for market conditions, the comparables establish a fair market value range for the subject property between $572 and $1,245 per square foot as shown in the following table. Comparable Nos. 1 through 4 are rated inferior, while Comparable Nos. 5 and 6 are rated superior. Based on the subject property's size, location and condition, a value above $622, but below $852 is indicated for the subject property. A fair market value of $670 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of November 29, 2016, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 2,894 SF X$670PSF= $1,938,980 ROUNDED 75L-27 $1,940,000 Indicated Values Comparable Overall Indicated $ISF No. Comparability 1 Inferior $572 2 Inferior $572 3 Inferior $572 4 Inferior $622 Subject ..... $670 6 Very Superior $852 5 Very Superior $1,245 A fair market value of $670 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of November 29, 2016, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 2,894 SF X$670PSF= $1,938,980 ROUNDED 75L-27 $1,940,000 INCOME APPROACH The subject property is a commercial building utilized as a florist shop. As such, the fee simple value is analyzed using market rent and expenses. Market Rent Analysis A survey of Santa Ana and the surrounding cities for recently executed leases and asking rents for office space ranging from 500 to 5,000 square feet in size is used in the analysis. The important factors considered during selection of the comparables include location, building area, visibility and access. The search focused on properties with arterial street visibility, but data for such properties was found to be somewhat limited; however, sufficient data was available to estimate a market rental rate for the subject property. The survey properties indicate that rents are written on a triple -net basis, which will be utilized. For triple -net leases, the tenants pay operating expenses such as property taxes, insurance, tenant utilities and janitorial, common area maintenance and utilities, building repairs and maintenance, security, parking and sometimes management (or a portion of management). These expenses are normally recouped by the landlord in the form of an expense reimbursement charge. The landlord is still responsible for non -reimbursed management (collecting the check and watching over the property) miscellaneous expenses such as those incurred between tenancy, accounting, legal, and replacement of short-lived items such as the roof, air-conditioning units and exterior walls, if applicable. Based on the review of the rental data and after consideration for differing property characteristics, it is concluded that a rental rate of $3.10 per square foot per month, triple -net, for the subject property is reasonable for the analysis and is used in the direct capitalization analysis. The estimated market income for the subject property is calculated in the following table: CONCLUDED MARKET RENT Building Market Rent/SF Market Annual Market Size Mo. Rent/Mo. Rent 75L-28 2,894 Sr $3.10 $8,971 $107,657 Vacancy and Collection Loss Single -tenant buildings are typically valued assuming no vacancy or collection loss. However, from the perspective of an investor, a stabilized vacancy and collection loss within the historical range is usually applied, assuming a five- to 10 -year holding period. An estimated stabilized vacancy and collection loss of 3% is considered appropriate for the direct capitalization analysis. Expense Analysis The subject property is an owner -user office building. Typically, leases for similar buildings in this market are written on a triple -net lease basis, where the tenant is responsible for operating expenses for the property including: taxes, insurance, utilities, common area maintenance, building repairs and maintenance. The owner is responsible for management, miscellaneous expenses, and administrative costs. The capital value analysis has been analyzed on a typical triple -net basis. Overall Capitalization Rate A review of sales and listings of commercial properties found that reported OARS reflect rates from 4.3% to 5.5%. These sales are considered the best evidence of an appropriate capitalization rate for the subject property. 75L-29 DIRECT CAPI TALI ZATI ON ANALYSIS 2240 S Bristol Street Santa Ana, California INCOME: Rental Income Annual Market Fbntal Income Monthly Rental Income $3.10 PSF x 12 Months $107,657 Total LeaseableArea 2,894 SIF Total Potential Gross Income $102,049 Capitalization Fete $107,657 Vacancy 3% $1,943,793 ti()t lmnPn 3230 Effective Coss I name $104,427 REIMBURSABLE EXPENSES: $/SF Management 2.0% ($0.72) ($2,089) Ives = 101 .4$289) Total RAmbursable Expenses (,$0.82) ($2,378) $2378 Net operating Income $102,049 Capitalization Fete 5.25°/ Indicated Value at Market Fent $1,943,793 ti()t lmnPn G4 OdF nnn *Difference may ho duoto rounding. Income Approach Conclusion The direct capitalization analysis and resulting indication of market value via the income approach is shown on the following page. The indicated fair market value, as of November 29, 2016, is as follows: INDICATED VALUE - INCOME APPROACH $1,945,000 75L-30 CONCLUSION OF VALUE The sales comparison approach is based on the premise that a purchaser will not pay more for an existing property than for a comparable property of similar utility. This approach directly reflects the actions of buyers and sellers and is the approach most often used by owner -users in this market. The subject would primarily appeal to an owner -user or small investor, and the most likely buyer would be an owner -user or investor. There is a sufficient quantity of comparable sales data with adequate quality of information. The sales comparison approach is considered to be a reliable indicator and is given weight in the final reconciliation. The income approach is predicated on the principle of anticipated economic benefits. The information available regarding market rents,.vacancy, expenses and investor return requirements is sufficient and adequate to determine a reliable indicator of value. The income approach has been given weight in the final value conclusion. APPRAISAL CONCLUSION Considering the data and analyses presented, the opinion has been formed that as of November 29, 2016, the fair market value of the subject property is: INDICATED VALUE Sales Comparison Approach $1,940,000 Income Approach $1,945,000 Reconciled Value (Rounded) $1,945,000 The above is a summary of my appraisal prepared at the request of, and to be used by, the client to comply with Code of Civil Procedure Section 1255.010(b). My appraisal is the basis for this summary and was made in accordance with accepted appraisal principles, consistent with California Valuation Law. Stephanie L. Kavanaugh, Certified General Real Estate Appraiser, Certificate No. AG030565, provided assistance in this assignment. BY: Elizabeth M. LAI, AI-GRS Certified General Real Estate Appraiser Certificate No, AG005391 Expiration Date: April 13, 2018 75L-31 CERTIFICATION We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are time and correct. 2. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have previously appraised the subject property in our File No. 15-5298, dated December 5, 2015. 4. We have performed no services, as appraisers or in any other capacity, regarding the property that is the subject of this report within the past three-year period immediately preceding acceptance of this assignment. 5. We have no bias with respect to the property that is the subject of this report or to the parties involved in this assignment. 6. Our engagement in this assignment was not contingent upon the developing or reporting predetermined results. 7. Our compensation is not contingent on the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal, 8. Our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice, 9. Stephanie Kavanaugh has made a personal inspection of the property that is the subject of this report. Elizabeth M. Kiley has not made an inspection of the subject property, bill has fully participated in the analyses, opinions and conclusions concerning real estate contained in this report and firlly concurs with the conclusions expressed herein. 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The reported analyses, opinions and conclusions were developed, and this report has been prepared in conformity with the Code of Professional Ethics and Standards of Professional Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. 13. As of the date of this report, Elizabeth M. Kiley has completed the continuing education program for Designated Members of the Appraisal Institute. Elizabeth M. Kiley, MAI, AI-GRS Certified General Real Estate Appraiser Certificate No. A0005391 Expiration Date: April 13, 2018 Stephanie L. Kavanaugh Certified General Real Estate Certificate No. AG030585 Expiration Date: April 12, 2017 75L-32 ATTACHMENT 4 8UAI ARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in year property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed. to 'the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on. the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price; a. Is the full amount believed by the City to be just compensation for the property taken; Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of"fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full Imowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to rej cot the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75L-33 ATTACHMENT 5 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75L-34 Dear Property Owner Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75L-35 TABLE OF CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY RAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALI{ TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF NST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? .4 WHATHAPPENS IF I DO NOT AGREE TO THE FINAL P'URC'HASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I RAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 How SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER L08S OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGIIT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE. OTIIER QUESTIONS ABOUT THE PROCESS? 7 75L-36 WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency ([he City), has determined that your property May be required for the improvements of Bristol Sheet. WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The lights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and em neat domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAKES TAE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council atter a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCII TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report, The City is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available, 75L-37 HOW DOES AN APPRAISER DETERMINE TILE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: I -low it compares with similar properties in the area that have been sold recently. I -low much it would cost to reproduce the buildings and other structures, less any depreciation. How much rental income it could produce after expenses and Trow investors typically value that income. WILL I HAVE, A CHANCE TO TALI{ TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property, You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise you property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no finding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to bejust compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written pu'cbaso offer. Among other things, this statement will include: The recognized definition of the term "fair market value" or the equivalent term. 75L-38 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired. • A list of the improvements covered by the offer, • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value, • The amount of the offer. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be, separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonahle costs up to $5,000 subject to the following conditions; • You may order you own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ana, Public Works Agency, 20 Gude Center Plaza M-36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the. selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with subirrission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75L-39 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? I£ you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property, It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WI4AT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property, In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if: 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and deterrntned, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you arc entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a,jury trial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75L-40 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the comm an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownen5hip problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faitb. Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the fine of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense,) If you arrange to keep any improvement pertaining to the property, you will not be, entitled to receive a relocation payment for the cost of moving it to a new location. 75L-41 CAN THE CITY TACE ONLY A PART OF MY PROPERTY? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fain rental value for a typical rental period, However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. in most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required, In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder, (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 75L-42 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, IOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WIZEN I BOUGHT IT. MUST I PAY' CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75L-43 ATTACHMENT STATEMENT OF OWNERSHIP PERSONAL PROPERTY, TENANT IMPROVEMENTS, FIXTURES AND EQUIPMENT PARCEL NO,: PROJECT: TENANT'S NAME: ADDRESS: CITY/STATE/ZIP CODE: CCU: The undersigned tenant agrees thatthe items listed on the attached inventory are owned by him or her. Date: Tenant PROPERTY OWNER'S NAME: ADDRESS: CITY/STATF,/7.IP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Property Owner Date: Please have each signature on this document notarized. 75L-44 CITY OF SANTA ANA CIO SOURI AMIRANI CIVIL SOURCE ENGINEERING { ATTACHMENT 7 CONROYS FLOWER 2240 S, BRISTOL FAIR MARKET VALUE IN-PLACE DATE OF VALUE: OCTOBER 7, 2015 1 T DESCRIPTION: o U -a FMV IN N Y TENANT IMPROVEMENTS PERTAINING TO THE REALTY N A, PLACE ❑ ❑ L 1 1 CONSTRUCTION, HANDICAP PARKING C/O G A $ 2,915 (624)SF OF OVERLAY (1) STRIPING, (1) HANDICAP PARKING SPACE, (1) ADA BLUE CROSS HATCH, (3) HANDICAP SIGNS AND POSTS, (3) CEMENT4' WHEEL STOPS 4 1 ELECTRICAL CONSTRUCTION, C/O 4,725 (1) 50 AMP CIRCUIT RUN (1) MAIN METER E 6 1 SPRINKLER SYSTEM INCLUDING CONTROL TIMER A A 260 7 8 1 WALL ORNAMENTATION (90)LF CURTAIN VALANCE A A 40 9 10 1 LADDER, FIXED, ATTIC ACCESS, WOOD FOLDING A A 245 11 12 1 INSTALLATION OF IT/POS/COMPUTER SYSTEMS 2,400 INCLUDING NETGEAR ROUTER SWITCH, FIREWALL/VPN, AT&T MODEM, ARRIS NVG610, WIRELESS ROUTER, CISCO, E-100 LINKSYS ` 13 (3) PHONES, PANOSONIC KXT773-1 OR SIMILAR 14 15 1 SURVEILLANCE SYSTEM VG A 6,255 16 (1) DVR RECORDER, 20 CHANNEL 17 (5) CAMERAS, EXTERIOR, 1 -11 -DEF COLOR " 18 (9) CAMERAS, INTERIOR, HI -DEF COLOR 19 (2) FLAT SCREEN MONITOR, ACER, 19" AND 17" 20 21 FLOWER ARRANGEMENT AREA 22 23 OFFICE F A 1,360 24 (1B) LF COUNTER, WOOD/LAM, OPEN BASE 25 (15) LF WALL CABINETS, WOOD, PAINTED, 3.5'H 26 27 1 COOLER, (308)SF, 2 FAN COOLING COIL, (680)SF PVC A A 2485 7,300 WALL COVER, INCLUDES ROOF TOP REFRIGERATION COMPRESSOR, PLUMBING, AND ELECTRICAL, (WALL STRUCTURE NOT INCLUDED -ROOM WAS CONVERTED TO COOLER WITH EXISTING WALLS) INCLUDES (1)1OFT WALL MOUNTED ALUM LADDER 28 29 1 FLOWER FEED SYSTEM 0/0 G A 2487- 8 30 (1) DOSAGE CONTROL INJECTER, DOSATRON, 1,520 31 (2OLF .5" COPPER PIPE 32 (50) LF 3/4" PVC PIPE Hjelmstrom Associates Page Al 75L-45 CITY OF SANTA ANA CONROYS FLOWER 2240 S. BRISTOL C/O SOURI AMIRANI FAIR MARKET VALUE IN-PLACE CIVIL SOURCE ENGINEERING DATE OF VALUE: OCTOBER 7, 2015 L Q C 4 1 T DESCRIPTION: 0 U v FMV IN N Y TENANT IMPROVEMENTS PERTAINING TO THE REALTY N A 0 PLACE E INCLUDES 30 TRAY PLASTIC PULL CUT TRAYS ❑ L 33 (3) VALVES, NOZZLES 40 1 SCULLERY SINK, 6', DBL BASIN SGF 34 41 35 1 LOT C/O SHELVING AND WORK BENCH (COULD BE A/F A 2489 4,765 Hjelmstrom Associates Page A2 75L-46 MOVEABLE IF NEW LOCATION ACCOMODATES) 3B (66)LF WALL SHELVING, WOOD PAINTED 37 (75)LF COUNTERTOPS, SS, FORMED EDGES 38 (75)LF BASE SHELVING, WOOD, ADJ SHELVES INCLUDES 30 TRAY PLASTIC PULL CUT TRAYS 39 40 1 SCULLERY SINK, 6', DBL BASIN SGF A A 960 41 42 1 LOT C/O FLOOR COVER F G 2499 11,400 43 (2247)SF OF FULL BRICK FLOOR COVER, INTERIOR OF BUILDING 44 (600)SF OF FULL BRICK ENTRY COVER, EXTERIOR OF BUILDING(PARTIAL REPLACEMENT BY TENANT) 45 46 1 FLOWER COOLER CIO 15,830 47 (266)SF XB,5'H COOLER AREA A A 48 (2) GLASS SLIDER DOORS, WITH DEFROST, FULLVUE, G G 7'X6.5'1-1 49 (2) GLASS SLIDER DOORS, WITH DEFROST, FULLVUE, G G 8'X6.5'H WALLS/DOOR FRAMING (USES PARTIAL BUILDING EXTERIOR WALL) 50 51 1 LOT C/O LIGHT FIXTURES A A 2,645 52 (3) 8' QUAD FLUOR LIGHT FIXTURE -COOLER 2500 53 (1) 4' QUAD FLUOR LIGHT FIXTURE -COOLER 54 (4) 8' QUAD FLUOR LIGHT FIXTUE-ARRANGEMENT E5 (4) DBL BULB FLOOD LIGHT FIXTURE -SHOWROOM 2501 56 (1) 8' DBL FLUOR LIGHT FIXTURE -EXTERIOR 57 (5) 8' QUAD FLUOR LIGHT -EXTERIOR 58 (9) EXTERIOR SECURITY LIGHT 2516 59 (3) DBL BULB WASH ACCENT LIGHT FIXTURES 2509 60 _ 61 1 LOT C/O MISC IMPROVEMENTS A A 2506 2,620 62 (163)LF LATTICE, WOOD, PAINTED 63 (5) MIRROR, TOTAL OF 98SF-COOLER 64 (32)LF X 8'W TILE CERAMIC ON 4 TIER WOOD STEP DISPLAY (COULD BE MOVEABLE IF NEW LOCATION ACCOMO DATES) 65 (4) HALF DIAMETER, WINDOWS, 4' RADIUS FAUX A G 2508 LEADED STAIN GLASS, INCLUDING SURROUND LATTICE 66 67 1 SIGNAGE, DECAL GRAPHICS A A 18,030 68 (2) 4'X6' MTL CAB, SINGLE SIDE, PLASTIC FACE 2510 Hjelmstrom Associates Page A2 75L-46 CITY OF SANTA ANA CONROYS FLOWER 2240 S. BRISTOL C/O SOURI AMIRANI FAIR MARKET VALUE IN-PLACE CIVIL SOURCE ENGINEERING DATE OF VALUE. OCTOBER 7,201B. L Q C Q I T DESCRIPI'ION: O U `W FMV IN N Y TENANT IMPROVEMENTS PERTAINING TO THE REALTY N A PLACE E D L 69 (1) 6X12' MTL CAB, SINGLE SIDE, PLASTIC FACE 70 71 72 73 74 (2) 10'X12', MTL CAB, SINGLE SIDE, PLASTIC FACE 2516 (1) WINDOW GRAPHICS 1 SECURITY GATES (102)LF X T FOLDING, STL, CANOPY)TRACK WITH OVERHEAD (UNDER 75 76 TOTAL TENANT IMPROVEMENTS Hjelmstrom Associates 75L-47 F A 2512 7,42.5 $ 90,695 Page A3 Epic Land Solutions, Inc® 2601 Airport Drive, Suite 130 Torrance, CA 90505 Phone: (310) 986-2960 Fax: (310) 891-3348 CITY OF SANTA ANA TITLE VI INFORMATION PACKAGE The project proposed by the agency listed above will be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States sball, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain year rights. The Package includes the following documents: • Title VI Booklet • Title VI. of the 1964 Civil Rights Act and Related Statutes • Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope • Right of Way Title VI Discrimination Complaint Form • The U.S, Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title VI Sirrvey form be completed and returned in the self- addressed stamped envelope. If you read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box. an the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza IVT -36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLandxorn 75L-48 LU 4 LUvt __ r® ® B J Va ® a E 04 v > I~- !LI iJ C9 mo d r- c M LL °® Q I® b CL EF- L IV {N Q Q U O Q.0 z ° 0 O N V W O � v ¢ h bUv .0 Ltn O N G1 u uwu m Ew 4O /�ULrs QO o Jo O O- o O Cu� fO✓^��'_ ^ O IIY � M p W NN m P k L m N W ai N1 eqms[ <9' chi of n M l9 6 r^n N K c� vrni F, 'n Q p U �` o`<<n U ,°iUJi uc, ai N u rvUtmJ U u Lnpu �yU C O N Q j U `$ LL U .� N a' vl-i Qo.'a�o �nOm �o ,�O moo vFi Q.z�vF^i4ry Cm y4w .moo �o Oo v 00 v OO O by Qo rvm 4�•-,v� ® W Wv LI W v K C W C< O W C D 75L-49 0 0 N o c b.2p •upo v -,y O I"b N N A 'C 9-0 v TJ E v a c ,u b U u . Fr- v M s K a E v A O A ° .a,,,� nro E'er„�= wN W da'N 'Nv : UU Zvi r G„d N o L6 S °° N_ o° v- > G W U b u rt O O' u •� :' W w° W a'. r� N.:DDL- N v Q E a O �,•.0 L) 3 NU � 3 '.� v Q b r L° .Nc E .'a � c W .G LL 3 E ttl y V ° °1 a Q 0,1 ti LU v 4 o d ry n' b ".:. .....d_ c, b r E c p09 96 L a> w N U L s p o o �i o b s� N v �- � p .� a w T O = A m b a u 3 b •a cE E u E V 'G 3 — :p Y •3 X C b O° b Y -.1 N m b N T O N p-0 p 'U H d 9 U N N c ° a mt." o w ,b O b U Nb T O O M v ° N W ° U u y ro d ^ E q U � •E o c b.2p •upo v -,y O I"b N N A 'C 9-0 v TJ E v a c ,u b U u . Fr- v M s K a E v A O A ° .a,,,� nro E'er„�= wN W da'N 'Nv : UU Zvi r G„d N o L6 S °° N_ o° v- > G W U b u rt O O' u •� :' W w° W a'. r� N.:DDL- N v Q E a O �,•.0 L) 3 NU � 3 '.� v Q b r L° .Nc E .'a � c W .G LL 3 E ttl y V ° °1 a Q 0,1 ti LU v 4 o d ry n' b ".:. .....d_ c, b r E c p09 96 L a> w N U L s p o o �i o b s� o En u O = G a 3 b •a cE E u E t O C b O° b Y -.1 N m H d 9 U N N O Nb T rM m ti N W N a U � O N • s •� z 3 W •> o w Q u rs L t3 a G b m o b s� o a cs -.1 N m ? m ti m a O N • s •� z 3 W t m R rs t3 C. 75L-50 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Pago I of 2 NONDISCRIMINATION STATUTES Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shah, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be. subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHI.BITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID R'ECIPIENT'S PROGRAMS OR ACTIVITIES) The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 U.S,C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result ofprograms or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S, Department of Txansportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretory to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carred on under this title," (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRLMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCII PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, P.L. 101.246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacement ... (to maintain)... the economic and social well-being of communities; and ... to establish a lead agency and allow for State certification and implementation," (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS W1410H CAUSE DISPLACEMENT) 75L-51 TITLE VI OF THE, 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page zof2 The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government," (PROVIDED ENFORCEA13LF STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) The Civil Rights Act of 1991, in part, amended S cetion 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the temr'make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law." • Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 36CI, provides that: "(1) It shall be unlawful.., to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of nate, color, religion or national origin." (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING — I -IUD is the primary interest agency, but FHWA and States under Title VI me responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "ne-build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. • Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL. HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FHWA-HCR-06-006 75L-52 TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and due Information Practices Act of 1977 (Civil Code Sections 1798, or seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male _Female Age; _ Under 40 41-65 Over 65 Race/Ethnicity: _ White — American Tribe Black Pacific Islander _Hispanic _ Other Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering any physical disability or medical condition? —Yes —No Are you a low-income family? Enclosure —Yes _No 75L-53 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P,L. 99-579) and the Informalien Pmdlcse Act of 1977 (Civil Code Seddon, 1798 , at seq.), noilm Is hereby given for the request of cro ponsl ln(orecatien by [his form. The requested personal lnformallonlavoluntary. The principal purpose of the volunfary Information is to hardiest the processing of this form. The failure to provide all or any pad of the requested ]nfarmalien may delay processing of this form. No disebsure of personal Intreardbe v411 be used. unleas pmmlealble under Anne fi, Scotian 1798,24 of the NA of 1977. Each individual has the right upon request and proper Identification, to Inspect all personal Information In any record Inalnlainad on the Individual by an identifying patlicular. olrect enY Inauidas on InOnnalba neird.nence to Your IPA once. Name Dist CO BASIS OR DISCRIMINATION Rte Post ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low-bacome ❑ Non-English Speaker Provide dates) and place of alleged discrimination Describe the nature of the action, decision, or conditions of the alleged discrlmination (Attach Extra page. If Necessary) Name of individuals (il'Known) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to complainant in support ofhia/ her allegation Identify possible witnesses whom the complainant believes can provide gusto linformation about this allegation State the action requested by complainant NOTE,: The usn of thc't'itle Vl Discrlminotleu Complaint form is not mandatory. You may submit your cmnpialnt in any form that contains your signature 75L-54 D6-3300 75L-55 U.U. utPARTMENT VP LUMMEH6F Econumim end Stn Ustlw Admin6Uation U.B. GENSUE BUREAU 1, Arabic 2. Armenian 3. Bengali 4. Cambodian 5. Chamorro 6. Simplified Chinese ZTraditional Chinese 8.Croatian 9. Czech 10. Dutch 11. English 12. Farsl ® �1.P.LAt• 6*SU,V Sb Zn0xr ttwurtwCh,p wJu ,gwnwlpu.un�f, h�h �inunuP ltwd' Itwrrtn�f h,g �wJhr17`n: yl� -v 11� � �I � vl <l"'I �.1� Yll"t •�1'I �("1 �— {l uiHSS6u11fi�t1�tffSTSSSa SSSS�fiiB"IS CSSiSS11Ufi1FJ'1 T2S `I El Motka i kahhon ya yangin flntt>ngnu' manaitai pat Unttingnu' knmentos Chamorro. ®pjlte�jL�X' ® Ozna6lte ovaj kvadrati6 ako Mate ili govorite hrvatski jezik. F] Za9krtnete tato kolonku, pokud 6tete a hovoffte 6esky. 7-1 Ms dit vakje Ban als u Nederlands knot lezen of spreken. Mark this box if you read or speak English. D6-3300 75L-55 U.U. utPARTMENT VP LUMMEH6F Econumim end Stn Ustlw Admin6Uation U.B. GENSUE BUREAU 1, Arabic 2. Armenian 3. Bengali 4. Cambodian 5. Chamorro 6. Simplified Chinese ZTraditional Chinese 8.Croatian 9. Czech 10. Dutch 11. English 12. Farsl Cocher ici si vous lisez ou Parlez le frangais. Kreuzen Sic dieses Kastchen an, wenn Sie Deutsch lesen oder sprechen. ❑ ZTIµEubam auto to TrXaiato av 8ta(1&KFTF' pX&•re EXXgvu<&. ❑ Make kazye sa a si ou li oswa on pale kreydl ayisyen. ❑ 37R -TW FF-i�t Zfl� ZIT 'ff UTTr t c7? �V WFU tR ftR5 TY472 I EJ Kos lub voj no yog koj paub twm thiab hail Ins Hmoob. ❑ 7el81je meg ezt a kock4t, ha nteg@rd vagy beszeH a magyar nyelvet. ❑ Markaam daytoy nga kahon no makabasa wenno makasacka iti Rocano. Marchi questa Casella se .legge o parla italiano. :-11 7J14 �;!U -�F- 01 fl] -611 ❑ 2�nuuw2��e�u tjnsinuo�utnd�nw�a�a��. ❑ Prosimy o zamaczenie tego kwadratu, jezzli poslugujc sig Pan/Pani jgzykiem polskim. Economics and 5ta11sOm AdminkYallon 75L-56 US. CENSUS BUREAU 13. French 14, German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22.Japanese 23. Korean 24. Laotian 25. Polish ❑ Assinale este quadrado se voc81e ou Pala portugues, ❑ insemnati aceastg casula data citiji sau vorbiti rom^aueste. TIOMM,Te OTOT rceappaTlnc, ecmr sbr sirraeTe IT= rosop13Te no-pyccxx. ❑ 06enexcxze osaj tcDagpaTlfh yr<onmtm `CxTaTe mnx roziopxTe cprtcxx jearaR.) 1-1 Oznacte, tento s"tvorcek, ak viete Mafalebo hovorifpo sloveusky. De -3300 75L-57 ILJ, UCYNRI WI9141 W G V M.CA" Eaonomloa and annkIlae AdminWratIon U.S. CENSUS 6UaEAU 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33. Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish Marque esta casilla si lee o babla espanol. Markahan itong kawadradc knng kayo ay mantnong magbasa o magsalita ng Tagalog. El 1rin�tFlsoauu�uaalu{nan�v�uoauuul{un�1ns, P::Ma a 'i he puha ni kapan 'oku ke lau pe lea fakatonga. ❑ $iMATLTe tato xniTmucy, mago nx vmTaeze a6o roeopmTe yepafxct,xoto MOPOTo. ❑ �, �J Xin danh du vao 6 nay neu qui vi bidt doc va not dtttic Vi¢t NgCt. ❑ .Y)5-r)N U -W) 1*M l7)y»5 -15N 35)N 500vp oY7 17)7» NN3 De -3300 75L-57 ILJ, UCYNRI WI9141 W G V M.CA" Eaonomloa and annkIlae AdminWratIon U.S. CENSUS 6UaEAU 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33. Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish Form!1t.F1be!A&.1yse Request for Taxpayer Give Form to the (Rev. D4J Identification Number and Certification Depedm send totr„Itonot send to the IRS. Internal Revenue Service I Name (as shown on your income tax return). Name Is required an this line; do not leave this line blank. oi 2 Business name/dlaregarded entity name, If different from above m a 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (.odea apply only to ° m ❑ lndlvidual/sole proprietor or ❑ C Cor oratlon p ❑ 5 Corporation ❑ Partnership ❑ TruaVaatats certain entities, not individuals; see Safe, Instructions es page 3): m e e y, single -member LLC ❑Limited liability company. Enter the tax classification (C=C corporation, 5=S corporation, P.partnarshlp) ► Exempt payee code (if any) `o in Nate. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box In the line above far Exemption from FATCA repaving the tax classification of the single -member owner, code (If any) u: 5 ❑Other (see Instructions)► Wnre=ro a�mune mm,rcyeda„nrd•m=¢e) !: v 6 Address (number, street, and apt. or suite no.) Requester's name and address (oplbrmll m a m 6 City, state, and ZIP code m N 7 List account numbers) here (optional) Identification Number Enter your TIN In the appropriate box. The TIN provided must match the name given online Ito avoid backup withholding. For individuals, this Is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part] Instructions on page 3. For other entitles, it is your employer identification number (i If you do not have a number, see Now to get a TIN an page 3. Note. If the account Is in more than one name, see the Instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS han notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (if any) indicating that I am exempt from FATCA reporting Is correct. Certification instructions. You must cross out item 2 above if you have boon notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, Item 2 dam not apply. For mortgage interest paid, acquisition or abandonment of secured properly, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the cerliloation, but you must provide your correct TIN. See the Instructions on page 3. algn Signature of Here u.S.person► Date► General Instructions Section references are loth. Internal Revenue Code unless olhonulas noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release It) Is at www.1ncgcv//w9 Purpose of Form An individual or entity (Form W-9 requester? who Is required to file an Information return with the IRS must obtain your cahoot taxpayer Identification number (TIN) which may be your social security number ISSN), individual taxpayer identlticatlon number (]TIN), adoption taxpayer identification number (ATI N), or employer ident]flcat]an number (EIN), to report on an Information return the amount paid to you, or other amount reportable an an information return. Examples of Information returns include, but are not limited to, the following: • Form 1099 -INT (Interest earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or groan proceeds) • Form 1000-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1 099-K (merchant card and third party network transactions) • Form 1098 (home mortgage Interest), '1098-E (student loan Interesl),109B-T (tuition) • Farm 1099-C (canceled debt) • Form 'I099 -A (acquisition or abandonment of secured Property) Use Form W -S only If you are a U.S. person (including a maiden alien), to provide year correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be sub/cot to backup withholding. See What is backup withholding? on page 2. By signing the fllled-out form, you: 1. Certify that the TIN you are giving Is corract (or you are walling for a number to be issued), 2. Certify that you am not subject to backup withholding, .r 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S, person, your allocabia share of any partnership Income from a U.S. trade or busineae Is not subject to the withholding tax on foreign partners' share of effectively connected Income, and 4. Certify that FATCA codes) entered on this form (if any) Indicating that you are exempt from the FATCA reporting, is correct. See Wharfs FATCA reporting? on papa 2 for further information. Cat. No, 10201X 75L-58 Foan W-9 (Rev. 12-2014) Farm W-9 (Rev. 12-2014) Note. If you are a U.S. person and a requester gives you aform olhor than Form W-9 to request your Tl N, you must use the requsstsr's form If It Is substantially similar to this Farm W-9. Definition of a U.S, parson. For federal tax purposes, you are considered a U u. person if you are: • Ari Individual who is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United Slates; • An estate (other than a foreign estate); or • A domestic trust (as defined In 19egulatlone section 301.7701-7). Spooial rules for parin ershlps. Partnerships that conduct a trade or burin ass In the United States are generally required to pay withholding tax under section 1446 on any foralgn partners' share of attentively scheme led taxable income from such business. Further, in certain cases where a Form W -e has not been received, the 81103 under section 1446 requite a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, If yen are a U.S. person that is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1445 withholding on your share of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its US, status and avoiding withholding on its allocahlc share of net Income from the partnership conducting a trade or bushass In the United States: - In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the cane of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S, owner of the grantor trust and not the trust; and - In the rase of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneflefaries of the trust. Foreign person. If you are a foreign person or the U,S. branch of aforeign bank that has elected to be treated as a U.S. person, do not use Form W -g, Instead, use the appropriate Farm W -B or Form 3233 (see Publication 515, Withholding of Tax on Nonresident Aliens- and Foreign Entitias) Nonresident alien who becomes a resident alien, generally, only a nomasldenl alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax an certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from lax to continua for certain types of Income even after the payee has ofherwise become a U.S, rasldant area for tax purposes. If you era a U.S. resident alien who Is retying on an exception contained in the saving clause of atax treaty to claim an exemption from U.S. tax on cattalo types of income, you must atenh a statement to Form W-0 that specifies the following five items: 1. The treaty country. Generally, this must be the some treaty under which you claimed exemption from tax as a nonracial alien. 2. The treaty article addressing the Income. 3. The article number (or location) in the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of Income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example, Article 20 of the U.S.-China Income tax treaty allows an exemption from lax for scholarship Income received by a Chinese student temporarily present In the United States, Under Us, law, this student will become a resident alien for tax purposes If his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the frost Protocol to the U.B.-china treaty (dated April 30, 1964) allows the provisions of Article 20 to continue to apply even alter the Chinos student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol and Is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would allach to Form W-9 a statement that Includes the Information described above to support that exemption. If you are a nom'esident alien ora foreign entity, give the requester the appmpdate, completed Form W -B or Farm 8233. Backup Withholding What is backup withholding? Parsons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. Thin Is called"backup withholding." Payments that maybe subject to backup withholding include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requeater, 2. You do not certify your TIN when required (see the Part II Instructions on page 3 for detalle), 3. The IRS tells the requester that you furnished an incorrect Tl N. 4. The IRS tells you that you aro subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable interest and dividends only), or 5, You do not certify to the requester that you are not subject to backup withholding under above (for reportable interest and dividend accounts opened alter 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the aepurate Instructions for the Requester of Form W-9 for more information. Alan see Special rules fofpartnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees aro exempt from FATCA reporting. Seo Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more Information. Updating Your Information You must provida updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated Information ifyou are a C corporation Thal elects to be an 5 corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W-9 it the name or TIN changes for the account; for example, if the grantor of a grantor trust dies. Penalties Failure to for TIN. If you fall to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty forialsifying information. Willfully falsifying cediflcatlons or affirmations may subject you to criminal penalties including fines and/or Imprisonment. Misuse of TINS. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to cMl and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return, It this Form W -e Is for ajolnt account, list first, and then chole, the name of the person or entity whose number you entered In Part I of Form W-9. a. Individual. Generzlly, enter the name shown on your lax return. If you have changed your last name without Informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN eppitcant: Enter your individual name as It was entered on your Fenn W-7 appllcallon, line ta. This should also be the same as the name you entered on the Form 1 D40/1040A/1040EZ you filed with your application. U, Sala proprietor or single member I.I.C. Enter your individual name as shown on your 1040/1040AII 040EZ on line 1. You may anter your business, trade, or"doing business as" (DBA) name on line 2. c, Partnership, LLC that is n of a single -member LLC, C Corporation, ora corporation. Enter the entity's name as shown an the entity's tax return on line 1 and any business, trade, or USA name on line 2. d. Other entitles. Enter your name as shown on required U.S, federal tax documents on line 1. This name should match the mama shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from Its owner is treated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(M). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity, The name on line 1 should be the name shown on the Income tax return on which the Income should be reported. For example, if aforeign LLG that Is treated as a disregarded entity for U.S, federal tax purposes has a single owner that Is a U.S. person, the U.S. owner's name Is required to be provided on Ilse 1. If the direct owner of the entity is also a dlsrogarded entity, enter the first ownerthat Is not disregarded forfederal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-8 Instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. 75L-59 For W-9 (Rev. 12-2014) Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter It on line 2. Line 3 Check the appropriate box in line 3 for the U,S. federal tax classification of the person whose name Is entered on line 1. Check only one box in line S. Limited Liability Company (LLC). I1 the name on line 1 Is an LLC treated as a partnership for U,S, federal tax purposes, check the "Limited Liability Company" box and enter "P" In the space provided. If the LLC has Ned Form 8832 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and In the space provided enter "C" for C corporation or "S" fors corporation. If It is a single -member LLC that Is a disregarded entity, do not check the "Limited Liability Company" box; Instead check the first box in line 3 "Individual/sole proprietor or single-membar LIC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space In line 4 any code(s) that may apply to you. Exempt payee coda. Generally. Individuals (Including sole proprietors) are not exempt from backup withholding. 4 Except as provided below, corporations are exempt from backup withholding for certain payments, Including Interest and dividends. . Corporations are not exempt from backup withholding for payments made In settlement of payment card or third party network transactions. Pace 3 'However, the following payments made to a corporation and reportable on Form MD-MISC are not exempt from backup withholding; medical and healthcare payments, attorneys' fees, gross proceeds paid to an attorney reportable under' section 6046(f), and payments for servlcas paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial Institutions. Therefore, If you are only submitting this farm for an account you hold In the United States, you may leave this field blank. Consult with the person requesting this form If you are premium if the financial Institution Is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any Indl i retirement plan as defined In section 7701(a)(37) S—Tire United States or any of its agencies or Instrumentalities C—A stale, the District of Columbia, a U,S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which Is regularly traded on one or more established securities markets, as described In Regulations section 11472-1(c)(1)(I) E—A corporation that Is a member of the same expanded affillated group as a corporation described in Regulation. section 1.1472,1(c)(1)(1) F—A dealer In securities, commodities, or derivative 1lnanci.l Instruments (Including notional principal contracts, futures, forwards, and options) that Is registered as such under the laws of the United States or any state e investment trust Investment company as defined In section 051 or an entity mes during the tat year underthe Investment Company Act of • Corporations are not exempt from backup withholding with respect to attorneys' Q—A real estat fees or grass proceeds paid to attorneys, and corporations that provide medical or Hlale health care services are not exempt with re—Aregud ritegistered spect to payments reportable on Form —Ane all 1099-MISC. 140 The following codes Identity payees that are exempt from backup withholding. Enter the appropriate code in the space In line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account sallsfioe The requirements of section 401 (6(2) 2—The United States or any of Its agencies or Instrumentalities 3—A state, the DhArim of Coklmbla, a U.S. commonwealth or possessloa, or any of their political subdivisions or Instrumentalities 4—A foreign government or any of its political subdivisions, agencies, or Instrumantalltton 5—A corporation 6—A dealer In securities orwmmodltles required to registerin the United Stales, the District of Columbia, or a U.S, commonwealth or possession 7--A futures commission merchant registered with the Commodity Futures Trading Commission S—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1640 10—A common trust fund operated by bank under section 584(a) 'Ii —A financial hatit"fl ri 12—A middleman known In the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described in section 4847 The following chat shows types of payments that may be exempt from backup withholding- The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt far... Interest and dividend payments All exempt payees except for? Broker transactions Exempt payees 1 through 4 and e through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees t through 4 patronage dividends Payments river $600 required to be Generally, exempt payees reported and direct sales over$6,000t 1 through 5' Payments made In settlement of Exempt payees i through 4 payment card orthil'd party network fiewsactlWS I Sao Form 1800-MISO, Miscollaneous Income, and its instructions. I—A common trust fund as defined In section 584(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from tax under aection 664 or described in section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, atreei, and apartment or suite number). This Is where the requester at this Form W-9 will mall your Information returns. Line 6 Enter your city, state, and ZIP code, Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an TIN, see How to gets TIN below. If you are a sole proprietor and you have an FIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. Tryon are a single -member LLC that Is disregarded as an entity separate from its owner (see Limited Llabiltty Company (LLC) on this page), enter the owner's SSN (or EIN, If the owner has one). Do not enter the disregarded entity's FIN, if the LLC Is classifisd as a corporation or partnership, enter the entity's EN. Note. See the chart on page 4 for further clariflcatlen of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Farm 55-6, Application for a Social Security Card, from your local SSA offfco or get this form online at wwwasegov. You may also get this to" by tailing 1 -Boa -7721213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SSA, Application for Employer Identifleatlon Number, to apply for an EIN. You can apply for an FIN online by accessing the IRS website at www.hp.gov/bmbhesaoa and clicking on Cmployer Identification Number (Elf undo)Starting a Business. You car, gat Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-000-829-3676), If you are asked to complete Form W-9 but do not have a TIN, apply for aTIN and write "Applied For" In the space for the TIN, sign and data the form, and give it to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get aTIN and give it to the requester haforo you aro subject to backup withholding on payments. The 60 -day ITi does not apply to other types of payments. You will he subject to backup withholding on all such payments until you provide your TIN to the requester, Note. Entering "Applied For" means that you have already applied far aTIN or that you intend to apply for ane soon. Caution: A disregarded U,S, artily that has a foreign owner must use file appropdato Form W -g. 75L-60 Form W-9 (flew. Part II. Certification To establish to the withholding agent that you are a U.S. parson, or resident ellen, sign Form W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or 5 below Indicate otherwise. Fora joint account, only the person whose TIN Is shown In Pad I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must sign. Exempt payees, see Exempt pays, code earlier. Signature recall ements. Complete the certification as Indicated In items 1 Gar huge 5 below. 1, Interest, dividend, and barter exchange accounts opened before 1084 and broker accounts considered active during 1083. You must give your correct TIN, but you do hot have to sign the certification. 2. Interest, diagram it, broker, and barter exchange accounts ape nod after 1903 and broker accounts considered Inactive during 1883. You must sign the .edification or backup withholding will apply. If you are subject to backup Withholding and you are merely providing your correct TIN to the roqusses, you must cross out item 2 in the can ficallen before signing the fens. 3. Real estate transactions, You must sign the certification. You may crass out item 2 of the mini fication. 4, other payments. You must give your correct TIN, but you do not have to sign the c milfloollon unless you have been notified that you have previously given an Incorrect TIN. "Other payments' Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (Including payments to corporations), payments to a nonemployee for services, payments made In settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (finciudfng paymems to corporations). A. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of account; ' Give name and SSN of: 1. Individual Th. Individual 2. Two or mora Individuals Coln The actual owner of the account or, account) It combined funds, the first Individual an the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4, a. The usual revocable savings The granter -trustee' treat (grantor Is Was trustee) On. So-called trust account that is The actual owner net a legal or valid Most under state law 5. Sole proprlelorehlp or disregarded The aware entity owned by an individual 5. Granter trust filing under Optional The orshor' Foran 1080 Filing Method 1 (see Regulations section 1.671-4(b)(2)O (A)) For this type of awounC Give name and EIN of: 7. Disregarded entity not owned by an The owner Individual B. Avalid trust, estate, of pension trust Legal entity' 8. Corporation or LLG electing Tha carpormlon corporate status on Form 8832 or Form 2553 10. Association, club, adulous. The organization charitable, educatlanal, orothertax- exempt organtertlon 11. Partnership or multi -member LLC The partnership 12. A broker or registered narninee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that recelve , agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optlonal Farm 1000 Filing Method 2 (see Regulations section 1.67'1-4(b)(2)@ IS)) List first and circle the name of the person whew number you Nrnbh. If only one person on a joint account has an SSN, that aware number must bz Nehhhed, ° chain the minor's name and furnish the minor'. SSN. Page 4 You must show your Indbidual name and you may also enter your business or DBA name on the"9usln,cs namelearegarded entity" name 11110. YOU may use either your SSN or HIS Of you have ono), huh the IRS encourages you to use your SSN. ° Llst Nat and clecle the name of tho trust, estate, or season trust. (Do Itat (urniare the TIN of the personal repreconlatSe or hushes unless the legal entity Itself fe not designated inthe account hila.) Alan sac Spacial to. I.,rnamon bi oa page 2. "Note. Grantor also .,,at P,.aide a Form W -a to Wstre of trust. Net.. Van name Is circled when morethan one name is listed, the number will be considered to be that of the flesh name listed. Secure Your Tax Records from identity Theft Identity theft acctim when someone uses your personal Information such as your name, SSN, or other Identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to got Sieh or may file a tax return using your SSN to receive a refund. To reduce your rlsic • Protect your SSN, • Ensure your employer Is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax I'cracks are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you ore at risk due to a lost ar stolen purse or wallet, questiar ie credit cam activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4480 or submit Farm 14039. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. victims of Identity theftwho are experiencing economic harm are system problem, or are seeking help in reaoiving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) ...Islands. You can reach TAS by calling the TAS toll-free owe Intake line at 1-877-777-4778 or TTY(TDD 1-800-829-4059. Protect yoursalffrom suspicious email, at phishing schemes. Phishing is the creation and use of Small and websites designed to mimic legilimata business .mails and websites. The most common act Is sending an email to a user falsely claiming to be an established legitimate enterprise In an attempt to scam the user Into surrendering private Information that will be used for Identity theft. Th. IRS does not Initiate contacts with taxpayers via smalls. Also, the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numb ars, passwords, or similar secret access Information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishingaurs,gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tat Administration (TIGTA) at 1-800-388-4484. You can forward suspicious emails to the Federal Trade Commission at: spam®uca.gov or contact them at www.fte.gota idthelt or '1-877-I0THEFT (1-877-438-4338). Visit IRS.gov to learn more about Identity theft and how to reduce your risk. Privacy Act Notice Section 6100 of the Internal Revenue Coda requires you to provide your carrect TIN to persons (Including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or RSA. The parson collecting this form uses the Information on the fore to file Information returns with the IRS, reporting the above Informatlon. Routine uses of this Information include giving It to the Department of Justice for civil and criminal litigation and to titles, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The Information also may be declared to other countries under treaty, to fe ke ft and state agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return, Under Sharon 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other recommits to a payee who does not give aTIN to the payer. Certain penalties may also apply for providing false or fraudulent Information. 75L-61 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2240 S. BRISTOL STREET (APN 408-471-06) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75L-62 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2240 S. Bristol Street (APN 408-471-06), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75L-63 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure, Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: L 19/, fA, 1- J M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75L-64 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75L-65 f EXHIBIT A LEGAL DESCRIPTION Real property In the City of Santa Ana, County of Orange, State of Callfoinla, described as fellows: THAT PORTION OF SECTION 23, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE LAND ALLOTTED TO F.W. KOLL IN DECREE OF PARTITION OF THE RANCHO SANTIAGO OE SANTA ANA, RECORDED IN BOOK B OF JUDGEMENTS OF THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON A LINE PARALLEL WITH AND NORTHERLY 52.00 FEET FROM THE SOUTH LINE OF SAID SECTION 23, AS SHOWN ON A MAP TRACT NO. 2207, RECORDED IN BOOK.62 PAGES 23 AND 24, OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SOUTH 89° 48' 45" WEST 192.00 FEET THEREON FROM THE EAST LINE OF SAID SECTION AS SHOWN ON SAID MAP; THENCE NORTH 00 10' 45" EAST 150.00 FEET PARALLEL WITH SAID EAST LINE; THENCE NORTH 89° 48' 45" EAST 150.00 FEEL' PARALLEL WITH SAID SOUTH LINE TO A LINE PARALLEL WITH AND WESTERLY 42.00 FEET FROM SAID EAST LINE; THENCE SOUTH 0° 10' 45" WEST 125.16 FEET ALONG SAID LAST MENTIONED PARALLEL LINE TO THE BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHWESTERLY 39.11 FELT ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 89° 38'00" TO THE POINT OF TANGENCY WITH SAID FIRST MENTIONED PARALLEL LINE; THENCE SOUTH 89° 48'45" WEST 125.16 FEET TO THE POINTOF BEGINNING. EXCEPT THEREFROM THE INTEREST RESERVED TO THE CITY OF SANTA ANA OF THE ADJOINING STREETS BY GRANT DEED RECORDED JUNE 13, 1980 AS INSTRUMENT NO, 13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS, ALSO EXCEPT THEREFROM ALL OIL, GAS, WATER AND MINERAL RIGHTS WITHOUT, HOWEVER, THE RIGHT TO USE THE SURFACE OF SAID LAND OR ANY PORTION THEREOF TO A DEPTH OF 500 FEET BELOW THE SURFACE THEREOF FOR THE EXTRACTION OF SUCH OIl., GAS, WATER OR MINERALS, AS RESERVED TO THE CITY OF LOS ANGELES BY GRANT DEED RECORDED JUNE 1.3, 1980 AS INSTRUMENT NO. 13622 IN BOOK 13634, PAGE 170 OF OFFICIAL RECORDS. APN: 408-471-06 75L-66 6120117 Resolution No. 2017 -XXX Page 5 of 6 33 _ � t.,r se ...0( 2§Ayp��pf9.�^1: yp^23pLp^9i J 2M� 8 5111 ;gym L] Resolution No, 2017 -XXX Page 6 of 6 7 —IVAHNER 4 y4Vf'NUF i/t c Ino 22 41x.19 75L-67 75L-68 wo IDA lOwgi 75L-69 06/15/2017 THU 10118 FAX Clerk of the Council City of Santa Ana, City Hall 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 Facsimile: 714-647-6956 0001/001 PETERSON LAW GROUP 2g17 jljN 15 PROFESSIONAL CORPORATION SUITE 19800MACARTHURUR13OULEVARD CITY OF SAWA ANA ACLERK OJ„ C,C1li C,#� IRVINE, CALIFORNIA 92612 TELEPHONE (949) 955-0127 FACSIMILE (949) 955-9007 June 15, 2017 Via Personal Delivenf and Facsimile Re: Hearing on Resolution of Necessity — Vicale LLC and Alda South, LLC Bristol Street Widening Project APN 408-471-06 2240 S. Bristol Street, Santa Ana, CA ("Subject Property") Dear Members of the City Council: This office represents Vicale LLC and Alda South, LLC, owners of the Subject Property. Request is hereby made that this letter be made part of the record, and that we be given the opportunity to be heard at the hearing on the Resolution of Necessity. Vicale LLC and Alda South, LLC do not challenge the Resolution of Necessity for the Subject Property. However, the prelitigation offer pursuant to section 7267.2 of the California Government Code is inadequate and does not rise to the fair market value standard. The offer reflects a depression in the surrounding area caused by the project, and thus the offer is project influenced, We look forward to working with the City in reaching a fair and just resolution of the acquisition of the Subject Property that complies with the fair market value standard. CDP; d Very truly y Y- Christopher l D. Peterson 75L-70 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20.2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2102 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) {STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITYk1ANAGER RECOMMENDED ACTION APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2102 South Bristol Street (APN 408-471-01) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2017, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2102 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 14 months. A good faith offer was made on January 30, 2017, in the amount of $1,207,425 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75M-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2102 S. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $1,207,425 are appropriated in the Bristol Street Improvements Project (No. 116741), Measure M2 Street Construction Fund (Account No. 03217663-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. Exebutive Director Public Works Agency FM/EWG/JG/ML - Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: 11� 1��aA 0 Francisco Gutierrez _ /I Executive Director 11/ Finance & Management Services Agency 75M-2 MATCHLINE SEE BELOW RIGHT I I 14oe-335-i7I V�� I I I , I ' ST GERTRUDE PL I i i 40&471-17 I ] j 406-471-M I �r V m KJ"d..1.-d..1.. as-0:144Yi--•_---j P15 -9B9 -P3 91&994-]+-----� '016-984.25 1715.14-28. '095.994�3d, ' I I I l WARNER AVENUE LEGEND -SUGJLCIPRUPEHif - I ULL -COUISITION -:.COL 1P.El, PPOPEPI'f L, EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC ST ANDREW PL , K111111,11,11h -"7"7"'7-'--7 CITY UNCIL INTEREST AND NECESSITY m' Jmt 311 F)� AGENDA E2DATE; SOUTHOBRISTREAL 7 CARLTON PL T7R 11 r I I .✓'�/ I I I T r w i- { IStrategic Plan No. 6, 1G; and 3, 201 PAGE 1 OF 1 U) GLENWOOD PL J I Q.�..�--�•- m CAMDEN PL �..� �ST ANNE PL J -.a_..—___ 11 WI "-._..---- EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC , K111111,11,11h CITY UNCIL INTEREST AND NECESSITY Jmt 311 F)� AGENDA E2DATE; SOUTHOBRISTREAL 7 PROPERTY AT 2102 L STREET (PROJECT NO. 116741 NONGENERAL FUND) PUBLIC WORS AGEHCP IStrategic Plan No. 6, 1G; and 3, 201 PAGE 1 OF 1 75M-3 City « a Ana RECEIPT OF OFFER PACKAGE Bristol Street Improvements -Warner Avenue to saint Andrew Place Parcel File No. 408-471-01 Owner of Record: Tacos Mexico, Inc,, a California corporation Additional Owner(s) of Record: NIA Property Address: 2102 S. Bristol Street, Santa Aria, CA 92704 This is to acknowledge receipt of the offer package containing the following items: Offer letter dated January 30, 2017 which includes; + Fair Market Value of the Subject Property (Exhibit A) Preliminary Report Issued by Title Company (Attachment 1) Property Legal Description (Attachment 2) Statement of Just Compensation (Attachment 3) Summary Explanation Statement (Attachment 4) City of Santa Ana Handbook on Acquisition (Attachment 5) Statement of Ownership (Attachment 6) List of Improvements (Attachment 7) Your Rights Under Title VI (Attachment 8) W-9 Form (Attachment 9) Please return the SIGNED Receipt of Offer Package in the envelope enclosed: Tacos Mexico, Inc. a California corporation By: Its; Date: EXHIBIT 2 75M-4 MAYOR Miguel A. Pulido MAYOR PRO TEM. Michela Martlnaz COUNCILMEMBERS.. P. David Banavides .Vicente Sorinlento Jose Solgrio SRI TinaJore Juan Villages January 30, 2017 Tacos Mexico, Ina. PO Bax 7038 Los Angeles, CA 90022 CITY OF SANTA ANA 20 Civic. Center Plaza o P,O. Box 1988 Santa Ana California 02702 714-647-5013 iAWW ,n ACTING CITY MANAGER Gerardo Mouet CITY ATTORNEY Sonia. R, Carvalho. CLERK OF THE COUNCIL Mai Is O. Hurmar Via Certified Mail SUBJECT, REVISER OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS TO REALTY AT; 2102 S. BRISTOL STREET, SANTA ANA CA 92704 APN; 408.471-09 Dear Property Owner, This Offer supersedes all previous Offers to Acquire: The City of Santa Ana ("City") is Street Improvements Project be obtained a preliminary title report vested owner of the above -Ment acquire the property located at th real property as described in-Atta "Property" with its plans to construct Phase 4 of the Bristol ter :Avenue and Saint Andrew Place. The City :os Mexico, Inc., a California corporation to be the fy as shown in Attachment 1, The City seeks to itioned address, which consists of the underlying ie area to be acquired is referred to herein as the No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title. If more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised by certified appraisers for the real estate as well as improvements pertaining to the realty to determine its fair market value, The appraisals were conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land, Based on the appraisals, the City offers you a total compensation of $1,207,425.00. The Fair Market Value of the Subject Property, which serves as tate basis of this offer is attached as Exhibit A, This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. 75M-5 2102 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75M-6 2102 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Jesse Ortiz from Epic land Solutions, Inc. at (310) 626-4843. Sincerely, � `7f Jason Gabriel, Principal Civil Engineer cc: Christopher D. Peterson, Esq. 75M-7 4AM111111 Fair Market Value of the Subject Property Land and structures $1,125,000.00 (as per attached appraisal summary statement) 1. Fixtures and equipment pertaining to realty + $ 82 425.00 (as per attached inventory — see Attachment 7) 2. Total just compensation $9,207,425.00 i. The City has not made a determination as to the ownership of the Fixtures and Equipment. Landlord and tenant will need to come to an agreement as to the ownership of these items, before compensation can be withdrawn from Escrow. 2. The total just compensation offered assumes that the property Is free of any environmental contaminates or other conditions which may impact fair market value. 75M-8 CLTA Preliminary Report Farm (Rev. 11/06) #gt x�EkJne ` Xs$Ati2ericBit ride AWACH> PINT 4 Order Number; O -SA -4443323 - Page Number: 1 Fire American Title Company 4 First American Way Santa Ana, GA 9270 Custo0ier Reference: Order Number: O -SA -4443323 (bdaa) Title Dicer, Bob Davies j Ashley Aegerter Phone: (714)25"094 Fax No. (714)913-6388 E Ma'iia octitie2@f1rstattt.eorri Property: 2102 South Bristol Street Santa Ana, cA:92704 PRELIMINARY REPORT Exhibit Aof this I are not covered it is important to nota that this prefioduary report is nota written representation as to the conditionor title and may not list all llensr defects, and encumbrances affecting title to Yoe land. the issuance of a pollcyof tide e of a poncy of tltte Insurance, a First American Title Page 1 of 15 75M-9 Order Number: O -SA -4443323 Page Number: 2 Dated as of August 26, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested In: TACOS MEXICO INC., A CALIFORNIA CORPORATION The estate or Interest in the land hereinafter described or referred to covered by this Report Is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. Covenants, conditions, restrictions and easements in the document recorded as Book 5479, Page 252 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction Indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disablliry, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 4. An easement for public street and incidental purposes, recorded October 25, 1983 as Instrument No. 83-469903 of Official Records. In Favor of: The City of Santa Ana, a Municipal Corporation Affects: As described therein HmtAmerycan Title Page 2 of 1s 75M-10 S. G'1 W Order Number: O -SA -4443323 Page Number: 3 A certified copy of a judgment or an abstract thereof, recorded November 19, 2009 as Instrument No. 09-627081 of Official Records. Court: Superior Court of California, County of San Bernardino Case No.: SCVSS 135506 Debtor: Tacos Mexico, Inc. Creditor: Victor Amricachi Amount: $126,409.00, and any other amounts due thereunder A lien in favor of the State of California, evidenced by a certificate issued by the State Board of Equalization, recorded April 11, 2012 as Instrument No. 12-204004 of Official Records. Debtor: 3uan Antonio Guzman doing business as Tacos Mexico Certificate No.: BE -1290134 Amount: $344.01, and any other amounts due thereunder. A Deed of Trust to secure an original indebtedness of $170,000.00 recorded August 19, 2013 as Instrument No. 13-489887 of Official Records. Dated: August 13, 2013 Trustor: Tacos Mexico, Inc., a California Corporation Trustee: Frost Escrow Company, a California Corporation Beneficiary: Lynn Sperling, Trustee and Arnold Sperling, Trustee of The Sperling Family Trust as to an undivided 40% interest and Alvin R. Haveson, Trustee and Sandra Haveson, Trustee of the Haveson Intervivos Trust, as to an undivided 40% Interest and Samuel B. Haveson, Trustee and Sandra B. Haveson, Trustee of the Haveson Family Trust as to an undivided 20% interest Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title Insurance: I. Original note and deed of trust, H. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance Is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company FlistAmerlcan Title Page 3 of 15 75M-11 Order Number: O -SA -4443323 Page Number: 4 8. A Deed of Trust to secure an original indebtedness of $10,000.00 recorded October 01, 2013 as Instrument No. 13-561956 of Oficial Records, Dated: August 28, 2013 Trustor: Tacos Mexico, Inc., a California Corporation Trustee: Frost Escrow Company, a California Corporation Beneficiary: Lynn Sperling, Trustees and Arnold Sperling, Trustee of The Sperling Family Trust as to an undivided 30% interest and Alvin R. Haveson, Trustee and Sandra Haveson, Trustee of the Haveson Intervivos Trust, as to an undivided 30% interest and Samuel B. Haveson, Trustee and Sandra B. Haveson, Trustee of the Haveson Family Trust as to an undivided 180/o interest and Marilyn Fleckman as to an undivided 11% interest and Dena Fleckman as to an undivided 11% interest Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title Insurance: i. Original note and deed of trust. I. Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company 9. A lien in favor of the State of California, evidenced by a certificate issued by the State Board of Equalization, recorded March 31, 2014 as Instrurnent No. 14-119319 of Official Records. Debtor: Marlcela F. Ruiz doing business as Tacos Mexico Certificate No.: BE 1328374 Amount: $75,515.70, and any other amounts due thereunder, 10. A lien in favor of the State of California, evidenced by a certificate issued by the State Board of Equalization, recorded September 19, 2014 as Instrument No. 14-380774 of Official Records. Debtor: Juan Hlgareda Torres doing business as Tacos Mexico Certificate No.: BE -1339629 Amount: $13,211.75, and any other amounts due thereunder. 11. A certified copy of a judgment or an abstract thereof, recorded October 29, 2014 as Instrument No. 14-440046 of Official Records. Court: Superior Court of California, County of Orange Case No.: 30-2014-00707961-CL-OE-CJC Debtor: Hector Rochin dba Tacos Mexico Creditor: Bianca Godinez Amount: $28,216.45, and any other amounts due thereunder Flrs`An7er%Can Title Page 4 of 15 75M-12 Order Number: O.SA-4443323 Page Number: 5 J.2. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 13. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 14. With respect to Tacos Mexico, tnc., a California corporation: a. A certificate of good standing of recent date issued by the Secretary of State of the corporation's state of domicile. b. A certified copy of a resolution of the Board of Directors authorizing the contemplated transaction and designating which corporate officers shall have the power to execute on behalf of the corporation. c. Other requirements which the Company may Impose following its review of the material required herein and other information which the Company may require. First American Title Page 5 of 15 75M-13 Order Number: O•SA-4449923 Page Number: 6 _.....__ _..— —__,_ INFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that Issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued In connection with your transaction. 1, General and special taxes and assessments for the fiscal year 2014-2015, First Installment: $3,002,78, PAID Penalty: $0.00 Second Installment: $3,002.78, PAID Penalty: $0.00 Tax Rate Area: 11-102 A. P. No.: 408-471-01 2. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2102 South Bristol Street, Santa Ana, CA, 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: �= The map attached, if any, may or may not be a survey of the land depicted hereon, First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, If any, to which this map is attached. FlatAmerlcan TINe Page 6 of 15 75M-14 Qt Ami4" FirstAmeriven ride OrderlsUmbeY:. C -HA -4443323 .Page Number; 7 First Atnedl nTitle Company 4 First American Way Santa Ana, CA 92707 (714)250.3000 Fax WIRE INSTRUCTIONS for First American Title Company, Demand/Draft Sub -Escrow Deposits Orange County, California First American Trust, FSB 5 First American Way Santa Arra, CA 92707 Baulking Services: (877) 600 9473 ABA 122241255 Credit to First American Title Company Account No. 3012SO0000 Reference Title Order Number 4443323 and Tifle Off ieerBob Davies / Ashley Aegerter Please wire the day before recording, Flrst Amer/can Title Pagel QP 15 75M-15 Order Number: O -SA -4d43323 Page Number: 8 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of Californla, described as follows: ALL THAT PORTION OF LAND ALLOTTED TO FREDERICK W, KOLL, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1968 IN BOOK 8, PAGE 410 OF JUDGEMENTS OF THE DISTRICT" COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF ST. GERTRUDE PLACE AT A POINT DISTANT SOUTH 89049'15" EAST 230.98 FEET FROM THE CENTER LINE OF PACIFIC AVENUE AS SAID STREETS ARE SHOWN ON A MAP OF TRACT NO. 2207, RECORDED IN BOOK 62, PAGES 23 AND 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0010'45" WEST PARALLEL WITH CENTER LINE OF PACIFIC AVENUE 100.00 FEET IN THE NORTHWEST CORNER OF THAT CERTAIN 3,56 ACRE PARCEL OF LAND AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 24 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89049'45" EAST ALONG THE NORTH LINE OF SAID 3.56 ACRE PARCEL 517.00 FEET TO THE WEST LINE OF BRISTOL STREET AND THE NORTHEAST CORNER OF SAID 3.56 ACRE PARCEL; THENCE NORTH 0°10'45" EAST ALONG SAID WEST LINE 75,00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE 39.27 FEET THROUGH A CENTRAL ANGLE OF 900 AS SHOWN ON SAID TRACT MAP, TO THE SOUTH LINE OF ST. GERTRUDE PLACE; THENCE NORTH 89045'15" WEST ALONG SAID SOUTH LINE 492.00 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE WESTERLY 397.00 FEET. APN: 408-471-01 FirstAmelxan Title Page 8 of 15 75M-16 9 a' 3fiN3AV O and y Mnb(tl39 15 p 0 aCo R g8 m - $83�0 E�3�w�3 k �tada� <�fFsa� Order Number: O -SA -4443323 Page Number: 9 61-zry g 3JV7d 3017N1N3P 2s3 es @ a First American Title Page 4 of 15 75M-17 x Y Q Z I tl. Q M � m � M o B i 8 � S R •• ^ W S c sr. g 3JV7d 3017N1N3P 2s3 es @ a First American Title Page 4 of 15 75M-17 x Order Number: O -SA -4443323 Page Number: 10 NOTICE Section 12413.1 of the California Insurance Code, effective January 1, 1990, requires that any title Insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or sub -escrow capacity, wait a specified number of days after depositing funds, before recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit. In the case of cashier's checks or certified checks, funds may be disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. f-%rstAmerlcan Tithe Page 10 of 15 75M-18 Order Number: O -SA -4443323 Page Number: It EXHIBIT A LIST OF PRINTED EXCEPTIONS AND EXCLUSIONS (BY POLICY TYPE) CLTA/ALTA HOMEOW N ER'S POLICY OF TITLE INSURANCE (02-03-10) EXCLUSIONS In addition to the Exceptions in Schedule e, You are not Insured against lass, costs, attorneys' fees, and expenses resulting from: 1, Governmental police power, and the existence or violation or those portlons of any law or government regulation concerning: (a) building; (d) Improvements on the Land; (b) zoning; (e) land division; and (c) land use; (f) environmental protection. This ExCluslon does not limit the coverage described In Covered Risk 8.a., 14, 15, 16, 18, 14, 20, 23 or 27, 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable bullding codes. This Exclusion does not limit the coverage described In Covered Risk 14 or 15, The right to take the Land by condemning It. This Exclusion does not limit the coverage described in Covered Risk 17. 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, e.e., 25, 26, 27 or 28. Fallure to pay value for Your Title. Lack of a right: (a) to any land outside the area specifically described and referred to In paragraph 3 of Schedule A; and (h) in streets, alleys, or waterways that touch the Land, This Fxclu5 on does not limit the coverage described in Covered Risk 11 or 21, The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state Insolvency, or similar creditors' rights laws. 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. 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 any law or government regulation. This Includes bullding and zoning ordinances and also laws and regulations concerning: (a) and use (b) Improvements on the land (c) and division (d) environmental protection This exduslon does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered Title Risks. 2, The right to take the land by condemning it, unless: F%rstAmerlcan Title Page SS of 15 75M-19 Your Deductible Ameypt Our Maximum DWlar Limit of Liability Covered Risk 16: 1% of Policy Amount or $2,500.00 (whichever is less) $10,000.00 Covered Risk 18: 1% of Policy Amount or $5,000.00 (whichever is less) $25,000,00 Covered Risk 19: 1% of Policy Amount or $5,000,00 (whichever Is less) $25,000,00 Covered Risk 21: 1% of Policy Amount or $2,500.00 (whichever Is less) $5,00400 ALTA RESIDENTIAL TITLE INSURANCE POLICY (6-1-87) 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 any law or government regulation. This Includes bullding and zoning ordinances and also laws and regulations concerning: (a) and use (b) Improvements on the land (c) and division (d) environmental protection This exduslon does not apply to violations or the enforcement of these matters which appear In the public records at Policy Date. This exclusion does not limit the zoning coverage described In Items 12 and 13 of Covered Title Risks. 2, The right to take the land by condemning it, unless: F%rstAmerlcan Title Page SS of 15 75M-19 Order Number; O -SA -4443323 Page Number: 12 (a) a notice of exercising the right appears In the public records on the Policy Date (b) the taking happened prior to the Policy Date and Is binding on you If you bought the land without knowing of the taking 3. Title Risks: (a) that are created, allowed, or agreed to by you (b) that are known to you, but not to us, on the Policy Date -- unless they appeared In the public records (c) that result In no loss to you (d) that first affect your title after the Policy Date -- this does not limit the labor and material lien coverage in Item 8 or Covered Title Risks 4. Failure to pay value For your title. S. Lack of a right: (a) to any land outside the area specifically described and referred to In Item 3 of Schedule A OR (b) In streets, alleys, or waterways that touch your land This exclusion does not limit the access coverage In Item 5 of Covered Title Risks. 2006 ALTA LOAN POLICY (O6-17-06) 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: I, (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; (11) the character, dimensions, or location of any Improvement erected on the Land; (li) 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 Clalmant; (b) not Known to the Company, not recorded In the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed In writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 13, or 11); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Insured Mortgage. 4, Unenforceability of the lien of the Insured Mortgage because of the inability or failure of an Insured to comply with applicable doing - business laws of the ,tate where the Land Is situated. 5. Invalidity or unenforceablllty In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and is based upon usury or any consumer credit protection or truth-In-londing law. 6. Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (h) a preferential transfer for any reason not stated in Covered Risk 13(b) of this policy. 7. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the Insured Mortgage in the Public Records. This Exclusion does not modify or limit the coverage provided under Covered Risk 11(b). The above policy farm may be Issued to afford either Standard Coverage or Extended Coverage, In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1, (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any Facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land 3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. FrstAmencan Title Page 12 of 15 75M-20 Order Number: O-SA4443323 Page Number: 13 4, Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or meet lal not shown by the public records. 2006 ALTA OWNER'S POLICY (06.17-06) EXCLUSIONS FROM COVERAGE The follming matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' rees, or expenses that arise by reason of: 1, (a) Any law, ordinance, permit, or governmental Mgulatlon (Including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (11) 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, I"his Exclusion does not modify a limit the coverage provided under Covered Risk 7 or H. 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 or 10); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value forthe 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 fraudulenttrinsfer, or (b) a preferential transfer for any reason not stated In Covered Risk 9 of this policy. S. Any lien on the Title for real estate taxes or assessments Imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other Instrument of transfer in the Public Records that vests Title as shown In Schedule A. The above policy form may be issued to afford either Standard Coverage or Extended Coverage. In addition to the above Exclusions from Coverage, the Exceptions from Coverage In a Standard Coverage policy will also Include the following Exceptions from Coverage: EXCEPTIONS FROM COVERAGE This policy does not Insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. (a) Taxes or assessments that are not shown as existing Ileus by the records of any taxing authority that levies taxes or assessments on real property or by the Public Rererdsj (b) proceedings by a public agency that may result In taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 2. Any facts, rights, Interests, or claims that are not shown by the Public Records but that could be ascertained by an Inspection of the Land or that may be asserted by persons in possession of the Land 3. Easements, Ilene or encumbrances, or claims thereof, not shown by the Public Records. 4. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records, 5. (a) Unpatented mining claims; (b) reservations or exceptions In patents or In Acts authorizing the Issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 6. Any lien or right to a lien for services, labor or material not shown by the public records, ALTA EXPANDED COVERAGE RESIDENTIAL LOAN POLICY (07-26-10) 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' rare, or expenses that arise by reason of: Frstknerican Title Page 13 of 15 75M-21 Order Number: O -SA -4443323 Page Number: 14 1, (a) Any law, ordinance, permit, or governmental regulation (Induding those relating to building and zoning) restricting, regulating, prohibiting, or relating to (1) the occupancy, use, or enjoyment of the Land; (Ip the character, dimensions, or locatlon 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 Ila) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 5, 6, 13(c), 13(d), 14 or 16, 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8, 3. Defects, (lens, 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 underthis policy; (c) resulting In no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 11, 16, 17, 18, 19, 26, 21, 22, 23, 24, 27 or 28); or (e) resulting in loss or damage that would not have been sustained If the Insured Claimant had paid value for the Insured Mortgage, 4. Unenforceability, of the lien of the Insured Mortgage because of the Inability or failure of an Insured to comply with applicable doing - business laws of the state where the Land is situated, 5. Invalidity or unenforceability In whole or In part of the lien of the Insured Mortgage that arises out of the transaction evidenced by the Insured Mortgage and Is based upon usury or any consumer credit protection or truth -in -lending law, This Exclusion does not modify or limit the coverage provided In Covered Risk 26. 6, Any claim of Invalidity, unenforceability or lack or priority of the lien of the Insured Mortgage as to Advances or modifications made after the Insured has Knowledge that the vestee shown In Schedule A is no longer the owner of the estate or interest covered by this policy, This Exclusion does not modify or limit the coverage provided In Covered Risk 11. 7, Any ilen on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching subsequent to Date of Policy. This Exclusion does not modify or Ilmlt the coverage provided in Covered Risk 11(b) or 25, 8. The failure of the residential structure, or any portion of It, to have been constructed before, on or after Date of Policy In accordance with applicable building codes, This Exclusion does not modify or limit the coverage provided In Covered Risk 5 or 6. 9, Any claim, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that the transaction creating the lien of the Insured Mortgage, Is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated In Covered Risk 27(b) of this policy. HngtAmer%Can Title Page 14 of 15 75M-22 Order Number! Q^9A-4443323. 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We ably support sooner publicmomil emtaidyeas an Fb[m50,PFIVACY(4/1/iQ) Papal of I PrNaty tnFarmatkin (2001-2010 Fir;t Amel lean Financial Corporation) firtstAmePlcan Title Page 15 or 15 75M-23 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: ALL THAT PORTION OF LAND ALLOTTED TO FREDERICK W. KOLL, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1968 IN BOOK B, PAGE 410 OF JUDGEMENTS OF THE DISTRICT COURT OF THE 17TH JUDICIAL DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF ST. GERTRUDE PLACE AT A POINT DISTANT SOUTH 89049'15" EAST 230.98 FEET FROM THE CENTER LINE OF PACIFIC AVENUE AS SAID STREETS ARE SHOWN ON A MAP OF TRACT NO. 2207, RECORDED IN BOOK 62, PAGES 23 AND 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0010'45" WEST PARALLEL WITH CENTER LINE OF PACIFIC AVENUE 100.00 FEET IN THE NORTHWEST CORNER OF THAT CERTAIN 3.56 ACRE PARCEL OF LAND AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 24 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89049'45" EAST ALONG THE NORTH LINE OF SAID 3.56 ACRE PARCEL 517.00 FEET TO THE WEST LINE OF BRISTOL STREET AND THE NORTHEAST CORNER OF SAID 3.56 ACRE PARCEL; THENCE NORTH 0010'45" EAST ALONG SAID WEST LINE 75.00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY AND WESTERLY ALONG SAID CURVE 39.27 FEET THROUGH A CENTRAL ANGLE OF 900 AS SHOWN ON SAID TRACT MAP, TO THE SOUTH LINE OF ST. GERTRUDE PLACE; THENCE NORTH 89045'15" WEST ALONG SAID SOUTH LINE 492.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 397.00 FEET. 75M-24 STATEMENT OF JUST COMPENSATION Assessor's Parcel: Property ,Owner: Property Address: Location of Parent Property: Description of Parent Property: ATTACHMENT 408-471-01 Tacos Mexico, Inc., a California corporation, 2102 South Bristol Street Santa Ana, California Southwest comer of Bristol Street and Saint Gertrude Place, within the corporate limits of the City of Santa Ana. The property is presently improved with a fast food restaurant building of wood frame and stucco construction. The building contains 1,300 square feet; and was originally constructed in 1962. Other appurtenant on-site improvements located within the boundaries of the subject parcel include a trash enclosure, asphalt paving, concrete paving, wrought iron fencing, business sign, metal frame light standards, concrete curbing, concrete planter curbing, concrete auto stops, metal bollards (auto stops), and marked automobile parking spaces. Overall condition of the subject improvements is rated average, considering the age. The development is situated on a parcel containing 11,066 square feet of land area. Zoning: Bristol Street Corridor Specific Plan. The property has been considered and appraised under the previous zone classification of C- 5 (arterial commercial) as a means of avoiding project influence. Topography: Effectively level topography. Utilities: In place at site. Highest and Best Use: Highest and hest use is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Cormmercial development, As improved: Existing use. Date of Value: December 14, 2016 Public Use for Property: Bristol Street Improvement Project. Estate to be Acgnired: Fee simple acquisition of entn�e subject property. 75M-25 STATEMENT OF JUST COMPENSATION Legal Description: All that portion of land allotted to Frederick W. Koll, in the City of Santa Ana, County of Orange, State of California as described in the final decree of partition of the Rancho Santiago de Santa Ana, which was entered September 12, 1968 in Book 8, Page 410 of Judgements of the District Court of the 17°i Judicial District in and for Los Angeles County California. Area to be Acquired; 11,066 square feet of land area (full acquisition). Market Value: $1,125,000. 75M-26 Summary of the Basis for Just Compensation There are three conventional methods (approaches) which can be utilized to estimate value. They axe the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach. The Sales Comparison Approach and Income Capitalization approach have been applied to the subject property. The Cost -Summation Approach is without meaningful application in the subject case due to the age of the existing improvements and resultant difficulty in accurately estimating accrued depreciation. Further, market participants rarely rely on the Cost -Summation Approach when making buy -sell decisions. Safes Comparison Approaelt: The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the principle of Substitution, which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in malting the substitution," Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. The Sales Comparison Approach has been applied to the subject property after an investigation and analysis was conducted of unproved commercial office building properties located within the immediate and general subject market area, Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved. 75M-27 Land Size Corner Zoning Land/Bldg. $/SF Land Data Aate Bldg. Size Built Const'n, Ratio Sale Price $/SF Bldg. I. 4-15 18,609 sf yes C-1 7.92:1 $1,200,000. $ 64.48 2,349 sf 1960 frn./stue. $ 510.86 807 North Tustin Street, Orange 2. 8-15 17,860 sf yes SP -2 11.91:1 $ 975,000. $ 54,59 1,500 sf 1967 frm./stuc. $ 650.00 1005 South Harbor Boulevard, Santa Ana 3. 10-15 25,265 sf no RM -4 6.56:1 $1,000,000. $ 39.58 3,852 sf 1975 fnnAtuc. $ 259.61 1221 East Lincoln Avenue, Anaheim 4, 1-16 8,712 sf yes C-2 10.37:1 $ 895,000. $ 102.73 840 sf 1967 frm./stuc. $1,065.48 2101 Harbor Boulevard, Costa Mesa 5. 946 14,810 sf no P 12.59:1 $1,232,500. $ 83.22 1,176 sf 1969 frin./stuc. $1,048.04 2320 East 4th Street, Santa Ana 75M-27 Summary of the Basis for Just Compensation (Continued) Sales Comparison Approach: (Continued) The improved properties surveyed contain buildings ranging in size from 840 to 3,852 square feet. The buildings were constructed between 1960 and 1975, and are situated on parcels ranging in size from 8,712 to 25,265 square feet of land area. The sale properties employed herein represent the most recent comparable improved sale properties available for analysis. Due to the lack of a representative number of reasonably comparable improved commercial properties having recently sold within the iturnediate subject market area, it was necessary to expand the (1) chronological time frame, and (2) geographic search area to include the nearby communities of Orange, Anaheim, and Costa Mesa. Particular consideration has been assigned to differing market conditions, general location, along withnnmediate environmental influences in the analysis of the sale properties employed herein. After viewing each of the sale properties, and verifying details of the various transactions, the primary unit of analysis employed herein is the overall purchase price. Two other factors developed filom the residential sale properties were utilized as secondary units of analysis; they are the (1) overall purchase price per square foot of land area, and (2) overall purchase price per square foot of building area. The overall purchase prices range from $895,000 to $1,232,500. The purchase prices produce a range of value of $39.58 to $102.73 per square foot of land area, and $259.61 to $1,065.48 per square foot of building area. All of the sales employed herein conveyed title to the fee simple interest, and represent arm's-length transactions. Financing terms of each sale were typical of the subject market area. Adjustments are not warranted for property rights conveyed, conditions of sale, or financing terns. Certain of the improved sales data considered extended over a time period back to the second quarter of 2015. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between. April, 2015 and September, 2016. Inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: General location. Availability of public alley. Immediate environmental influences. Overall dcvelopability. Zoning. Site frontage/depth ratio. Vehicular and pedestrian access, Site prominence and exposure. Vehicular and pedestrian traffic. Proximity to freeway. Building size/feanires. Building reanedeling, if any. Building age and condition. On-site parking capacity. Construction type and quality. Extent of other on-site imptoveaaents. 75M-28 Summary of the Basis for Just Compensation (Coutinued) Sales Comparison Approach: (Continued) A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. The Relative Comparison Analysis is similar to paired data analysis without the use of arbitrary or unsupportable quantitative adjustments. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in making the analysis of each property. The general location, immediate environmental influences, land size, building size and features, building age/condition, as well as site prominence/exposure were considered the most important factors in the subject case. Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a property in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. Allowance was made for these factors when considered applicable. Another important factor considered in analyzing the overall purchase price per square foot of building area is that of the land building area ratio. The sale properties have ratios ranging between 6.56:1 and 12.59:1. The subject property has a ratio of 8.51:1. All of the sale transactions employed herein were considered helpful in the valuation analysis of the subject property. Following is a summary relating the overall comparability of the individual sale properties to the subject site: Based on the foregoing, the value of the subject property, as indicated by the Sales Comparison Approach, is estimated at $1,100,000, which reflects $99.40 per square foot of land area, and $846.15 per square foot of building area. 75M-29 Overall Data Comparability Sale Price 4 inferior $ 865,000. 2 slightly inferior $ 975,000. 3 similar $1,000,000. Subject - - - - $1,100,000. 1 similar $1,200,000. 5 superior $1,232,500. Based on the foregoing, the value of the subject property, as indicated by the Sales Comparison Approach, is estimated at $1,100,000, which reflects $99.40 per square foot of land area, and $846.15 per square foot of building area. 75M-29 Summary of the Basis for Just Compensation (Continued) Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long term vacancy/credit loss and various expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. Following is the income and expense schedule considered applicable to the subject property. Main building 1,300 SF @ $4.00 = $5,200. Total gross annual income: $5,200 x 12 = $62,400. Vacancy and credit loss (3.0%): - 1.872. Effective gross annual income: $60,528. Annual expenses: $/$F °/ EGI Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.0% 00. Management (3%): 1.40 3.0% 1,820. Legal and accounting: 0.35 0.70/ 450. Maintenance/repairs: 1.15 2.5% 1.500. $2.90 6.2% Total annual expenses: - 3.770. Net annual operating income: $56,758. Capitalization of net income: $56,758 capitalized at 5.00% _ Reconciliation: Value indicated by Sales Comparison Approach: Value indicated by Cost -Summation Approach: Value indicated by Income Capitalization Approach: Final Estimate of Marlrel Value: $1,135,160. Adjusted: $1,135,000. $1,100,000. Not applicable. $1,135,000, Based on the foregoing, as well as the valuation analysis set forth in the appraiser's file, the market value of the unencumbered fee simple interest in the subject property, in as -is condition, exclusive of non -realty Fixture/equipment items, is estimated at $1,125,000. 75M-30 ATTACHMENT 4 SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by yo u as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title, 3. The amount determined to be just compensation was detennined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on. the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and Reflects the definition of"fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to .receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California, 75M-31 j a �HANDBOOKI CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75M-32 Dear Property Ownei Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75M-33 TABLE OF CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT MAPPENS IC THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT 1T. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75M-34 WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure, WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar witb local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property, This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would he agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 75M-35 HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET 'VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: • How it compares with similar properties in the area that have been sold recently, • How much it would cost to reproduce the buildings and other structures, less any depreciation. • How much rental income it could produce after expenses and how investors typically value that income, WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your hest interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several mouths to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN THE CITY'S STATEMENT OF TIIE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 75M-36 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired. • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. • The amount of the offer. • Where appropriate, the ,just compensation for the real property acquired and for damages to remaining Teal property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza M-36, Santa Ana, CA 9270-2, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT THE CPPY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75M-37 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if: 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing, After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury tial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur• in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75M-38 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of'. Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith, Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be. responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on die condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a new location. 75M-39 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? Tf you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document, The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your of your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell you property, you camrot be required to move before you receive the agreed purchase price. In the case of a condemnation, you camrot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement Cali be worked out. You catmot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder, (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 75M-40 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAN ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit tram the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale tinder the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75M-41 t ATTACHMENT 6 STATEMENT OF OWNERSHIP PERSONAL PROPERTY, TENANT IMPROVEMENTS, FIXTURES AND EQUIPMENT PARCEL NO,: PROJECT: CCU: TENANT'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Date: Tenant. PROPERTY OWNER'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Property Owner Date: Please have each signature on this document notarized. 75M-42 ( ( ATTACHMENT 7 CITY OF SANTA ANA TACOS MEXICO INC. 2102 S. BRISTOL PUBLIC WORKS AGENCY FAIR MARKET VALUE IN-PLACE SANTA ANA _ DATE OF VALUE: MARCH 3, 2016 L Q C Q I T DESCRIPTION: o U FMV IN N X IMPROVEMENTS PERTAINING TO THE REALTY N A PLACE E D L INTERIOR 1 2 1 WALL AND COLUMN MIRROR, (108)SF A A 4405 1,470 3 4 1 WALL TILE, 4" CERAMIC, (224)SF F A 4408 2,030 5 6 3 COLUMN TRIM NEON LIGHTS, 4'L EACH F A 4408 240 7 8 1 LOT C/O NEON TUBE WINDOW TRIM, (200)LF A A 4412 2,030 9 10 '1 SURVEILLANCE SYSTEM, C/O (1) GENERIC CPU, (1) F A 44'13 1,070 MONITOR, HP 20" FLAT, (5) MISC CAMERAS, HI -DEF, 4440 COLOR 11 12 1 DRIVE THRU COMMUNICATION SYSTEM C/O, (2) 3M F A 4420 1,400 VOICE BOXES, (1) WIRELESS INTRACOM FOR HEADSET, (1) 3M INTRACOM CONTROL BOX, 13 14 1 RANGE HOOD, 7FTX4FT, SS, 4 FIRE NOZZLE, KITCHEN A A 4426 4,155 NIGHT SUPRESSION MDL PGL -300, W/ NMCH3 CONTROL HEAD 15 16 1 WALK-IN COOLER, METRO AIR, SS EXTERIOR INTERIOR A A 4430 10,780 SKIN, (1) MANDOOR, (2) REACH -IN DOORS, 2'X2' (1) SHELF, INSET, 3 TIER, DBL FAN COOLING COIL, RUSSEL, MDL AA26-70B, 9'X6'X7'H, 4"iNSUL, NO FLOOR 17 18 1 WATER HEATER, WHIRLPOOL, 35 GAL, F A 4431 470 19 20 1 WALL UTILITY SINK, SS, SGF, 10"X12" A A 4431 565 21 22 1 SCULLERY SINK, SS, DBL BASIN, SGF, 6FT A A 4432 1,510 23 24 1 WALL SHELF, SS, 6FT A A 4432 150 25 26 1 WALL UTILITY SINK, SS, SGF, 15"X15" F A 4431 325 27 28 1 WALL COUNTER WISINK, SS, 15"X15" SINK, SGF, 7FT SS A 4433 1,450 COUNTER 29 30 1 AIR CURTAIN, 36', NO ID, INSTALLED F/P A 4436 535 31 32 1 WALL COVER, SS SHEET, EST (325)SF F A 4426 1,755 4431• 3 33 34 1 SIGN, NEON TUBE, OPEN/DRIVE THRU, 2'X2' A A 4461 400 Hjelmstrom Associates Page Al 75M-43 67 68 69 70 TOTAL IMPROVEMENTS PERTAINING TO THE REALTY Hjelmstrom Associates 75M-44 $ 82,425 Page A2 CITY OF SANTA ANA TACOS MEXICO INC. 2102 S. BRISTOL PUBLIC WORKS AGENCY FAIR MARKET VALUE IN-PLACE SANTA ANA DATE OF VALUE: MARCH 3 2016 L Q C Q I T DESCRIPTION: O U v_ FMV IN N Y IMPROVEMENTS PERTAINING TO THE REALTY N A PLACE E D L 35 36 EXTERIOR 37 38 33 SIGNAGE, INDIVIDUAL LETTERS, MTL CHANNEL BOX, G A 4460 18,560 PLASTIC FACE, ILLUMINATED, 30"H 4 39 40 3 SIGNAGE, LOGO, MTL CHANNEL BOX, PLASTIC FACE, G A 2,025 ILLUM, 3'X3' 41 42 2 SIGNAGE, MTL CABINET, PLASTIC FACE, ILLUM, 2'X2' G A 900 43 44 80 LETTERS, DECAL, IN, A A 85 45 46 5 SECURITY LIGHTS, HI PRESSURE SODIUM BULB, A A 4462 1,940 47 48 4 MATURE MINI DATE PALMS A A 4455 1,000 49 50 4 MATURE ROSE BUSH A A 4456 300 51 52 1 SIGNAGE, 20'HX10" DIA POLE, 5'X10' SIGN BOX, ILLUM, A A 4459 10,370 DBL SIDE 53 54 1 AIR CURTAIN, 35", MARS, 36N-0 F A 4461 920 55 56 2 OUTDOOR DINING TABLES, 46"DIA, 8 SEAT, STL A A 4460 1,000 UMBRELLA 57 58 3 LIGHT STANDARD, 25',12"X18" HI PRESS SODIUM F A 4458 4600 59 60 4 MATURE DATE PALM OR EQUIV A A 4462 4,000 61 62 2 MATURE HIBISCUS SHRUB A A 4462 240 63 64 1 MENU DRIVE THROUGH BOARD, MOUNTED TO LIGHT F A 4465 1,600 STD, ILLUM, 4'X6' (1) STL FILLED BULLARD, 24" 65 66 1 STORAGE ROOM, FREESTANDING, STUCCO FINISH F A 4466 4,550 (OLD WALK-IN?) 67 68 69 70 TOTAL IMPROVEMENTS PERTAINING TO THE REALTY Hjelmstrom Associates 75M-44 $ 82,425 Page A2 Epic Lind Solutions, Inc. 2601 Airport Drive, Suite 130 Torrance, CA 50505 Phone: (310) 986-2560 Fax: (310) 891-3348 CITY OF SANTA ANA. TITLE VI INFORMATION PACKAGE The prQjeet proposed by the agency listed above will -be receiving federal financial assistance. Pursuant to Tith. VI of the Civil Rights ,qct of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation, in, be denied the benefits of, or be subjected to discrimination corder any program or activity receiving federal financial assistance. Other statutes provide protection against discrimination on the basis ofsex, age or disability. The enclosed Title VI Package is being; provided for your iufunnation to further explain your rights. The Paekagemclucles the following document? • Title VI Dooklat ■ Title VI of the 1464 Civil Rights Act and Related Statutes ■ Right of Way Title VI Survey Form with Self Addressed Stamped Envelope e Right of Way Title VI Discrimination Complaint Form ■ The U,S. Department of Commerce Census 13awau, Language Idemifreation Flashcard It is requested the Right of Way Title VI Survey .Form be completed and returnedin the self- addressed stamped envclape. If you read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flasheard, or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following; Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza M-3 6 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FORTHE PUBLIC GOOD www.EpicLand.com 75M-45 z LU 0 w CaLU.. c00 re ®I LAWO cW Mb= ... N G N a N o M G N a yi m sola;„ a°s oHi Ao z p N L N J O m u_ n� o � u! So52 G 08'rU aen -0 o 0 N N UU,. by (vy o o v - O � N o M a G p N N rv� u��r uu �u�o� o Via, o° o � 0 rQ3 _oma nn = N 601 N C 2 A" 75M-46 m imp a-0 9 �.. m _ 0[U.i ✓ An $.. N Q c. G O .00m. a,_ 0'- cc N u G O r N O C .5 M 0 N •� rt CL -A iJ 3 :y 75M-47 z M m ¢tl Q •t"''. 'K7 M C5. G pp a � C c u c 'v 32 w 8 E 'T'Sb..p- M TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE page t ore NONDISCRIMINATION STATUTES + Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that; "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) Tile Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be suhjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) + The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex he excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title," (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES TI -IE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF TIIE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB-RECIPTENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) + The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) tninimizing the adverse impact of displacement. _(to maintain)... the economic and social well-being of communities; and... to establish a lead agency and allow for State certification and implemeutation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75M-48 TITLE VI OF THE. 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page2 of 2 • The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINA"CION AGAINST PEOPLE WITH DISABILITIES) • The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the loon `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law." • Title V111 of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that; "(1) It shall be unlawful...to refuse to sell or Font after the making of a bona fide offer, or to refuse to negotiate for the sale of rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRIMI'NA'TION IN THP, SALE OR RENTAL OF HOUSING— HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. • Title IX of the (Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. • Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FHWA-HCR-06-006 75M-49 TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this farm in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: T Under 40 _ 41-65 _ Over 65 Race/Ethnicity: White _ American Tribe Black Pacific Islander _Hispanic _Other _ Asian Specify: Language spoken, if other than English: Are you or any member of your household suffering any physical disability or medical condition? _'Yes —No Are you a low-income family? _ Yes —No Enclosure 75M-50 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P1, 93-579) and the Information Practices Act of 1977 (Civil Cada 9octinns 1706 , At surd, notice in hereby given for the mquest or pamcuul Infnrmalion by thio farm. The requested personal Information Is voluntary. Tho prodpal Once." of the voluntary, laban allon is to radlllate the processing of this farm. The failure to provide all or any pad of the iequecfed Iofermailon may delay pmmassin9 of this from. No dledosure of personal Inlmmrallan will be made unless ponniesihle under Aulde 6, section I7o0.24 of the IPA of WT. Each Indlaidoal has Iho right upon request and proper id,m6flwllon, to Inspect all tenement Inrormalian in my road mainlmined on the lndiNdual hyanldenti n ndioulm. Directaa In shies on infmrmatlmn mfllnlenenca to our lPAOffice. Dist Co RIC Post 13ASIS ON DISORINIINATION ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low -Income [] Non-English Speaker Provide datc(s) and place of alleged discrimination Describe the nature of [lie author, decision, or conditions of the alleged discrimination (Arach Extra Page. If Necessary) Name of individuals (if Known) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible witnesses whom the complainant believes can provide factual infomlation about this allegation action requested NOTE; The use of the Title VI Discrimination Complaint tutor is not mandatory, you may proton your complaint In ally Serra Inar contains your signature 75M-51 Motka i kahhon ya yangin rnt0fignu' manaitai pattilattingnu' kurnentos Chamorro. 11 iwiwu& Ozaa"cite ovaj kvadratie ako citate ili govorite hrvatski jezik; Za"skrtq"ete tuto kolonku, pokud cute a havohtte pesky. Kruis dit vakjGaan als u Nederlands kunt lezen of spreken. Mark this box if you read orspeakEnglish, 75M-52 1. Arabic 2. Armenian 4.'Cambodian 5. Chamorro fi. Simplified Chinese 7.Traditional Chinese $:Croatlatl. 9. Czech 10. Dutch 11. English 12, Farsi _�,,ai 6 ,I UO t,l t1,14t�-A qI U. ' 1" gV—If �`L,�`4Znttl' tt---phip wjru ,pmmudl.... Ldr h b tununci� ttwd' tlw(<tliieJ' b,p 4wjhp6"u: FI WC°f%fi1i °ft dff ?f 0afZ hTt f�j- t llyiESiS1lii�ii�iiEtStSa tttF�fi##1S SSStYJlift�lftS1 tit y Motka i kahhon ya yangin rnt0fignu' manaitai pattilattingnu' kurnentos Chamorro. 11 iwiwu& Ozaa"cite ovaj kvadratie ako citate ili govorite hrvatski jezik; Za"skrtq"ete tuto kolonku, pokud cute a havohtte pesky. Kruis dit vakjGaan als u Nederlands kunt lezen of spreken. Mark this box if you read orspeakEnglish, 75M-52 1. Arabic 2. Armenian 4.'Cambodian 5. Chamorro fi. Simplified Chinese 7.Traditional Chinese $:Croatlatl. 9. Czech 10. Dutch 11. English 12, Farsi EwnnmFcs end At'V Nn AdminlMntlaA U.S, CENSUS BUREAU 75M-53 13. French 14, German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21, Italian 22.Japanese 23. Korean 24. Laotian 25. Polish Coeher ici si vous lisez ou parlez le franrais. I{reuzen Sic dieses K5stchen an, wenn Sic Deutsch lesen oder sprechen. ® Ygi.LEubo-rE Duro ro tJ.aioto av Stapaiere I VA re EXXgvtrA. Make kazye sa a si on li oswa on pale krey0l ayisyen. 3Tr 3T7 tF�t'IT tZ U45tr ift itt i�F W77 tR cs+TfF I Kos lub voj no yog koj paub twm thiab hais his limoob. ® lelolje meg ezt a kockdt, ha meg6rti vagy beszeli a magyar nyelvet. ® Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. Marchi questa casella se Legge o parla italiano. ❑ 21114 N21 ;?r %kTq °l 5dq RhMAP19 . 26wni-;Wejt q"-wiudgiAdgnwqoq@qo. ❑ Prosimy o zaznaczenie tego kwadratu, jezeli posluguje sib Pan/Pani jgzykiem polskim. nv.�ann U.S. DEPARTMENT OF COMMERCE EwnnmFcs end At'V Nn AdminlMntlaA U.S, CENSUS BUREAU 75M-53 13. French 14, German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21, Italian 22.Japanese 23. Korean 24. Laotian 25. Polish ❑ Assinale este quadrado se voc6 le ou fala portugues. ❑ (nsemnali aceasta casuia dacz citi(i sau vorbiti romflne¢te. IIOMeT6Te aTOT xnappaTux, ecru u6t rrnTaeTe WIN ronoprrTe no-pycexct. 06enea rrTe oaaj xsaAparul3 yxonnxo YnTaTe xnn roeoprtTe cpncxx jesKx. El Ozna6te tento 9tvor6ek, ak viete Maealebo hovorifpo slovensky. ❑ Marque esta casilla si lee o habla espafiol. ❑ Markahan itong kuwadrado kung kayo ay rmmnong magbasa o magsalita ng Tagalog. ❑°ltinvFlioauu�ua�`lu�loaci�vl�ud�uuio�yFln�v�'lnu. ❑ Maaka'i he puha ni kapau 'oku ke lau pe lea fakatonga. ® ]3ij[MiT[Te IM xtrirHffKY, RxnlO uu nHTaeTe a6o roaopnTe yxpahtcvxoto MosotO. r ❑ Xin danh dan vao 8 nay n6u quy vi bii t doc va not dttdc Viot Ngtf. ❑ .V' 7N VU"I 1YIN O)Y»5 'M 7)IN 5OV"I bY7 u)7))sNa DB -3309 U.S. DEPARTMENT OF COMMERCE Eaanomlis.�ds,adsnos Adm,.WWI.n 75M-54 U.a. CENSUS 9UREAU 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33. Tha i 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese T a HI Farm W-9 Request for Taxpayer Give Form to the (Rev.December2014) identification Number and Certification requester, Do not Department of the Treasury Send to fire Itis. Internal Revenue Service 1 Name (as shown on your Income tax return). Name Is required on this line; do not leave this line blank. 2 Business name/dludliarded entity name, If different from above ci m a e 3 Check appropriate box for federal lax classification; check only ono of the following seven bozos: 4 Exemptions (codes apply only to certain entities, not individuals; see o ❑ Individual/sole proprietor or ❑ C Corporation ❑ 5 Corporation ❑ PaHnerchl Trustlestale P Instructions an page 3): a o single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S -S corporation, P=partnamhlp) ► Exempt payee code (if any) `o Note. Fora single -member LLC that is disregarded, do not check LLC; check the appropriate box In the line above for Exemption from FATCA reporting the tax classification of the single -member owner. code (If any) C Q. ❑ Other(.. lnstruatfahs) 0 (Applresmvccaunte malnUlned d,mtle lM1e USJ w 5 Addmss (number, street, and apt, or suite no.) Raquester's name and address (optional) U W a w 9 City, state, and ZIP cad. v y 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given online 1 to avoid I Social security number backup wlien, sole For individuals, this Is generally your social I i stru number (page However, fora _ m resident alien, sale proprietor, or disregarded entity, sea the Part I instructions on page 3. FoY other entities, it Is your employer identification number (EIN). If you do not have a number, see How fa get a TIN on page 3. or Note. If the account is in more than one name, see the instructions for line 1 and the chart on page 4 for Employer tdenUncation number guidelines on whose number to enter- F—F-1 F—I-7—F—FT-1-1 Under penalties of perjury, I certlfy that: I. The number shown on this form Is my correct taxpayer identification number (or I am waiting for a number to be issued tome); and 2. lam not subject to backup withholding because; (a) I am exempt from backup withholding, or (h) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (o) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions on page 3, sign Signature of Here U.S.paraon► onto 10. General instructions Section references are to the Intimal Revenue Code unless otherwhe, noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) Is at www.lm.9ov/M199. Purpose of Form An Indlodual or entity (Form W-9 requester) who Is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (ITIN), adoption taxpayer identification number (ATIN), or employer Identification number (EIN), to report on an Information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns Include, but are not limited to, the following: • Form 1099 -INT (Interest earned or paid) • Farm 1099 -DIV (dividends, Including those from stacks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-5 (stock or mutual fund sales and certain other transactions by brokers) • Farm 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form f 090 (home mortgage Interest), 1099-E (student loan Interest), 1090-T (tuition) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. Hyde do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. Soo What /s backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3, Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S, person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the wlthholeing tax on foreign partners' share of effectively connected Income, and 4. Carilty that FATCA code(s) entered on this form (If any) indicating that you are exempt from the FATCA reporting, Is correct. See What Is FATCA reporting? on page 2 for further Informaffan. Cat. No, 1923'1% 75M-55 Form W-9 (Rev. 12-2014) Form W-8 (Rev. 12-201 Note. If you are a U.S. person and a requester gives you a form ether than Form W-9 to request your TIN, you must use the requester's form If It Is substantially similar to this Farm W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An Individual who Is a U.S. citizen or U.S. residual ellen; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding lax under section 1446 on anyforelgn partners' share of effectively connected taxable Income from such business. Further, In certain cases where a Form W.9 has not been mcolved, the rules undersectlon 1446 require a partnership to presume that a partnerfs a foreign person, and paythe section 1446 withholding tax. Therefore, If you are a U.S, person trot Is a padnerin a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid section 1446 withholding on yourshare of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on Its allocable share of nal Incomefrom the partnership conducting a trade or business In the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the US. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S. trust (other than a grantor irusti, the U.S, trust (other than a granter trust) and not the beneficiaries of the trust. Foreign person. If you are aforelgn parson or the U.S. branch of a foreign bank that has elected to he treated as a U,S. person, do not use Form W-9, Instead, use the appropriate Form W -g or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S, tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause," Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of Income even after the payee has otherwise become a U.S, resident alien for tax purposes, If you are a U.S. resident alien who Is relying on an exception contained In the saving clause of atax treaty to claim an exemption from U.S. tax on certain typos of Income, you must attach a statement to Form W-9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income, 3, Thu article number (or location) In the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. A. Sufficient facts to justify the exemption from tax undcr ibe terms of the treaty amain, Example. Article 20 of the U,S: China income tax treaty allows an exemption from lax forschoiamhip Income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will became a resident alien for tax purposes If his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 Of the first Protocol to the U.S: China treaty (dated Apra 30, 1984) allows the provisions of ANiele 20 to continuo to apply even offer the Chinese student becomes a resident alien of the United States, A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Form W-9 a statement that includes the Information described above to support that exemption. If you are a nonresident alien ora foreign entity, give the requester the appropriate completed Farm W-8 or Form 6233. Backup Withholding What Is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 2801a of such payments. This Is called "backup wlthholdintl " Payments that may be subject to backup withholding Include interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network interactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requostor your correct TIN, make the proper certifications, and report all your taxable interest and dividends an your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for damlls), Page'2 3. The IRS tells the requester that you furnished an Incorrect TIN, 4, The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable Interest and dividend accounts opened after 1983 only). C artain payees and payments are exempt from backup withholding. See Exempt payee cede on page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Special rules forpartnendlps above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial Institution to report all United States account holders that are specified United States parsons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information If you are a C corporation that elects to be an S corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, If the grantor of a grantor trust dies. Penalties Failure to furnish TIN, If you fell to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure Is due to reasonable cause and hot to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying Information, Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and/or Imprisonment. Misuse of TINS. If the requester discloses or uses TINs In violation of regard law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; de not leave this line blank. The name should match the name on your tax return. Ifthis Form W-9 is for a joint account, list first, and then circle, the name of the person or entity whose number you entered In Part I of Form W-9. a, Individual. Generally, enter the name shown on your tax return. If you have changed your last name without Informing the social Security Administration (GSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your Individual name as It was entered on your Form W-7 application, line ia. This should also be the settle as the name you entered on the Form 104011040All040EZ you flied with your application. b. Sole proprietor or single -member LEG, Enter your individual name as shown on your 1040/1040All 040 EZ on line 1. You may enter your business, trade, or "doing business aa" IDEA) name on line 2. a Partnership, LEC that Is note single -member LLC, C Corporation, or S Corporation. Enterthe entity's name as shown on the entity's tax return on line 1 and any business, trade, or DSA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents an line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DSA name an line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that Is disregarded as an entity separate from Its owner In treated as a "disregarded entity." Sea Regulations section 301,7701-2(e)(2)(iiiJ. Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the mune shown on the income tax return on which the Income should be reported. For example, if a foreign LLC that Is treated as a disregarded entity for U.S, federal tax purposes has a single Owner that Is a U.S, person, the U.S. owner's name Is requh'ad to be provided on line 1. If the direct owner of the entity In also a disregarded notify, rotor the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business naroddleregarded entity name." II the owner of the disregarded entity Is a foreign person, the owner must complete an appropriate Form W-3 Instead of a Form W-8. This is the case even if the foreign person has a U.S. TIN. 75M-56 Farm W-9 (Rev. 1 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it an line 2. Line 3 Chock the appropriate box In line 3 for the U.S. federal tax classification of the person whose name Is entered on line 1. Check only one box In line 3. Limited Liability Company (LLC). If the name on line 1 Is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" In the space provided. If the LLC has fled Form 8832 or 2553 to be taxed as a corporation, check the "Umited Liabillty Company" box and in the space provided enter "C" for C corporation or "S" for S corporation, if It Is a single -member LLC that Is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box in lino 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FA7CA reporting, enter In the appropriate apace In line 4'any code(&) that may apply to you. Exempt payee code. • Generally, Individuals (including sola proprietors) era not exempt from hookup withholding, • Except as provided below, corporations are exempt from backup withholding let certain payments, inoluding Interest and dividends. a Corporations are not exempt from backup withholding for payments made In settlement of payment card or third parry network transactions, a Corporations are not exempt from backup withholding with respect to attorneys fees or gross proceeds paid to attorneys, and corporations that provide medical o health care servlces are net exempt with respect to payments reportable on Form 1099-MISC. The following codes identify payees that are exempt from backup withholding. Enter the appropriate code In the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) If the account satisfies the requirements of section 401(1)(2) 2—The Unwed States or any of Its agencies or instrumentalities 3—A stale, the District of Columbia, a U.S. commonwealth or poancaslam or any of their political subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or Instrumentalities 5—Acerpomtian 6—A dealer In securities or commodities required to register In the United States, the Disidet of Columbia, ora U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 - 10—A common trust fund operated by a bank undersection 584(a) 11—A financial institution 12--A middlemen known In the Investment community as a nominee or custodian 13—A trust exempt from tax under section 064 or described In section 4447 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above,1 through 13. 'However, the following payments Hindu to a corporation and reportable on Form 1099-MISC arc not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 604510. and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United Stales by certain foreign financial institutions. Therefore, If you are only submitting this form for an account you hold In the United States, you may leave this field blank.rs Consult with the peon requesting this form if you are uncertain If the financial Institution is subject to these requirements. A requester may ketosis that a code Is not required by provlding you with a Form W. 9 with "Not Applicable" (or any sin4lor Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section Sol (a) or any Individual retirement plan as defined in section 7701(a)(37) 0 --The United States or any of ita agencies or instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which is regularly traded on one or more established securities markets, as described In Regulations section 1.1472-1(c)(1)O E—A corporation that Is a member of the same expanded affiliated group as a1.1472-1(o)(1)(1)corporation described In Regulations section 1.1472-1(c)(1) F --A dealer In securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, (onwards, and options) that Is registered as such under the laws of the Mind States or any state G --A real estate Investment trust r IT —A regulated Investment company as defined in section 851 or an entity registered at all III ran during the tax year under the Investment Company Act of 1940 IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Beller exchange transactions and Exempt payees i through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over$5,000' 1 through 5? Payments made In settlement of Exempt payees 1 through 4 payment card or third party network transactions I See Form 1099-MISC, Miscellaneous Income, and Its Instrucllons. 1—A common trust fund as defined in section 504(a) J—A bank ea defined In section 561 K—A broker L—A trust exempt from fax under&ectien 664 or described In section 4947(a)(1) M—A tax exempt trust under a section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial institu0on requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number), This is where the requester of this Farm W-9 will mail your information returns. Line 6 Enter your city, state, and AP code. Part I. Taxpayer Identification Number (TIN) Ent air your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN Is your IRS individual taxpayer Identification number (ITN). Enter it in the social security number box. If you do not have an ITIN, see Now to gat a TIN below. If you are a sale proprietor and you have an LIN, you may enter either your SSN or LIN. How.wo, the IRS prefers that you use your SSN. If you are a single -member LLC that Is disregarded as an entity separate from Its owner (see Umited 41ability Company (LLC) on this page), enter the owner's SSN (or EI N, If the owner has one). Do not enter the disregarded entity's LIN. if the LLC is classified as a corporation or partnership, enter the entity's LIN. Note, See the chaff an page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for ane immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local SSA office or get this form online at newssa.gov. You may also get this farm by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an [TIN, or Form SS -4, Application for Employer hamfificallon Number, to apply for an LIN. You can apply for an MIN online by accessing the IRS webslm at www.lrs.gov/bustnessas and clicking on Employer Identification Number(EIN) under Starting a Business. You can gel Farms W-7 and SS -4 from the IRS by visiting IRS,gov or by calling 1 -600 -TAX -FORM (1-000-829-3676), If you are asked to complete Form W-9 but do not have aTIN, apply for a TIN and write "Applied For" In the space for the TIN, sign and date the form, and give it to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 80 days to gat a TIN and give it to the requester beton you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Cautlon: A d/sregarded U.S, emtfty that has a foreign owner must use the appropriate Form W -S. 75M-57 Form W-9 Part II. Certiflcation To establish to the withholding agent that you area U.S. parson, or resident alien, sign Farm W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or 5 below indicate oihenwkse. For a joint account, only the person whose TIN Is shown in Pad I should sign (when required). In the case of a diaragarded entity, the person identified an Ilene 1 must sign. Exempt payees, see i5semptpayse code earlier. Signature requirements, Complete the certification as Indicated In Items 1 through 5 below, 1. Interest, dividend, and barter exchange accounts opened before 1004 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the codification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1963 and broker accounts considered inactive during 1983. You must Slgh the oertlficeilon or backup withholding will apply. if you are subject to backup withholding and you at merely providing your correct TIN to the raquestar, you must areas out Item 21n the certification before signing the farm. B. Real estate transactions. You must sign the certification. You may areas out Item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. "Other payments" Include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (Including payments to corporations), payments to a nonemployee for services, payments made In settlement of payment card and third parry network transacllohs, payments to certain fishing boat crew members and fishermen, and groes proceeds paid to attorneys (Including payments to corporations). 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, can eillallon of debt, qualified tuition program payments (under section 529)1 IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions, You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of succumb Give name and SSN of: 1. Individual The Individual 2. Two ormone Individuals point The actual owner of the account or, account) If combined funds, the first Individual an the account' 3. Custodian account of a minor The minors (Uniform Gift to Miners Act) 4. a. The usual revocable savings The grantor -trustee' trust (grantor is also trustee) h. So-called trust account that Is The actual owner not a legal or valid trust under state law 5. Sole proprietorship or disregarded The owner' entity owned by an individual 6, Grantor trust filing under Optional The grantor' Form 1090 Filing Method 1 (sae Regulations sectlon 1.671-4(b)(2)(i) (A)) Forthis type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner Indtvldual 8. A valid trust, estate, or pension it Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. A .... letter, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture In the name of a public entity (such as a state or local government, school district, or in loop) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Fort 1099 filing Method 2 (see Regulations section '1.67'1-4(h)(2)p) 'List first and curia the earn. of the pemoh whose number you furnish. If only ane person on a II account has an SSN, that parson's number must be monistical, 'clubs the rumor's name and furnish the minm's SSN. s You must show your Individual name and you may also enter your business or DBA name on the ^Business nameldleregarded entity' name line, You may use eithar your SSN or SIN Of you have ane), but the IRS ancourages you to use your SSN. ' Dat fret and circle the home of the trust, estate, or pension [oust. (Do not furnish the TIN of the personal repraseNalive or trustee unless the legal entity Itself Is not designated In the amount title.) Also see special rotas fer,semisahips on page 2. `Note. Grantor also most provide a Form W-9 to trustee of bugL Nate. If no name Is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying Information, without your permission, to commit fraud or other crimes. An Identity thief may use your SSN to get a Job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer Is protecting your SSN, and • Be careful when choosing a tax prepares. If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a last or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4499 or submit Form 14039. For more information, see Publication 4535, Identlty Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing economic harm or a system problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) asealanoe. You can reach TAS by calling the TAS tall -hes case Intake line at 1-877-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious email, or phishing schemes. Phlshing In the emotion and use of small and wabsll designed to mimic legitimate business amalls and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private Information that will be used for identity theft. The IRS does not hill contacts with taxpayers via amalls. Al... the IRS does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phfsh)ng@lm.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emalls to the Federal Trade Commission at: spam®uee.gov or contact them at w,uw.Rc.goWldfhaft or 1-877.1OTHEFT (1-877-438-4338). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, orcertatn other income paid to you; mortgage Interest you paid; the acquisition or abandonment of assured properly; the cancellation of debt; or contributions you madato an IRA, Archer MSA, or HSA. The person collecting this form uses the Information on the form to file information returns with the IRS, reporting rhe above Information. Routine uses of this Informatlon Include giving it to the Department of Justice for civil and criminal litigation and to titles, states, the District of Columbia, and U.S. commonwealths and possessions for use In administering their laws. The Infol'motion Mao may be disclosed to other countries under treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat lermrtsm. You must provide your TIN whether or not you are required to filo a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a U N to the payer. Certain penalties may ateo apply for providing false or fraudulent information. 75M-58 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2102 S. BRISTOL STREET (APN 408-471-01) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Resolution No. 2017 -XXX Exhibit 3 Page 1 of 6 75M-59 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2102 S. Bristol Street (APN 408-471-01), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75M-60 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: - J n M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75M-61 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75M-62 EXHIBIT Am LEGAL DESCRIPTION Real property in the CiLy of Santa Ana, COLmty of Orange, State of California, described as follows: ALL THAT PORTION OF LAND ALLOTTED TO FREDERICK W, KOLL, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS DESCRIBED IN THE FINAL DECREE OF PARTITION OF IT E RANCHO SANTIAGO DE SAMA ANA, WHICH WAS ENTERED SEPTEMBER 12, 1968 IN BOOK 8, PAGE 410 OF JUDGEMENTS OF THE DISTRICT COURT OF THE 17TH )UDICIAL. DISTRICT IN AND FOR LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ON THE SOUTH LINE OF ST. GERTRUDE PLACE AT A POINT DISTANT SOUI-1-1 89049'15" EAST 230.98 FEET FROM THE CENTER LINE OF PACIFIC AVENUE AS SAID STREETS ARE SHOWN ON A MAP OF TRACT NO. 2207, RECORDED IN BOOK 62, PAGES 23 AND 24 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 0010'45" WEST PARALLEL WITH CENTER LINE OF PACIFIC AVENUE 100.00 FEET IN THE NORTHWEST CORNER OF THAT CERTAIN 3.56 ACRE PARCEL OF LAND AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 24 OF RECORD OF SURVEYS 1N THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA; THENCE SOUTH 89049'45" EAST ALONG TI 16 NORTH LINE OF SAID 3.56 ACRE PARCEL 517.00 FEET TO THE WEST' I.INE OF BRISTOL STREEI" AND THE NORTHEAST CORNER OF SAID 3.56 ACRE PARCEL; THENCE NORTH 0010'45" EAST ALONG SAID WEST' LINE 75,00 FEET TO THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 25.00 FEET; THENCE NORTHERLY AND WES"fERLY ALONG SAID CURVE 39.27 FELT THROUGH A CENTRAL ANGLE OF 900 AS SHOWN ON SAID'TRACI' MAP, TO THE SOUTH LINE OF ST. GERTRUDE PLACE; THENCE NORTH 89M5'15" WEST ALONG SAID SOUTH LINE 492.00 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE WESTERLY 397.00 FEET, APN: 408-471-01 75M-63 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 ssz eeF�Fone EXHIBIT B 33 P[ACf S 0-1 Resolution No. 2017 -XXX Page 6 of 6 9 '—(VAnNfF renxr iwel jgVEN4f yr t' t I.-22 41249 75M-64 r 0 • • • 75M-65 06/15/2017 THU 10!19 FAX PETERSON LAW GROUP PROFESSIONAL CORPORATION SUITE 290 19800 MACARTPIUR BOULEVARD IRVINE, CALIFORNIA 92612 TELEPyONB (949) 955-0127 FACSIMILE (949) 955.9007 June 15, 2017 Clerk of the Council City of Santa Ana, City Hall 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 Facsimile; 714-647-6956 wool 001 2017 JUN 15 AM 10: 19 CITY OF SANTA ANA CLERK OF Mt!lj4C!�, Via Personal Deliven,/ and .Facsimile Re: Hearing on Resolution of Necessity - Tacos Mexico, Inc.. Bristol Street Widening Project APN 408471.01 2102 S. Bristol Street, Santa Ana, CA ("Subject Property") Dear Members of the City Council; This office represents Tacos Mexico, Inc., owner of the Subject Property. Request is hereby made that this letter be made part of the record, and that we be given the opportunity to be heard at the hearing on the Resolution of Necessity. Tacos Mexico, Inc. does not challenge the Resolution of Necessity for the Subject Property. however, the prelitigation offer pursuant to section 7267.2 of the California Government Code is inadequate and does not rise to the fair market value standard. The offer reflects a depression in the surrounding area caused by the project, and thus the offer is project influenced. We look forward to working with the City in reaching a fair and just resolution of the acquisition of the Subject Property that complies with the fair market value standard, CDP: cl Very truly y9wg, Christopher D. Peterson 75M-66 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2120-2130 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the partial condemnation of the real property located at 2120-2130 South Bristol Street (APN 408-471-01) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, partial acquisition of the parcel at 2120-2130 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 13 months. A good faith offer was made on January 30, 2017, in the amount of $72,400 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75N-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2120-2130 S. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $72,400 are appropriated in the Bristol Street Improvements Project (No. 116741), Measure M2 Street Construction Fund (Account No. 03217663-66100), for transfer to the State Treasurers Office Condemnation Deposits Fund in FY 2016-2017. I JA Fred Mousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity • APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75N-2 MATCHLINE SEE BELOW RIGHT I I 1408.338.77 1 V a� I I I ST GERTRUDE PL --r------T----.—. 1408-471.011 I I i W 408.411.1 W I VJ OI � j ;r I � d08 -n71.06 I %- x--11-' Z/-- I - IC1 6154£N-23� 018-18424, 'Pt5-19h-2& 016.194-28; MA94-3y I I � WARNER AVENUE LEGEND= -SUBJECT P56PEPI r - FULL sam5?rzan -kOpCrPUD PPOPEPT[E3 I - I I I I I i3 � ry l I I _..i..i... _.i ST ANDREW PL A. CARLTON PL —7-7- v f:_ 7-'7'_�_. T.. ww GLENWOOD PL J j ! m AL r r m --t- r- -i--- j j gi w , CAMDEN PL �3T ANNE PL �J ryl I I -T`T"T-�� l of I I I EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC II CITY COUNCIL FOR INTEREST AND NECESSITYP W A AGENDA DATE; PROPERTY AT HE AC1©0 SOUTH BRISTOL STREET PUe�m wa� JUNE 20, 2017 (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 1G: and 3, 2CJ PAGE 1 OF 1 75N-3 City of a Ana I Bristol Street Improvements -Warner Avenue to Saint Andrew Place Parcel File No. 408-471-17 Owner of Record: AU Zone Santa Ana, LLC, a California limited liability company Additional Owner(s) of Record: N/A Property Address: 2120-2130 S, Bristol Street, Santa Ana, CA 92704 This Is to acknowledge receipt of the offer package containing the following items: Offer letter dated January 30, 2017 which includes: Preliminary Report Issued by Title Company (Attachment 1) Property Legal Description & Plat Map (Attachment 2) Statement of Just Compensation (Attachment 3). Summary Explanation Statement (Attachment 4) o City of Santa Ana Handbook on Acquisition (Attachment 6) m Your Rights Under Title A (Attachment's) ® W-9 Form (Attachment 7) Please return the SIGNED Receipt of Offer Package in the envelope enclosed. AU Zone Santa Ana, LLC, a California limited liability company M Its: Date: EXHIBIT 2 75N-4 MAYOR Miguel A, Pulldo MAYOR PRO TEM Michele Martinez COUNGILMEMBERS P, David BenaVides Vicente Sarmiento Jose Solodo- sat Thojero :Juanviliegas. Janaury 30, 2017 CITY OF SANTA ANA 20 CIVIC Center Plaza PO, Box 1998 -Santa Ann, California 92702 714:647-5093 m tmit1a-ena.ti3r4 AU Zone Santa Ana LLC 5850 Canoga Avenue Suite 650 Woodland Hills, CA 91367-6573 SUBJECT: REVISED "OFFER TO ACQUIRE PROPERTY RIGHTS xrT. 2120-2130 S. BRISTOL STREET, SANTA ANA, CA 92704 APN: 408-471-17 Dear Property Owner, This Offer supersedes all previous Offers to Acquire, ACTING CITY MANAGER Gerardo Manor CITY ATTORNEY Sona R. Carvallta CLERK OF THE. COUNCIL, Maris p.. Huluar Via Certified Mail The City of Santa. Ana ("City") is proceeding with its plans to construct Phase 4 of the Bristol Street improvements Project between Warner Avenue and Saint Andrew Place, The City obtained ra preliminary title report that lists AU Zane Santa Ana, LLC,'a California limited liability company to be the vested owner of the above-mentioned property as shown in Attachment 1. The City seeks to acquire 'a portion of your property totaling 258 square feet in size on the property located at the above-mentioned address, which consists of the underlying real property as described and delineated in Attachment 2. The area to be acquired is referred to herein as the "Property Interest'. No final determination has been made as to the ownership of the above-mentioned property, This offer is contingent upon presentation of conclusive evidence of title, If more than one person has an interest in the property that the City is seeking to acquire an interest therin, all parties with such interest must accept this offer. As you know, the City had your property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers to purchase the Property Interest for $72,400.00 The basis for this offer is explained more thoroughly in the attachments to this letter that are made apart of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both, 75N-5 2120-2130 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property Interests, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the property through its power of eminent domain or abandon its intention to acquire the Property Interest, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property Interest and can only do so after it holds a hearing, at which all affected property owners have had an opportunity to appear and be heard. The Purchase Price is the total amount established by the appraisal as the fair market value of the Property Interest and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263,025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property Interest will be provided to you for your review and approval. It is the desire of the City to acquire private property interests through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire the Property Interests. 2120-2130 S. Bristol Street 75N-6 January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Jesse Ortiz from Epic Land Solutions, Inc. at (310) 626-4843. Sincerely, X� Jason Gabriel, Principal Civil Engineer cc: Anthony Lanza, Esq. 75N-7 CLTA Preliminary Paport Farm (Rev, 11106) Customer Reference: Order Number. Title Crfficer: Phone: Fax No.: E -Mail: Property. an ATTACHMENT Order Number; C -SA -4443322 Page Number: 1 Updated; Fire American 'Title Company 323 Court Street San Bernardino, CA 92461 O -SA -4443322 (22) Matt Hooks (909}380-8739 (866)566-3986 X_mhooks@firstam:c8m 2139 South Bristol Street Santa Ana, CA may nereny reports ura2Rls prepared to'iisuef or is land and the estate or'interest therein 'live or encumbrance not shown or' referred to as. Ilbons and Stipulations of said Policy forms, Please read the exceptions shown or referred to Below and the exceptions and exclusions satfarth in Ekhiblt Aofthis 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 he carefully considered. It Is Important to note that this' preliminary report Is out'a written representation as to the condition of title and may not list all liens,defects, and encumbrances affecting title to the land. Binder First American Title page I or Is 75N-8 of a policy of title Insurance, a Order Number: O -SA -4443322 Page Number: 2 Dated as of September 01, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage Is desired. Title to said estate or Interest at the date hereof is vested in: AU ZONE SANTA ANA, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein Is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement for pole lines, conduits and incidental purposes in the document recorded June 6, 1956 in Book 3536, Page 165 of Official Records. 4. Covenants, conditions, restrictions and easements in the document recorded in Book 12561, Page 1746 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any fust mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955, Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 5. Abutter's rights of ingress and egress to or from Bristol Street, except at street intersections, have been dedicated or relinquished on the filed Map. FlrstAmerlcan Title Page 2 of 15 75N-9 ON Ga 0 10. 11. 12. 13. Order Number: a -SA -44433%7, Page Number: 3 An easement shown or dedicated on the Map as referred to in the legal description For: Public utilities and incidental purposes. Covenants, conditions, restrictions, easements, assessments, liens, charges, terms and provisions In the document recorded February 15, 1979 in Book 13037, Page 248 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made In good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of Income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Note: You may wish to contact the homeowners association referred to in the above document for information regarding assessments, transfer requirements or other matters. Document(s) declaring modifications thereof recorded May 5, 1994 as Instrument No. 94- 0311627; October 28, 1997 as Instrument No. 19970539082 and January 13, 1998 as Instrument No. 19980017181, all of Official Records. An easement for underground electrical supply systems, communication systems and incidental purposes, recorded July 11, 1979 in Book 13224, Page 1211 of Official Records. In Favor of: Southern California Edison Company, a corporation Affects: 6 foot strips lying within Parcels 5 and 6 and 14 foot strips lying within all parcels An easement for Ingress, egress, parking areas and Incidental purposes in the document recorded November 12, 1980 in Book 13830, Page 712 of Official Records, An easement for public utilities and incidental purposes, recorded December 24, 1997 as Instrument No. 19970662725 of Official Records. In Favor of: The City of Santa Ana, a municipal corporation Affects: A portion of Parcels 2, 4, 5 and 6 of Parcel Map flied in Book 130, Pages 3 and 4 An easement for public utilities and incidental purposes, recorded December 24, 1997 as Instrument No. 19970662726 of Official Records, In Favor of: The City of Santa Ana, a municipal corporation Affects: A portion of Parcels 4 and 5 of Parcel Map filed In Book 130, Pages 3 and 4 An offer of dedication for public right-of-way and incidental purposes, recorded January 13, 1998 as Instrument No. 19980017927 of Official Records. To: The City of Santa Ana An offer of dedication for public right-of-way and incidental purposes, recorded January 13, 1998 as Instrument No. 19980017928 of Official Records. To: The City of Santa Ana F%CStAmertcan Tltle Page 3 of 15 75N-10 Order Number: O.5A,4443322 Page Nurrlber: 4 14. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require, 15. With respect to AU Zone Santa Ana, LLC, a California limited liability company: a. A copy of Its operating agreement and any amendments thereto; L If it is a California limited liability company, that a certified copy of its articles of organization (LLC -1) and any certificate of correction (LLC -11), certificate of amendment (LLC -2), or restatement of articles of organization (LLC -10) be recorded in the public records; c. If It is a foreign limited liability company, that a certified copy of its application for registration (LLC -5) be recorded in the public records; d. With respect to any deed, deed of trust, lease, subordination agreement or other document or instrument executed by such limited liability company and presented for recordation by the Company or upon which the Company is asked to rely, that such document or instrument be executed in accordance with one of the following, as appropriate: (i) If the limited liability company properly operates through officers appointed or elected pursuant to the terms of a written operating agreement, such document must be executed by at least two duly elected or appointed officers, as follows: the chairman of the board, the president or any vice president, and any secretary, assistant secretary, the chief financial officer or any assistant treasurer; (ii) If the limited liability company properly operates through a manager or managers identified in the articles of organization and/or duly elected pursuant to the terms of a written operating agreement, such document must be executed by at least two such managers or by one manager if the limited liability company properly operates with the existence of only one manager. e. Other requirements which the Company may impose following its review of the material required herein and other Information which the Company may require Rist ArnalY 7 Ttle Page 4 of 15 75N-11 Order Number: O -SA -4443322 Page Number: 5 -- ---. 1 INFORMATIONAL _ NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth In any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued In connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $129,951.72, PAID Penalty: $0.00 Second Installment: $129,951.72, PAID Penalty: $0.00 Tax Rate Area: 11-102 A. P. No.: 408-471-17 2. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(r) Commercial Structure known as 2130 South Bristol Street, Santa Ana, California. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 4. We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title Insurance policy, If any, to which this map is attached. FirstAmerican Title Page 5 of 15 75N-12 Order Number: O-SA^4443322 Page Number. 6 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: PARCEL A: PARCEL 1, AS SHOWN ON EXHIBIT "B" ATTACHED TO LOT LINE ADJUSTMENT LL 79-9 RECORDED NOVEMBER 21, 1979 W BOOK 13406, PAGE 575 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B: PARCELS 3 AND 6, AS SHOWN ON A MAP FILED IN BOOK 130, PAGES 3 AND 4 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL C: PARCELS 1, 2 AND 3, AS SHOWN ON EXHIBIT "B" ATTACHED TO LOT LINE ADJUSTMENT LL 97- 16 (97-016) RECORDED JANUARY 23, 1998 AS INSTRUMENT NO. 19980037939 OF OFFICIAL RECORDS OF ORANGE COUNTY CALIFORNIA. APN: 408-471-17 FirstAmerican Title Page 6 of 15 75N-13 Order Number: O -SA -4443322 Page Number: 7 61 -ale 88.001 Il D 'yj �r 3nN3�b= g lorox ,xr3ai U3NtlVM § � H �a N ltlltLl tl39 ]5 � 0 ems'; A SQ�M Y��Qaa 8 3�v7d �onata.�s Ys8 FlrstAmertcan Title Page 7 of 15 75N-14 ti g4O e m � o o�O m� € 7 N � g O 4 a a$ a e$ as R k h 8 3�v7d �onata.�s Ys8 FlrstAmertcan Title Page 7 of 15 75N-14 ti ATTACHMENT EXHIBIT `A' LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES —AP No. 408-471-17 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA., BEING THE EAST 5.10 FEET OF A PORTION OF PARCEL 6 PER MAP RECORDED IN BOOK 130 OF PARCEL MAPS, PAGES 3 AND 4, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID PARCEL 6; THENCE, ALONG THE SOUTH LINE OF SAID PARCEL, NORTH 88°13'46" WEST, 25.00 FEET TO A LINE, SAID LINE BEING THE WEST LINE OF THE EAST 25.00 FEET OF SAID PARCEL 6, AS DESCRIBED IN THAT INSTRUMENT RECORDED JANUARY 13, 1998 AS INSTRUMENT NUMBER 19980017928, OFFICIAL RECORDS OF SAID COUNTY; THENCE, ALONG SAID WEST LINE NORTH 1046'14" EAST, 37.25 FEET, PER SAID INSTRUMENT, TO THE TRUE POINT OF BEGINNING; THENCE, PER SAID INSTRUMENT, PERPENDICULAR TO SAID WEST LINE SOUTH 88013'46" EAST, 16.10 FEET; THENCE, PER SAID INSTRUMENT, PARALLEL WITH SAID WEST LINE, NORTH 1'46'14" EAST, 50.57 FEET; THENCE, PER SAID INSTRUMENT, PERPENDICULAR. TO SAID WEST LINE NORTH 88013'46" WEST, 16.10 FEET TO SAID WEST LINE; TEENCE, PER SAID INSTRUMENT, ALONG SAID WEST LINE, SOUTH 1'46'14" WEST, 50.57 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING AN AREA OF 258 SQUARE FEET, MORE OR LESS ALL AS SHOWN ON EXHIBIT T', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IF ANY. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON SEPTEMBER23, 2015 ANTHONY C. CUOMO, PLS 6042 75N-15 Anthonyf Cuomo No, 42 o CU Ian1 h nr —0 z 0 o v o I Cl)o �k ¢ o gh o W W Z r W W3W 2� ` z p .. aZh d- 43- oiSylkV �4i oa. j 9 Sado Sl� P a a C �O �'O ('') 'D 1... W d W z W jgm V OOCO0 ZZZZ yds a OJ m s- o>$ J J J J W W It < 6 61=in 2 K< '1SNO3 S 101Slci z 0 J3/�SNS 3-tiT,9V-TON of �o Ea O Lo nW T-1� u� U d� i6a.a TrOz W zwa TW 00'bT b� 00'trT w d o p$p,U —. — 4 a N o N O T -1O OO i Q N Lo U)w N 00 [] N O In J of N N NLi 3 d N m O to Z N 3 0 d' to U d n r O N W W �D ti a o a J e03 ajm� ' com J .ti u 07 4 z Z Ao d < W �z�m O K�Uh r ZwEti X d ,OO 'SST 3„bT,9b-i0N 0 y 75N-16 ATTACHMENT STATEMENT OF JUST COMPENSATION Assessor's Parcel: 408-471-17 Property Owner: AU Zone Santa Ana, LLC, a California limited liability company Property Address: 2120-2130 South Bristol Street Zoning: C-2 (general commercial). Topography: Santa Ana, California Location of Parent West side of Bristol Street, beginning 265± feet north of Warner Avenue, within Property: the corporate limits of the City of Santa Ana. Description of Parent The parent property is presently improved with a shopping center Property: development comprising several buildings of reinforced concrete block and wood fi•arme construction. The center is anchored by a Food 4 Less grocery market. The development was originally constructed in approximately 1980 and renovated throughout the years. Other appurtenant on-site improvements located within the boundaries of the subject parcel include asphalt paving, concrete paving, concrete block walls, concrete curbing, light standards, Date of Value: parking signs, business monument sign, marked automobile panting spaces, inground irrigation system, and ornamental landscaping. The development is situated on a parcel containing 10,451 acres, or 455,2021 square feet of land area. Zoning: C-2 (general commercial). Topography: Effectively level topography. Utilities: In place at site. Highest and Best Use: Highest and best tue is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and frnancially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Commercial development, As improved: Existing use. Date of Value: December 14, 2016 Public Use for Bristol Street Improvement Project Property: Estates to be Fee simple acquisition. Acquired: ]Legal Description: The legal description of the acquisition area was prepared by Johnson -Frank & Associates, Inc. Area to be Acquired: Acquisition area: 258 sq.ft. Total Just $72,400. Compensation: 75N-17 SUMMARY OF THE BASIS FOR JUST COMPENSATION The purpose of the appraisal study is to express an estimate of total just compensation applicable to the proposed partial acquisition of the subject parent property. Just compensation is based on a quantitative measure of market value. Market value is defined in The California Code of Civil Procedure, §1263.320, as: %A) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but sander no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (B) The fair market value of pr'oper'ty taken for which there is no relevant market is its value on the date of valuation as determined by any method of valuation that is just and equitable. " Additionally, Section 1263.330 provides that the fair market value shall not include an increase or decrease in value attributable to the project for which the property is to be acquired. Accordingly, the subject property has been appraised absent any influence of the proposed freeway interchange improvement project. There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach, The Sales Comparison Approach has been employed herein to estimate the value of the subject underlying land parcel which will be utilized in the valuation of the proposed acquisition, The Sales Comparison Approach has been employed herein to estimate the value of the subject underlying land parcel which will be utilized in the valuation of the proposed acquisition, The Income Capitalization Approach have been applied to the relevant portion of the larger parent property for the purpose of facilitating estimation of severance damages relating to the loss of two automobile parking spaces. Certain elements of the Cost -Summation Approach have been employed herein for the purpose of estimating costs associated with reconstructing the outdoor patio seating area. Value of Parent Property Before Acquisition: Sales Comparison Approach, The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the Principle of Substitution which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in making the substitution. " Thus, Ute Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. 75N-18 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Acquisition: (Continued) Sales Comparison Approach: (Continued) The Sales Comparison Approach was utilized to estimate the value of the subject land parcel after an investigation and analysis was conducted of recent sales involving reasonably comparable land parcels within the greater subject market area. Land Value: Following is a summary of those sales considered helpful when estimating the value of the subject land, as if vacant and available for a highest and best use development. C. 3-16 CC 18,225 sf* no ves Street $1,350,000. Data Date Zonula Land Size Alley Corner Frontage Sale Price $ Per SF A. 8-15 C-2 15,000 sf yes yes 250 feet $ 500,000. $33.33 NWC Walnut St. and Orange Ave., Santa Ana $ 870,000. B. 1-16 C-2, R- 34,721 sf no yes 489 feet $1,975,000. $56.88 2 E. 7-16 C-1 11,328 sf no no E/S CITand Ave., btwn. 1 ` St. and 2°d St., Santa Ana 440,000. C. 3-16 CC 18,225 sf* no ves 270 feet $1,350,000. $74.07 NWC South St. and Canmrrita Rd., Cerritos D. 7-16 CG 12,000 sf yes no 100 feet $ 870,000. $72.50 E/S Beach Blvd., 230' N/O Commonwealth Ave,, Buena Park E. 7-16 C-1 11,328 sf no no 96 feet $ 440,000. $38.84 N/S 5"' St., 306' W/O Bristol St., Santa Ana F. 8-16 CG 15,682 sf no yes 250 feet $ 630,500. $40.21 NEC Ball Rd. and Western Ave., Anaheim *Net land area, exclusive of future required sheet dedication. The properties surveyed are located within the general subject vicinity, and represent the most recent comparable land sales available for analysis, The properties range in size from 11,328 to 34,721 square feet of land area. The overall purchase prices range from $440,000 to $1,975,000, reflecting a range of value between $33.33 and $74.07 per square foot of land area. Certain of the land sales data considered extended over a time period back to the third quarter of 2015. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between August, 2015 and August, 2016. Differing market conditions were considered in the analysis of the individual sale properties. 75N-19 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Acquisition: (Continued) Saes Comparlson Approaek: (Continued) Land Value: (Continued) After viewing all of the sale properties, and obtaining certain information pertinent to land value, the appraiser analyzed the various elements of comparability for each sale property (as compared to the subject property) which, among others, include the following: General location. Immediate environmental influences. Zoning. Vehicular and pedestrian access. Vehicular and pedestrian traffic, Land area. Availability of public alley. Overall developability, Site frontage/depth ratio, Site prominence and exposure, Proximity to freeway, Land configuration. A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. The Relative Comparison Analysis is similar to paired data analysis. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in malting the analysis of each property. The general location, vehicular accessibility, overall developable density, site conditions, site prominence/exposure, and land size were considered the most important factors in the subject case. All of the sale transactions employed herein were considered helpful in the land valuation analysis of the subject property. The purchase price per square foot of land area has been utilized herein as the primary indication of value inasmuch as it is most commonly utilized by market participants. The properties have been compared to the subject property with respect to the various elements of comparability. Following is a summary relating the overall comparability of the individual sale properties employed in the subject land value analysis. Continued .. . 75N-20 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Properly, Before Acquisition: (Continued) Sales Comparison Approach. (Continued) Land Value. (Continued) Overall Data Comparabili. $ Per SF A inferior $33.33 E inferior $38.84 F slightly inferior $40.21 Subject - - - - $5.5.00 B similar $56.88 D superior $72.50 C superior $74.07 After considering the various elements of comparability, as well as economic and 'financial conditions prevailing during the consummation of the various sale properties, when compared to current market conditions, it is the appraiser's opinion that the unencumbered fee simple market value of the subject site, as if vacant and available for commercial development, is estimated at $55.00 per square foot of land area. Income Capitalization Approach: As stated, the larger subject parent ownership comprises a relatively large shopping center development situated on over 10 acres of land and anchored by a Food 4 Less grocery market. Inasmuch as the proposed acquisition area impacts a relatively minute land area compared to the larger 10± acre parcel, valuation of the larger parcel has been focused on the three -unit commercial retail building situated adjacent to the acquisition area, It is reasoned that the monetary impact resulting from the acquisition is isolated to said building and the appurtenant automobile parlcing/-landscape areas. The building has been considered and appraised as part of the larger shopping center facility. The Income Capitalization Approach is the primary valuation methodology applicable herein. The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long term vacancy/credit loss and various operating expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. Following is the income and expense schedule considered applicable to the subject property. Continued .. . 75N-21 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Parent Property, Before Acquisition: (Continued) Income Capitalization Approach: (Continued) Subject building: Unit 2130 A: 2,625 SF @ $2,85 = $ 7,481. Unit 2130 B: 1,900 SF @ $2.85 = 5,415, Unit 2130 C: 950 SF @ $2.85 = 2,708. Total gross monthly income: $15,604, Total gross annual income: $15,604 x 12 = $187,248 Vacancy and credit loss (3.0%): - 5,617. Effective gross annual income: $181,631. Annual expenses: $/SF %EGI Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.0% 00. Management (5%): 1.66 5.0% 9,080, Legal and accounting : 0.16 0.5% 850. Maintenance/repairs: 0.46 1.4% 2,500. $2.28 6.9% Total annual expenses: - 12,430. Net annual operating income: $169,201, Capitalization of net income: -- ---- - - - - - - $169,201 capitalized at 5.25% _ $3,222,876. Based on the foregoing analysis, the market value of the fee simple interest in the subject building and appurtenant on-site improvements, as indicated by the Income Capitalization Approach, and as the date of value set forth herein, is estimated at $3,222,876. Value of Part Acquired as Part of Whole, Before Acquisition: In summary, the project as it relates specifically to the parent ownership, involves a fee simple acquisition of 258 feet for the purpose of widening Bristol Street to its ultimate right-of-way width. As previously stated, the Sales Comparison Approach has been employed herein to estimate the underlying land value of the larger parent property. The acquisition area has been considered and analyzed as par( of the larger parent ownership. The fee simple land value applicable to the parent property was estimated at $50.00 per square foot of land area. 75N-22 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Part Acquired as Part of Whole, Before Acquisition: (Continued) As stated, the outdoor patio area appurtenant to the Panda Express tenancy will be displaced by the project. As compensation relating thereto, and as a means of mitigating severance damages, a new outdoor patio seating area will be constructed along the north side of the building. Relocation of the seating area will result in the permanent loss of two on-site automobile parking spaces which is an element of severance damages. Compensation has been included herein for the reworking of on-site improvements along easterly elevation of the "Panda Express" building in order to aesthetically match existing surrounding improvements. The value of the part acquired, considered as part of the whole parent ownership, before acquisition is estimated as follows: Acquisition area: Land: 258 SF @ $55,001 = $14,190. Improvements: 00.2 Total value of partial acquisition (land, improvements): $14,190. Unencumbered fee simple value of underlying land parcel. a Compensation included herein as curable damages, based on the estimated cost -to -cure. Value of Remainder, Before Acquisition: The value of the remaining portion of the subject parent land parcel based on its existing residential use, after acquisition, before consideration of severance damages and project benefits, is estimated as follows: Value of parent property, before acquisition: $3,222,876. Less value of part acquired (land value): -14 19_0. Value of remainder, after acquisition, before consideration of damages and benefits: $3,208,686. Curable Damages: Severance damages are defined in Real Estate Valuation in Litigation, published by The Appraisal Institute, Page 289, as "the diminution of the market value of the remainder area, in the case of a partial taking, which arises (a) by reason of the taking (severance) and/or (b) the construction of the improvement in the manner proposed. " It will be necessary to construct an outdoor seating area comprising 165 square feet, with adjacent landscape buffer containing 650 square feet. Proposed improvements include concrete paving, ornamental 4 -foot high wrought iron fencing, and security lighting. It is also necessary to remove remnant improvements of the former patio area (not within take area) and reconstruct on-site improvements along the new right-of-way to match existing improvements along Bristol Street. Without performing said mitigation measures, the remainder property will be adversely impacted. The value diminution resulting from the potential loss of utility and/or rental income due to the adverse conditions is judged far greater than the estimated cost -to -cure measures. 75N-23 SUMMARY OF THE BASIS FOR NST COMPENSATION (Continued) Curable Damages: (Continued) A compensation allowance has been included herein based on the replacement cost estimates applicable to retrofitting. Said estimates are based on development projects wherein actual costs for a like improvement were available for review. Further, a national cost service has also been consulted as a secondary check. The compensation amount below includes labor/material costs, as well as entrepreneurial profit and indirect costs such as management and supervision. Concrete paving: Reconstruct wrought iron fencing $ 1,127. 37 LF @ $157.50 = 5,828. Landscape area: 650 SF @ $ 6.56 = 4,264. Irrigation system: 650 SF @ $ 1.31 = 852. Rework on-site improvements: 500 SF @ $ 5.25 = 2,625. Total mitigation costs: $14,696. Value of Remainder, Cured, After Acquisition: In the "after" condition, the land area of the parent ownership will be 454,944 square feet. The main buildings and a majority of the on-site improvements will not be physically impacted by the partial acquisition. Other property features such as drainage, present use, configuration, highest and best use, along with overall building condition remain unchanged. The most significant impact to the parent property is relocation of the Panda Express outdoor seating area which, in -turn, results in the permanent loss of two automobile parking spaces adjacent to the three -unit commercial retail building. It is anticipated that a reduction in the monthly rental rates of the three adjacent retail units will be required due to the loss of "premium" automobile parking spaces. Upon completion of the mitigation measures, it is judged that the property will fimction in a generally similar fashion as in the "before" condition, albeit at a lower monthly income stream. Other property features such as drainage, present use, vehicular accessibility, configuration, highest and best use, along with overall building condition remain unchanged. The value of the remaining portion of the subject parent property, as cured, after acquisition, before consideration of permanent severance damages and project benefits, is estimated by application of the Income Capitalization Approach in a similar fashion as in the "before" condition analysis. The Income Capitalization Approach is based on the same leasable building area as employed in the previous "before" analysis. As noted, the development will lose two automobile parking spaces as a result of the street improvement project. It is anticipated that the fair market rental rates will be reduced by approximately 2% (compared to before condition analysis) due to the reduced parking capacity and resultant inconvenience to tenants/patrons. The vacancy/credit loss factor and overall capitalization rate remain unchanged from the "before" condition analysis. 75N-24 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Value of Remainder, Cured, After Acquisition: (Continued) The estimated annual operating expenses total $12,270, which reflects $2.25 per square foot of leasable building area, and approximately 6.9% of the effective gross annual income. Said expense factors reflect ratios generally similar to those employed in the "before" analysis. Following is a summation of the Income Capitalization Approach applicable to the subject parent properly in the "af1'er" condition. .Income Capitalization. Approach. Subject building: Unit 2130 A: 2,625 SF @ $2.80 = $ 7,350. Unit 2130 B: 1,900 SF @ $2.80 = 5,320. Unit 2130 C: 950 SF @ $2.80 = 2,660. Total gross monthly income: $15,330. Total gross annual income: $15,330 x 12 = $183,960 Vacancy and credit loss (3.0%): - 5,519. Effective gross annual income: $178,441. Annual expenses: /SF % EGI Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.00/. 00. Management (5%): 1.63 5.001. 8,920. Legal and accounting: 0.16 0.5% 850. Maintenance/repairs: 0_46 1.40/ 2,500. $2.25 6.9% Total annual expenses: - 12,270. Net annual operating income: $166,171. Capitalization of net income: $166,171 capitalized at 5.25% _ $3,165,162. Permanent Severance Damages: Monetary compensation applicable to permanent severance damages reflects the difference between the value of the remainder as part of the whole and the value of the remainder after acquisition, before consideration of benefits, as follows: 75N-25 SUMMARY OF THE BASIS FOR .JUST COMPENSATION (Continued) Permanent Severance Damages: (Continued) Value of remainder, before acquisition: $3,208,686. Value of remainder, cured, after acquisition: - 3,165,162. Indicated permanent severance damages: $ 43,524. Project Benefits: Qualitative benefits to the general community in the "after" condition include increased roadway capacity and improved circulation resulting in enhanced safety conditions for vehicular and pedestrian traffic. Project benefits, relating specifically to the subject parent property, have not been monetarily quantified. Recapitulation: Based on the foregoing, the total just compensation applicable to the partial acquisition of the subject parent property is estimated as follows: Acquisition area: Land value: Improvements: Total value of partial acquisition (land, imps.): Curable damages: Permanent severance damages: Value of remainder, as part of whole; Value of remainder, after acquisition: Total: Project benefits (none quantified): Net severance damages: Total estimated just compensation: $3,208,686. - 3.165,162. $ 43,524. 11 $14,190. 00. $14,190. 14,696. 43,524. $72,410. Adjusted: $72,400. California Code of Civil Procedure Section 1263.330 requires that the subject parent property be appraised absent any impact (either positive or negative) resulting from the public project, eminent domain proceeding, or other preliminary activities of the acquiring agency. Market research and analysis of such impacts is inconclusive. Valuation of the subject parent property in the "before" condition is based on an extraordinary assumption that there is no impact resulting from the project. An extraordinary assumption is defined in the Dictionary of Real Estate Appraisal, fourth Edition, Page 106-107, published by the Appraisal Institute as "An asssmrplion, directly related to a specific assignment, ii,hich, if found to be false, could alter the appraiser's opinions or conclusions. Extraordinary asstinnptions presume as fact otherivise uncertain information about 75N-26 SUMMARY OF THE BASIS FOR JUST COMPENSATION (Continued) Recapitulation: (Continued) physical, legal, or economic characteristics of the subject property; or about conditions external to the property such as market conditions or trends; or about the integrity of data used in an analysis. " Further, valuation of the remainder parent property in the "after" condition employs a hypothetical condition that the public project has been completed in accordance with the plans and specifications described herein. A hypothetical condition is defined in the The Dictionary of Real Estate Appraisal, 4 I Edition, Page 141, published by The Appraisal Institute, as, "That which is contrary to what exists but is supposedfor the purpose of analysis. Hypothetical conditions assume conditions contrary to known facts about physical, legal, or economic characteristics of the subject property; or about conditions external to the property, such as market conditions or trends; or about the integrity of data arses in an analysis. " In the event conditions relating to the use of extraordinary assumption and the hypothetical condition do not materialize, assignment results set forth herein might be affected. 75N-27 ATTACHMENT SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased urdess you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the full amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with, the laws of the State of California. 75N-28 ATTACHMENT 5 75N-29 Dear Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75N-30 TABLE OF CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? 1 HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? 1 WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE PAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY TS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST 1 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75N-31 WHY IS MY PROPERTY REQUIRED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street, WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of its are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER- ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 75N-32 HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors as appraiser typically considers in estimating the value of real property are: How it compares with similar properties in the area that have been sold recently. How much it would cost to reproduce the building's and other structures, less any depreciation. How much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You mast be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly, Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not irutiato negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged, WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 75N-33 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired, • A list of the improvements covered by the offer, • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value, • The amount of the offer. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263,025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contact with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza M-36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted Rill payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs mast be reasonable and justifiable. MUST I ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You tray bavc an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75N-34 IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? If you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. To the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IFTHE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if. 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit, r During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional tight to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to ajury trial, a judge can determiuejust compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75N-35 court, This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of: Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to 4'ansfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property, Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at tbat time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will he responsible for paying them from the purchase price being paid to you by the Ci ty. MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive, (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of proving it to a new location. 75N-36 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you roust be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property mast be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (I) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments tinder Section 7262 of the Government Code. 75N-37 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill' consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or gnality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be. permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale tinder the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75N-38 Epic Land Soluf on , Inc. 000 2601 Airport Drive, Suite 130 Torrance, CA 90505 Phone: (310) 986-2960 t=ax: (310) 891-3348 CITY OF SANTA ANA TITLE VIt INFORMATION PACKAGE The tiroject proposed by the agency lasted alcove will be receiving federal financial assistanoe. Pursuant to Title VI of the Civil Rights Act of 1,964, no person in the United States shall, on the grounds of race, calor, or national otr'gm, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal, financial assistance, Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents: T tlo VI Booklet Title VI of to 1464 Civil Iligbta Act and Related Statutes Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope Right of Way Title VI Disorfinination ComplaintForn The LI,S. Department of Commerce Census Bureau, Language Identification Flasbeard' 11:18 requested the Right of Way Title VI Survey form be completed and returned in the self addressed stamped envelope. If you read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box. on the Language Sdentilicatfon Flasheard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and retro- to the following: .Eason Gabriel Principle Civil Engiucer City of Santa Ana 20 Civic Center Plaza M36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLand.corn 75N-39 z �n CJ w > s r n }. iii ro r w O u C "rJ i T s O - cu J Wo N V - &d W ea o� z c e` M -- — m NJ :c .� 0 o N f w o s � a c 0 u W C �j U U` N f.', rVae U M U d 'm _ m p.C) o m :0YwM wH Z4 :Emi.. M > L NE �. F b M 4 M UQ N ro�� rvq ¢¢can C u h N %m mry VarpU uuvUN 'u �vh uuiN UufyO u l�ry ,r bb O 7 w. 4� c N u O tom. N �7y rti Vi0 o.ti o Omg o 0 °� o ®T"'i in p N Fnm Ov °a% isOP2u 0.0O�3 wo a. O 75N-40 75N-41 =W �v .i� 4 •' :�. a h �4 s a v b '= ,3 _b c .Z C N O O cCq 0 75N-41 =W �v .i� 4 •' :�. a h �4 s a b U _b c .Z a. r4 L 75N-41 =W �v a h �4 s _b bp a ww TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 of 2 NONDISCRIMINATION STATUTES • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S,C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of dte U,S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid Highway Act, 23 U,S.C, 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assis twice under this Title or carred on tinder this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF TIIE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, P.L. 101-2.46, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacement ... (to maintain) ... the economic and social well-being of comrirunities; and ... to establish a lead agency and allow for State certification and implementation" (UPDATED TIIE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75N-42 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page2of2 The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation hi,'be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment corder color of State law." . Title VIII of the 1968.Civil Rights Act, 42 U.S.C. 3601, provides that: "(I) It shall be unlawful... to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING -- HUD is the prhnary interest agency, but FEWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) . The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. . Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Pahlication No. PIIWA-I-ICR-06-006 75N-43 TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the federal Privacy Act (PL. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will he made unless permissible under Article 6, Section 1793,24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: _ Under 40 ^ 41-65 —Over 65 Race/Ethnicity: _. White _ American Tribe Black Pacific Islander _Hispanic _ Other Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering any physical disability or medical condition? Yes —No Are you a low-income family? _ Yes —No Enclosure 75N-44 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Putauaut to Ins Fedeml Pdvacy Act P.L. 93-579) and the Information Purchase Act of 1977 (Civil Cade Socllons 1799 , at aogJ, nonce Is hereby given far the request of personal inrormalfon by this form. The requested pamonal harmanon Is m u ttery. The pdooli al purpose of the voluntary Information is to portals the processing of this fans. The (allure In provide all or any part of the requested information may delay processing of this forth. No dlsolosure of p,.are Infomation will be made unless permissible under Adicls 6, Section 1790.24 or the IPA of 1977. Each Individual has the right upon request and proper Identi talion, be Inspect all personal Warranties In any record niaintainedenth indrvdualby,anidenti in articular. Cheer any in airies on lnlormatten maintenance, to your IPA On Dist Nam: of Complainant Co Rte BASIS Or DISCRIMINATION Post ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Liability ❑ Lmv-meront ❑ Noll -English Speaker Provide date(s) and place of alleged dcauhninatinn Describe the nature ofthe action, decision, or conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Knows) responsible for the action, decision or condition of alleged discrimination Provide supporting information known to co nplainont in support of his/her allegation Identify possible witnesses whom the complainant believes can provide factual information about this allegation Slate the action requested by complainant 75N-45 T� IM: -:ft -:ft %7R-(ffl °Rum -I 7TF17 Zl ff� -4M Win M7- f. ® clyit3tssl�l���jcsxsssso s���si11a f��9SPltilfi1�51 tis ti Motka t kabhon ya yaugin fintAngnW many tai pat flntAngnu' kumeiitos Chamorro. Oma6ite'oval kvadrati6 ako 61tate ili govorite hrvatski jezik. LJ Zaskkrtnete into kolonku, pokad Mete a hovoYfte 6esky. Xruis dit vakje aan als a Nederlands kuntlezen of spreken. Mark this box if you read or speak English. 75N-46 1. Arabic 2.. Armenian 4. Cambodian 5. Chamorro 6. Simplified Chinese ZTraditional Chinese 8.Croatian 9, Czech 10, Dutch 11, English 12. Fars DB -3309 75N-47 U,S, DEYABIMMI OF UUMMtHUt Eaanomloa antl 6lalltlloa Atlminlq,nlmn U.S. CENSUS SUNEAU 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22. Japanese 23, Korean 24. Laotian 25. Polish Cocher ici si vous lisez ou parlez le frangais. Kreuzen Sie dieses Kistchen an, wenn Sie Deutsch lesen oder sprechen. Er)peuboTE auto ro nXaiato av &apd(ere r) pt)<are EXXgvnca. Make kazye sa a si ou Ii oswa ou pale kreyol ayisyen. ® 3PTC 3TTsf r c off m: w-F�r f M .v qw q ft MITO I ® Kos lub voj no yog koj paub twm thiab hais lus Hmoob. ® Jelolje meg ezt a kock6t, ha megdrd vagy besz€li a magyar nyelvet. ® Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. Marchi questa casella se legge o parla italiano. [3�oo*LTa�lvt"t). �tf�al�ol��`I�EI]*�T�17"Z<��L\o ' n T °j. 0 ,A 01}°��J.� ® 2m"w7u2�2e�� tjouioue�ua�d�nw�a�a�o. Plosimy o zaznaczenie tego kwadratu, jeieli posluguje sig Pan/Pani jgzykiem polskim. DB -3309 75N-47 U,S, DEYABIMMI OF UUMMtHUt Eaanomloa antl 6lalltlloa Atlminlq,nlmn U.S. CENSUS SUNEAU 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22. Japanese 23, Korean 24. Laotian 25. Polish ❑ Assinale este quadrado se voc6 lg ou fala portugues. ❑ 9nsenmali aceasta casula data cltili sau vorbili romane¢te. LomeTbTe aTOT xeagpaTttx, ecru sbt MMeTe taitn roaopnTe no-pyccKn. El 06enex xre ouaj xnagparxYa yxonxxo Yurare xnx roeopxre cpncxx jeaxK. Oznacte tento sstvorcek, ak viete Utaealebo hovorit'po slovensky. ❑ Marque esta casilla si lee o habla espanol. ❑ Markahan itong kuwadrado kung kayo ay marunong rnagbasa o magsal'ite ng Tagalog. EJ I9unnt inauuauaa9urooa nrnutnuntalyFlnnralnu. ® Maaka'i he puha ni kapau 'oku ke lau pe lea fakatonga. ❑ liljjMlT6Te I{K) KJIITHHKy, AKII{O nn YNT3ETe a60 rOSOPNTe yxpalHCbROKI MOBO[o. ❑ Xin clank dan vao & nzy neu Any vi biet clot va not Hndc Viet NgiY. ❑ .vJ�'t>M uTY� lY1M u1Y»7 �+x s>tM 7vvyp aY� un»yHo n113309 U.S. D9FARTMENT OF COMMERCE Economics .ne statistic. Aemin faimdon 75N-48 U.S. CENSUS BUREAU 26. Portuguese 27. Romanian 28, Russian 29, Serbian 30, Slovak 31. Spanish 32. Tagalog 33.Thai 34,Tongan 35. Ukranian 36, Urdu 37. Vietnamese 38.Yiddish Form W-9 Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification requester. Do net Department of the Treasury send to the IRS. Internal Revenue 8aNlce 1 Name (as shown on your Income tax return). Name is required on frits line; do not leave this line blank. 2 Business name/disregarded entity name, if different korn above N m of n e 3 Check appropriate box for federal tax classification; check only one of the following seven boxes; 4 Exemptions (codes apply only to cousin entitles, not Individuals; sea ° ❑Individual/sole proprietor or ❑ C Corporation L]5 Corporation [I Partnership Ttnst/estote Instructions on page 3): s, o ti single -member LLC Limited liability Company. Enter the tax classification fC=C corporation, 3=9 corporation, P= artnershlp) P Exempt payee code Of any) `o Note. For a single-m er LLC hthat is disregarded, do not check ULC; check the appropriate box in the line above for Exemption from FATCA reporting � f the tax clas.lticatlon oof the single -member owner. code (If any) ic G ❑ Char is.. Instructions) P (A,ls.bo .vua telmalned aW!ae the us) o lE 5 Address (number, street, and apt. or suite no.) Requester's name and address (optional) q (p ) U N B W m 6 City, state, and ZIP code v m 7 List account numbers) here (optional) utl Taxpayer Identification Number (TIN) Enteryour TIN In the appropriate box. The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding. For individuals, this is generally your social security number (Sae. However, fora m T resident alien, Bele proprietor, or disregarded entity, sea the part I Instructions on page 3. For other entitles, it is your employer Identification number (EIN). If you do not have a number, see Now to Beta TIN on page 3. of Note. if the account is In mom than one name, see the Instructions for line 1 and the chart on page 4 for I Employee Identification number guidelines on whose number to enter. F—T-1 F—F—T—F-F-F-F—I Under penalties of perjury, I certify that: 1. The number shown on this farm is my correct taxpayer identification number (or I am waiting for a number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S, citimn or other U.S. person (defined below); and 4. The FATCA. code(s) entered on this form (if any) Indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not rsquired to sign the certification, but you must provide your correct TIN. See the instructions an page 3. Sign Signature of Here I U.S. person Date t" General instructions Section references are 1. the Internal Revenue Cade unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release Il) Is at www.hs gov/fw9. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number (ITIN), adoption taxpayer ldentificatlon number (ATIN), or employer Identification number(EIN), to report on an Information return the amount paid to you, or otherafaDme reportable on an information return. Examples of Information returns Include, but are not limited to, thefollowing: • Form 1099 -INT (Interest earned or paid) • Form io99-DN (dividends, including those from stocks or mutual funds) • Form im l-MISC (varloustypos of Income, prizes, awards, or gross proceeds) • Form 11 (.fork or mutual fund sales and certain other transactions by brokers) • Form 1099-3 (proceeds from real estate transactions) • Form 'I099 -K (merchant card and third party nate ork tmnsactlons) • Form 1098 (home mortgage interest), 1098-E (student loan In forest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-0 only If you are a U.S, person (Including a resident alien), to provide your correct TON. If you do not relurn Form W-9 to the requester with a TIN, you might be sub/act to backup withholding. See What Is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a US. person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effeollvaly connected Income, and 4, Certify that FATCA equals) entered on this form (If any) Indicating that you are exempt from the FATCA reporting, is correct. See What is FATCA reporting? on page 2 for further information. Cat. No. 1023ix 75N-49 Form W-9 (Rev. 12-2014) Farm W-9 (Ras. 12-2014) Note. If you are a U.S. person and a requester gives you a form other than Form W-8 to request your TIN, you must use the requester's form If It is substantially similar to this Farm W-9, Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are; • An Individual who is a U.S, citizen or U.S. resident ellen; • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United Stales; • An estate (other than a forelgn estate); or • A domestic trust (as datlned In Regulations section 301.7101-7). Spacial rules for perinereh(ps. Partnerships that conduct a trade or business in the United State. are generally required 10 pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business. Further, in certain cases where a Form W-9 has not been received, the rules under section 1446 require a partnership to presume that a padnelis a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S, person that Is a partner in a partnershtp conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding en your share of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting atrade or business In the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the granter trust and not the trust; and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person, If you are aforeign person or the U.S. branch o1 a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-3 or Form 0233 (sea publication 5151 Withholding of Tax on Nonresident Aliens and Foreign Entitles). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of Income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types Of Income even after the payee has otherwise became a U.S, resident alien for tax, purposes. If you are a U.S. resident alien who Is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S, lax on certain types of Income, you most attach a statement to Form W-9 that specifies the following five Items: L The treaty country. Generally, this must be the same treaty under which you 'clowned exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) In the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of income that qualifies for the exemption farm tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. At dole 20 of the U.S.-China Income tax treaty allows an exemption from tax far scholarship income received by a Chinese student temporarily present In the United States. Under U.S. law, this student will become a resident alien for tax purposes If his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S: Ghina treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United Steles. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and Is relying an this exception to claim an exemption from tax on his or bar scholarship or fellowship Income would attach to Form W-9 a statement that Includes the Information described above to support that exemption. If you are a nonresident alien ora foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What In backup withholding? Persons making certain payments to you must under certain conditions withheld and pay to the IRS 28% at such payments. This Is called "backup withholding." Payments that may be subject to backup withholding Include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and cerialn payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding rh 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (sec the Part II instructions on page 3 for details), Pago 2 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable Interest and dividends only), or S. You do not certify to the requester that you are not subject W backup withholding under above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Farm W-9 for more Information. Also see Special rules forpartnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a particlpating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See EXanifyi from FATCA Micart(ng code on page 3 and the Instructlons forthe Requester of Form W-9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this parson. For example, you may need to provide updated Information If you are a C corporation that elects to be an S corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W-9 If the name or TIN changes for the account; for example, If the grantor Of a grantor trust dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable bads that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines evictor Impdaemment Misuse of TINs. If the requester discloses cruses TINS In violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the fallowing an this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-0 Is for a joint account, list first, and then circle, the name of the person or entity whose number you entered In Pad I of Form W-9. a. Individual, Generally, enter the name shown on your tax return. if you have changed your last name without Informing the Social Security Administmtlon (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note, ITIN applicant: Enter your individual name as It was entered on your Form W-7 application, line 1a. This should also be the same as the name you entered on the Form 1040/1040A/l040 EZ you filed with your application. b. Sole proprietor or single -member LLC. Enter your individual name as shown on your 1040/1040A71040EZ on line 1. You may enter your business, trade, or"doing business as" (CDA) name on line 2. a Partnership, LLC that to not a single -member LLC, C Corporation, or S Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or USA name online 2. d. Other entities. Enter your name as shown on required U.S. federal tax documents an line 1, This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or CRA name on line 2, e, Disregarded entity. For U.S. federal tax purposes, an entity that Is disregarded as an entity separate from Its owner is treated ss a "di.regorded entity." Sea Regulations section 301.7701-2(cj(2)(iiq. Enter the owner's name on line 1. The name of the entity entered on lime 1 should never be a disregarded entity. The name on line'I should be the name shown on the Income tax return on which the Income should be reported. For example, If a foreign LLC that Is treated as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.S. owner's name Is required to be provided on line 1. If the client owner of the entity Is also a disregarded entity, enter the first owner that is not disappointed for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the Owner of the disregarded entliy Is a forelgn person, the owner most complete an appropriate Farm W-8 Instead of a Form W-9. This is the case even if the foreign person has a U.S. TIN. 75N-50 Form W-9 (Rev. 12-2014) Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter it an line 2. Line 8 Check the appropriate box In line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Chock only one box In 11 n 3. Limited Liablllty Com pang fLLC). If the name on line 1 Is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. It the LLC has filed Form 8832 or 2553 to be taxed as a corporation, check the "Limited Liablllty, Company" box and in the space provided enter "G" for C corporation or "S" for S corporation. If it Is a aingle-member LLC that is a disregarded entity, do not check the "Limited Uablllly, Company" box; instead check the first box in line 3 "Individual/sato proprietor or single -member LLC." Lino 4, Exemptions If you are exempt from backup withholding and/or FATCA reparling, enter in the appropriate space In line 4 any codes) that may apply to you. Exempt payee code. • Generally, Individuals (including sale proprietors) era not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain payments, including Interest and dividends. • Corporations are not exempt from backup withholding for payments made In settlement of payment card or third party network transactions, • Corporatlons are hot exempt from broths withholding with respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Farm 1099-MISG. The following codes identify payees that are exempt from backup withholding. Enter the appropriate cede in the space In line 4. 1—An organliation exempt from tax under section tight (a), any IRA, or a custodial account under section 403lb)(7) If the account satisfies the requirements of section 401(f)(2) 2—The United Slates or any of Its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or instrumentalities 5—A corporation e—A dealer In securities or commodities required to mglster in the United States, the District of Columbia, ora U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission e—A real estate Investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1640 10—A common trust fund operated by a hank under section 584(a) 11—A finmCka institution 12—A middleman known in the IltVeddeent community as a nominee or custodian 13—A trust exempt from tax under section 664 or described In section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is far... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Brefow ransarld.ns Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees i through patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,000' 1 through 5' Payments made In settlement of Exempt payees l through payment card or third party network transactions I Sae Form loo9-MISG, Miscellateaus Income, and Its Instructions. 'However, filo fallowing payments made to a corporation and reportable on Form 1099-MISG are net exempt from Lookup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 60458, and payments forsetvicaa paid by a federal executive agency. Exemption from FATCA reporting code. The fallowing codes identify payees that are exempt from reporting under FATCA. These codes apply to persons remelting this form for accounts maintained outside of the United States by certain foreign financial Ihatita tlorm Therefore, If you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this farm If you are uncertain if the financial Institution is subject to these requirements. A requester may indicate that a code Is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any Individual retirement plan as donned in section 7701(a)(37) B—Th. United States or any of its agencies or Instrumentalities C—A state, the, District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which is regularly If deed on one or more established securities markets, as dawallbod In Regulations section 1.1472-1(c)(1)(I) E—A corporation that Is a member of the same expanded affiliated group as a corporation described in Regulations section 1.14724(c)(1)(i) F—A dealer in securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate Investment trust H—A regulated Investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I --A common trust fund as defined in section 584(a) J—A bank es defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4947(a)(1) M—A tax exempt If under a section 403(b) plan or section 467(g) plan Note. You may wish to consult with the fihardal Institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your Information returns. Line 6 Enter your city, state, and ZIP code. Part 1. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS Individual taxpayer Identification number (ITIN), Enter It in the social security number box. If you do not have an ITIN, sae How to get a TIN below. If you are a sole propi later and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single-membetLLC that is disregarded as an entity separate from Its owner (see Llmffed Liability Company (LLC) on this page), enter the owner's SSN (or EIN, If the owner has one). Do not enter the disregarded entity's EIN. If the LLG is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinatime. Haw to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local SSA office or get this form online at wwwssa.gov, You may also get this term by calling 1-600-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply tot an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS wehshe at www.lrs.gowbus/nesses and clicking on Employer Identification Number (EIN) Under Starting a Business. You can gat Forms W-7 and SS -4 from the IRS by Vlahing IRS.gov or by calling 1 -800 -TAX -FORM (1-800-829-3676), If you are asked to complete Form W-9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and data the from, and give It to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject to backup withholding on payments, The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applled For" means that you have already applied for aTIN or that you Intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign ownermust use the appropriate Farm W-8. 75N-51 Form W-9 (Rev. 12-2014) Page 4 Part U. Certification To establish to the withholding agent that you are a U.S. person, or resident ailen, sign Form W-9. You may he requested to sign by the withholding agent even if Items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN Is shown In Part I should sign (when required). In the case of a disregarded entity, the person Identified on line 1 must sign. Exempt payees, see Seempf payee code earlier. Signature requirements. Complete the certification as indicated in Items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the celtlfication. 2, Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered Inactive during 9983. You must sign the cedlriealion or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must erose out Item 2 In the petrification before signing the form. 3. Real estate transaction.. You must sign the certification. You may crass out Item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN. "Other payments' include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made In settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and grace proceeds paid to attorneys (including payments to corporations). S. Mortgage interest paid by you, acquielfor or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 629), IRA, Coverall ESA, Archer MSA or NSA contributions or distributions, and pension distributions, You must give your correct TIN, but you do not have to sign the certification. What Name and Number To Give the Requester For this type of aoceunl: Give name and SSN of: 1. Individual The individual 2. Two or more individuals (joint Th. actual owner of the account or, account) it combined funds, the first Individual on the account' 3. Custodian account of a minor The miner' (Uniform Gift to Minors Act) 4. R. The usual revocable savings The gmnfor-truslae' imat (grantor Is also trusted) Is. So-called trust account that is The actual owner' not a legal or valid trust under elate law 5. Sole pmpdamrahip or dleregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grardor' Form 1099 Filing Method 1 (see Regulations section 1,671-4(b)(2)(1) (Al) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner Individual 8. A valid trust, estate, or pension trust Legal entity' 9. Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organization 11. Partnership or mulfl-member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method crthe Optional Form 1099 Filing Method 2 (see Regulations section 1.671-4(b)(2)(i) IN ' List Bml and oleate the name of the parson whose number you furnish. reply one parsonon a ].lot account hes an SSN, that person's number net be furnished. °Chale the mtnm's name and furnish the minor's SSN. 'You must ehaw your Individual name and you may also entaryour business or OBAname on the "Business n univdisregarded entity" name tine. You may use.Itmuy..r SSN cr EIN Of you have ene),but the IRS enceuragos you to use your BSN. ' Llan fest and elude the name of the trust, estate, or pension trust. (Go not furnish the TIN of the pemonal representative or trustee unless the legal entity Itself Is not deralpnated In the account title.) Also see Special vies for podnorshlre on page 2. 'Note. Grantor also must provide a Form W-9 to trustee of must. Note. If no name Is circled when more than one name ie listed, the number will be considered to be that of the first name listed, Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, SSN, or other Identifying information, with ut your permission, to commll fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund, To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax proposer, If your tax records are affected by Identity theft and you receive 3 notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form '14039. For more Information, see Publication 4535, Identity Thelt Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -true case Intake line at 1-877-777-4778 or TTY/7DD 1-800-829-4059. Protect yourself from suspicious emalls or Clutching schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emalls and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to seam the user into surrendering private Information that will be used for Identity theft. The IRS does not initiate contacts with immayers via emalls, Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an uncoliclled email claiming to be from the IRS, forward this message to phishing®im.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 1-800-366-4484. You can forward suspicious emalls to the Federal Trude Commission at: spareQucegov or contact them at www. efc.9ov/ldtheR or 1-877-IDTR EFT (1-B77-438-4338). Visit IRS.gov to learn more about Identify theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires youto provideyour correct TIN to persons (including federal agencies) who are required to file Inimmu en returns with the IRS to report interest, dividends, or certain other Income paid to you; mortgage Interest you paid; the aequlsitlon or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, of RSA. The person collecting this form uses the Information on the for to file Information returns with the IRS, reporting the above Information. Routine uses of this Information Include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and US commonwealths and possessions for use in administering their laws. The Information also may be disclosed to other countries under closely, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and imalligence agencies to combat terrorism. You must provide your TIN whether or not you are required to fife a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent Information. 75N-52 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2120-2130 S. BRISTOL STREET (APN 408-471-17) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75N-53 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. A portion of the real property located at 2120-2130 S. Bristol Street (APN 408-471-17) in the City of Santa Ana, California consisting of approximately 258 square foot of property to be acquired in fee title as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75N-54 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney kl By. J n M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75N-55 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75N-56 6/20/17 EXHIBIT A LEGAL DESCRIPTION Real Pt'o9etty W the City of Semta Ana, CPUUty of Ola"Be, Slate of C'jRP''llla, AescribeU as UUW9: PARCEL A: PARCEL 1, AS SI -IOW N ON EXFI IBIT "B" Al'FACI IED TO LOT LINE ADJUSTMENT LL 79-9 RECORDED NOVEMBER 21, 1999 IN BOOK 1341113, PAGE 576 OF 01 -FICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, PARCEL B: PARCELS 3 AND 8, AS SHOWN ON A MAP FILED IN BOOK 130, PAGES 3 AND 4 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. PARCEL C: PARCELS 1, 2 AND 3, AS SHOWN ON EXHIBIT'S" ATTACI iCO TO LOT LINE. ADJUSTMENT 1.1,97- 1E (97-OL6) RECORDED JANUARY 23, 1998 AS INSTRUMENT NO. 19980037939 OF OFFICIAL RECORDS OF ORANGE COUNT' CALIFORNIA. APN: 400-471-17 Resolution No. 2017 -XXX Page 5 of 6 75N-57 EXHIBIT B o N01'46' 14" E 155, DO' 0o z JyJr(7C O z 'f V d uZl z O "o s&I z z L Q� z P W OZ Q1 O i W mm e.e i 61 A o g U Z co 01 z ro o my I s N 0 7� UI O A N O U n I N Ln wUI N° L4 _1 _ L-3 -1IL4,,..� L3 y" 14.001, L4` $ 14.00' `J s ZOO •� �ay CI I LS m,�iW (7 cn I LS --- I o Q y� o I I o P w ._C_..._ . I ___ L 1 1 NOl°46'14"E SURVEY --JJ Z .BRISTI7L ST & CONST. -" nro vow m :E�o awnri� •d r �ay ZZZz O�WOQ mzm aaq — mwmm 0�s or a'y ntidAry �Si mm� mem 17 mm ytl rm (� cogQz cn.-wcn O U,1I(A 4 0Dy14 5 UINO Resolution No. 2017 -XXX Page 6 of 6 75N-58 CORRESPONDENCE 75N-59 75N-60 Lanza &Smith 1017 JUPJ 15 1,M 11: 17 A PROFESSIONAL LAW CORPORATION CITY OF SANTA ANA 3 PARK PLAZA, SUITE 1650 IRVINE, CALIFORNIA 92614-8540 CLERK OF C(?URICII, TELEPHONE: (949) 221-0490 FACSUvaLE: (949) 221-0027 June 15, 2017 Via Facsimile & US Mail: 714-647-6956 Clerk of the Council City Hall, City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana CA 92702 Re: Bristol Street Improvement Project 2120-2130 S. Bristol St., Santa Ana CA 92704 AUZone Santa Ana, LLC I APN 408-471-17 Dear Clerk of the Council: As per our notice provided in 2016, this this law firm represents AU Zone Santa Ana, LLC, with regard to the efforts by the City of Santa Ana initiated in or about April 2016 to acquire the above referenced parcel of land, roughly 258 square feet. Based on notification dated June 1, 2017, we understand that the City Council hearing regarding the adoption of a resolution of necessity to acquire the parcel by eminent domain is scheduled at 5:45 pm on June 20, 2017. As you are likely aware, AU Zone has been working with, and continues to work with, your consultants to reach an amicable solution. We are close to a resolution, and in fact expect that a confirming agreement will be drafted by legal counsel for the City shortly — Scott Ditfurth. There are related issues being addressed, such as the Panda Express restaurant (patio and parking), older pylon signs for some commercial tenants, including Aaron's and Goodwill, which are at least in part in effect through grandfathered provisions, and a dedication of certain land at the parcel. This letter shall serve as our objection to the proposed resolution of necessity and any potential eminent domain proceedings: Notably, our assessment is that the proposed taking is not appropriate because 1) the public interest and necessity to not require the project; 2) the project is not planned or located in the manner that will be most compatible with the greatest public good and the least private injury; 3) the subject project is not necessary for the project; and/or 4) an appropriate offer with supporting. data has not been provided to the owner. Please advise whether it is necessary to object in person on June 20, or whether you deem this written notice sufficient to preserve all objections. XAD\231-01\Co=ponden=\Santa Ana City —June 15, 2017 76N a61 City of Santa Ana June 15, 2017 Page 2 Despite this objection, we look forward to continued efforts in working with you and your consultants in hopes of avoiding an eminent domain lawsuit. Feel free to call anytime. Very truly yours, & SMITH cc: Susan Loh, Esq., Lanza & Smith, PLC Scott Ditfiuth, Esq. Best, Best & Krieger, LLP 3390 University Av., 56' floor Riverside, CA 92501 Luca Giovanardi Leasing & Development NewMark Merrill Companies 5850 Canoga Avenue, Suite 650 Woodland Hills, CA 91367 XAD1231-0I\Cort pondence\Santa Ma City -- June 15, 2017 7W-162 2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 1241 WEST SAINT ANNE PLACE (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1$' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the partial condemnation of the real property located at 1241 West Saint Anne Place (APN 015-215-10) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2017, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, partial acquisition of the parcel at 1241 West Saint Anne Place is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 14 months. A good faith offer was made on January 30, 2017, in the amount of $16,500 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 750-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 1241 W. Saint Anne Place June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $16,500 are appropriated in the Bristol Street Improvements Project (No. 116741), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. WedMousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 750-2 MATCHLINE SEE BELOW RIGHT I I I i I I I A08.37p17 I I ST GERTRUDE PL ._.r... -'--T- I 1408471411 I I 408-471-17 ' I I I V .L� I � 4D8 -471 -Up I WARNER AVENUE 4Ss1mlZIml ..51A.IM PPOPrRT,, - rULL 6CCl11G1r 1011 --OUTP.ED egiwEarn E, I I I I I _.. LL ---L ST ANDREW PL I I I I I I � CAR PL ..T --- ._ I I Y Fr, II .. � . �... GLENWOOD PL --T--T""T'"-T✓- �I CAMDEN PL -7 ..T-7 ori1 r --i- ---- ---� —3T ANNE PL J --- ..r._r..r.. 1 I I . •-rrr M m EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC CITY COUNCILINTEREST AND NECESSITY F1- ` AGENDA DATE: FOR THE ACQUISITION OF REAL June 2Q, 2017 PROPERTY AT 1241 WEST SAINT ANNE PLACE r'uA�m wane ncewcr (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 1G: and 3, 2C1 750-3 PAGE 1 OF 1 W ona W U16d9A-23 ��' Co —J 015-194.20, inLVLJ J �/ }J15.194-28'.. _..� k. '0164 k430• WARNER AVENUE 4Ss1mlZIml ..51A.IM PPOPrRT,, - rULL 6CCl11G1r 1011 --OUTP.ED egiwEarn E, I I I I I _.. LL ---L ST ANDREW PL I I I I I I � CAR PL ..T --- ._ I I Y Fr, II .. � . �... GLENWOOD PL --T--T""T'"-T✓- �I CAMDEN PL -7 ..T-7 ori1 r --i- ---- ---� —3T ANNE PL J --- ..r._r..r.. 1 I I . •-rrr M m EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC CITY COUNCILINTEREST AND NECESSITY F1- ` AGENDA DATE: FOR THE ACQUISITION OF REAL June 2Q, 2017 PROPERTY AT 1241 WEST SAINT ANNE PLACE r'uA�m wane ncewcr (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 1G: and 3, 2C1 750-3 PAGE 1 OF 1 City of Santa Ana Bristol Street Improvements, -Warner Avenue to Saint Andrew Place Parcel File No, 016.215-10 Owner of Record: Joel Cortes Cruz, a single mart Additional Owner(s) of Record; NLA Property Address:. 1241 Saint Anne Place, Santa Ana, CA -92707 This is to acknowledge receipt of the offer package containing the following items; Offer letter dated January 39, 2017 which includes: • Preliminary Report Issued by Title Company (Attachment 1) • Property Legal Description & Plat Map (Attachment 2) • Statement of Just Compensation (Attachment 3) • Summary Explanation Statement (Attach merit 4) • City of Santa Ana Handbook on Acquisition (Attachment 5) • Your Rights Under TitleVI (Attachment 6) • W-9 Form (Attachment 7) Please return the SIG(VEl7 Receipt of Offer Package in the envelope enclosed. Joel Cortes Cruz, An Individual EXHIBIT 2 750-4 Date January 30, 2017 Joel Cortes Cruz 1241 Saint Anne Place Santa Ana, CA 92707 CITY OF SANTA ANA 2; &io:center Plaza * F.O. Box -1988 Santa Ana, California 92702 714-647.5013 Www;santag ,;,QLc1.. SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY RIGHTS AT: 1241 SAINT ANNE PLACE, SANTA ANA, CA 92707 APN-,015-215-10 Dear Property Owners, This Offer supersedes all previous Offers to Acquire. ACTING CITY MANAGER Gerardo: Mouet CITYATTORNEY 'Sonia R. Camino CLERK OF THE COUNCIL Marla M Huiaar. Via Certified Mail The City of Santa Ana ("City") is proceeding with its plans to construct Phase 4 of the Bristol Street Improvements Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists Joel Cortes Cruz, a single man to be the vested owner of the above-mentioned property as shown in Attachment 1, The City seeks to acquire a portion of your property, and a Temporary Construction Easement ("TCE") totaling 650 square feet In size on the property located at the above-mentioned address, which consists of the underlying real property as described and delineated in Attachment 2. The areas to be acquired are referred to herein as the "Property Interests", No final determination has been made as to the ownership of the above-mentioned property, This offer is contingent upon presentation of conclusive evidence of title. If rnore than one person has an Interest In the property that the City Is seeking to acquire an interest therin, all parties with such Interest must accept this offer. As you know, the City had your property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers to purchase the Property Interests for $16,500.00 The basis for this offer is explained more thoroughly in the attachments to this letter that are made a part of this offer by reference, This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopttng a Resolution of Necessity, or both. 750-5 1241 Saint Anne Place January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property Interests, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the property through its power of eminent domain or abandon its intention to acquire the Property Interests, giving proper notice to you In either event. The City has made no decision to exercise its power of eminent domain to acquire the Property Interests and can only do so after it holds a hearing, at which all affected property owners have had an opportunity to appear and be heard. The Purchase Price is the total amount established by the appraisal as the fair market value of the Property Interests and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3, The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property Interests will be provided to you for your review and approval. It is the desire of the City to acquire private property interests through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire the Property Interests. 750-6 1241 Saint Anne Place January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Jesse Ortiz from Epic Land Solutions, Inc. at (310) 626-4843. Sincerely, 'T Jason Gabriel, Principal Civil Engineer Cc: Efrain Partida, Deputy Public Administrator 750-7 CLIA Preliminary Report Forth (Rev, 11/06) �y�I�'/.1•w Customer Reference: ATTACHMENT Order Number O -SA -4445765 Page Number., 1 Updated First American Title Company 4 First America n Way Santa Ana, CA 92707 Order Number: O -SA -4445765 (bdaa) Title Officer; Bob Davles / Ashley Aeger ter Phone (714)250-3094 fax No.: (714)913-6388 E -Mail: octitle2@6rstam.c{ m Property; 1241 Saint Anne, Place Santa Ana, CA fn an Nceptlon below or not excluded from coverage pursuant to Is prepared 01, Interest t Please read the exceptions shown or referred to below and theexceptionsandexclusions set faith In 6xblbr A of this It is important to note that this prelmahimy raportis nota written representation as to the condition of title and may not list all hens, defects, and encumbrances affoctlag title to the land:. Yhls report (and any supplements oramendmentshereto) is issued solely for the purpose of radllFating the Issuance of akoicy or hap Insurance and no liability Is assumed barony, if It Is 1011 ed that liability ge:assum€d prior to the issuance of a polity of title insurance; a rfrstAmarlcan Title Page 1 of 13 750-8 order Number: O -SA -4445965 Page Number: 2 Dated as of August 26, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: JOEL CORTES CRUZ, A SINGLE MAN The estate or Interest In the land hereinafter described or referred to covered by this Report is: A fee. The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage In addition to the printed Exceptions and Exclusions In said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. Covenants, conditions, restrictions and easements in the document recorded in Book 1961, Page 322 of Official Records, which provide that a violation thereof shall not defeat or render Invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of Income (as defined in California Government Code § 12955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. 4. An easement for either or both pole lines, conduits and incidental purposes, recorded March 15, 1950 in Book 1985, Page 447 of Official Records. In Favor of: Southern California Edison Company Affects: As described therein 5. An easement shown or dedicated on the Map as referred to in the legal description For: Public utilities and incidental purposes. First American Title Page 2 of 13 750-9 Order Number: o -SA -4445765 Page Number: 3 6. An easement for either or both pole lines, conduits and incidental purposes, recorded April 25, 1950 in Book 2003, Page 475 of Official Records. In Favor of: Pacific Telephone and Telegraph Company Affects: As described therein An easement for either or both pole lines, conduits and Incidental purposes, recorded June 21, 1950 in Book 2030, Page 330 of Official Records. In Favor of: Southern California Edison Company Affects: As described therein B. Covenants, conditions, restrictions and easements in the document recorded in Book 2123, Page 436 of Official Records, which provide that a violation thereof shall not defeat or render Invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition, or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, sexual orientation, familial status, disability, handicap, national origin, genetic information, gender, gender identity, gender expression, source of Income (as defined In California Government Code § L2955(p)) or ancestry, to the extent such covenants, conditions or restrictions violation 42 U.S.C. § 3604(c) or California Government Code § 12955. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. A Deed of Trust to secure an original indebtedness of $94,509.00 recorded April 28, 1994 as Instrument No. 94-0292762 of Official Records, Dated: April 14, 1994 Trustor: Joel Cortes Cruz, a single man Trustee: American City Mortgage Corp., a California corporation Beneficiary: L.C. Holmes Inc., d.b.a. South Coast Financial, a California corporation According to the public records, the benefclai Interest under the deed of trust has been assigned to Norwest Mortgage Inc. by various assignments, the last of which was recorded July 18, 1994 as Instrument No. 94-0458079 of Official Records. 10. Any defects, liens, encumbrances or other matters which name parties with the same or similar names as Joel Cortes Cruz (11 + Matters). The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information, 11. Rights of parties in possession. FrrstAmerlcan Title Page 3 of 13 750-10 Order Number: O-SA444576S Page Number: 4 _ _ YNFORMATIONAL NOTES Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be Issued in connection with your transaction. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $1,086.41, PAID Penalty: $0.00 Second Installment: $1,086.41, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P. No.: 015-215-10 2. This report is preparatory to the issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLIA endorsement forms 100 and 116 and if applicable, 115 and 116.2 attached. When issued, the CLTA endorsement form 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 1241 Saint Anne Place, Santa Ana, California. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title Insurance policy, if any, to which this map is attached. First American Title Page 4 of 13 750-11 Order Number: O -SA -4445765 Page Number: 6 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 21 OF TRACT NO. 1383, IN THE COUNTY OF ORANGE, AS PER MAP RECORDED IN BOOK 41, PAGE 47 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN: 015-215-10 FfrstAmerkan Title Page 6 of 13 750-12 N N M N Order Number: O -SA -4445765 Page Number: 7 a 133N1s +�3xvrr e O a N Oe i b 0 8 N N M N Order Number: O -SA -4445765 Page Number: 7 a 133N1s +�3xvrr e O a 4 0 'ea Oe b O 2 O y G z x � 133y1S FlrstAmerican Title Page 7 of 13 750-13 EXHIBIT xA' LU GAL DESCRIPTION FOR RIGHT OF WAY PURPOSES k ANA, COUNTY OF ORANGE;,STATE OF OF TRACTNO.1-183, PERU" RECORDE S MAPS, IN THE OFFICE OF THE COUNT' 'ATTACHMENT 2 m COMMENCING} AT THE INTERSECTION OF THE CENTERLINES OF BRISTOL STREET ANI) SAINT ANNE PLACE, AS SAID IS SHOWN ON SAID MAP; THENCE, ALONG SAID CENTERLINE OF SAINT ANNE PLACE, SOUTH 88010'21"EAST, 55,22 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1°49'39" EAST; 30,00: FEET TO A POINT" IN THE NORTIILINE OF SAID SAINTANNE :PLACE, SAID POINT BEING THE TRUE POINT OT BEGINNING THENCE NORTH 44054'53" WEST; 16.50 FEET,•. THENCE, NORTH 0006'22" EAST, 112.3$ FEET TO THE WEST LINE OF SAID LOT; e&t,AIL.Y&ti~" tIREA`OF SO'lo lzE F?EE`%;iYIO i?Af 1 SSS ._ ALL AS SHOWN ON EXHIBIT `B', ATTACHED HERETO AND EY THIS REFERENCE M"E A PART HEREOF THIS DESCRIPPTION HAS BEEN PREPARED BY ME ON SEP IEMBER 22, 2015 ANTHONYC. CUOMO, PLS 6442 Fee Acquisition Area 1(75044y Page 24 KETCH TO ACCOMPANY LEGAL DESCRIP DAC 09-21-2015 SHED I OF 1 2010142-020 Fee Acquisition Area 115jouvil' Page 25 \pe{p4 LAND k 401 o = 7o to k N0. 66+2 _ j t3 -4F CA�ZT LOT e0 LOT 19 a� v1 � � v TRACT 1383 ui M.M. 41147' (u;cad k ' *. rq — 05 m„ ,o? o I -•w - M' LAT 21 LAT 22 Goo mm a P21 ,d Mo '.F- LX N88'1,0' 81'W M 42. w ea 1-2 6, 9. 26' , ns o c L3 N 1' 49'39# E ro 30, pQ ) 6'. TlR0,B; a r_ cu oR=l °a w as L2 L -J 5. 70' L1 Nee 101 21x' 55.28'— i ' P,f7,C,. ST ANNE PL BRISTOL STREET IMPROVEMENTS - 30 :PHASE IV WARNER AVENUE TO SAINT ANDREW ANDREW'PLACE PROJECT No. 11-6741 KETCH TO ACCOMPANY LEGAL DESCRIP DAC 09-21-2015 SHED I OF 1 2010142-020 Fee Acquisition Area 115jouvil' Page 25 EXHIBIT KA' LEGALIIESCRIPTION 'OR RIGHT OF WAY PURPOSES —AP No. 015-215-I0 HEING A 5X0 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE,. STATE OFCALIF•ORNIA, SAID STRIP BEING APORTION OF LOT21 OF TRACTNO.. 1983, PERMAP RECORDED IN Eowc 41, PAGE 47 OF MISCELLANEOUS MAPS, IN TRE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE WESTERLY SINE OF SAID STRIP BRING MORE PARTICULARLY DESCRIBED AS FOLLOW& COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF BRISTOL STREET ANIS SAINT ANNE PLACE, AS SAID IS SHOWN ON SAID MAP; THENCE, ALONG SAID CHNTERI,INE OF SAINT ANNE PLACE, SOUTH 88010'21"EAST, 55:22 PEBT; TmNCE, PERPENDICULAR TO SAID CENTTRLIKE, NORTH 1049139" EAST, 30.09 FEET TO A POINT IN THE NORTH LINE OF SAID SAINT ANNE. PLACE, SAID POINT BEING THE TRUE. POINT OF BEGINNING; TEIENCENORTH 44050'53" WEST; 16.50FRET; THENCE, NORTH 0006'22" EAST, 112,33 FEET TO THE WEST LINE OF SAID LOT; THE EASTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY INTHE SOUTH LINE OF SAID LOT 21 AND NORTHERLY IN THE NORTH LINE OF SAID LOT 21, 1�?�IT�lfi`1Ii A21 t1R%2`F ��7:S�UAIt$ FSE C M01tE t7R 4ESa�` ALL AS SHOWN ON EXHIBIT '13'., ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOR, SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS; .'EASEMENTS OF RECORD, AND RIGHTS OF WAX. IF ANY,. THIS DESCRIPTION HAS BEEN PREPARED BY ME ON SEPTEMBER22, 2015'.. ANTHONY C. CUOMO, PLS 6042 Temporary Construction Easement '(7(50"%y Page 26 � � I Z n � > j � LOT 20 ca 5 LOT 19 ST ANNE PL 30, DATE M SHF r Temporary Construction Easement IOP-DITY Page 27 TRACT 1US. - 7 { � M K 41/4.7 l ra=zn, nd L2 rq Li f=J�`- N88* 14':X21'" W v row 4 LOT $i LOT 22 ....._. a al LR NSS'10'2PW 42, 95' P l w t L2 5.86'' a "v L3 Ni° 49' 39° E ., 2 51 q 0 20,00' ST ANNE PL 30, DATE M SHF r Temporary Construction Easement IOP-DITY Page 27 - 5`T,P,0,B, � l ra=zn, nd L2 L=15, 70' Li f=J�`- N88* 14':X21'" W ST ANNE PL 30, DATE M SHF r Temporary Construction Easement IOP-DITY Page 27 ATTACHMENT STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Joel Cortes Cruz, a single man The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary') required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b). The appraisal on which this summary is based was made in accordance with accepted appraisal principles, consistent with California Valuation Law. A statement and summary described the basis for the appraisal from which the client established compensation. There follows the Statement of Value and Summary of the Basis for Appraisal and the Amount Established as Just Compensation ("Summary"): BASIS OF VALUATION The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. According to the engineering map and legal description provided, the proposed permanent acquisition will be approximately 266 square feet in size, located along the westerly side of the site. The proposed acquisition will not affect any building improvements. Site improvements located in the acquisition area include: a portion of 750-18 the existing backyard concrete block wall, a portion of the low wood front yard fence, and landscaping. The portion of the existing backyard concrete block wall that will be affected will be replaced in kind. A five-foot wide temporary construction easement (TGE) will be provided for work on the wall. The proposed temporary construction easement will be approximately five feet wide encumbering a 650 square foot strip of land along the westerly side of the larger parcel adjacent to Bristol Street. All landscaping improvements within the TCE will be protected in place or replaced in kind as part of the project. The maps are preliminary in nature due to the design build nature of the project. It is possible that the design and proposed acquisition may change. The reader is advised that this could impact the value and compensation conclusions for the property. No permanent building improvements are physically impacted by the proposed project, The purpose of the TCE is for activities associated with the Bristol Street Widening Improvement Project. The TCE duration is reported to be 18 months. DESCRIPTION OF THE LARGER PARCEL Ownership: Joel Cartes Cruz, a single man Location: 1241 Saint Anne Place, Santa Ana, California 92707 Assessor's Parcel No.: 015-215-10 Date of Value: November 29, 2016 Property Rights Appraised: Fee simple Site Area: Approximately 6,572 square feet, or 0.15 acre, according to the Assessor's Map Zoning: According to a representative for the City of Santa Ana, prior to 1991, the subject property was zoned for residential use. The improvements appear to be a legal non -conforming (grandfathered) use. The property is being appraised disregarding the project's influence and current zoning. Present Use: Highest and Best Use (As Vacant): Highest and Best Use (As Improved): Residential Residential Use Continue the existing use Kiley Company 750-19 Improvements: The larger parcel is improved with a single family residence of approximately 1,000 square feet, as indicated by public records. Property Rights Appraised: Easement rights for the temporary construction easement and fee simple for the larger parcel land value Proposed Acquisitions: SUMMARY OF ACQUISITION AREAS Fee Acquisition 266 SF Temporary Construction Easement 650 SF Description of Acquisition: The proposed acquisition includes a 266 square foot fee acquisition of land area. No building improvements are impacted. No non -realty rights are included in the valuation. Sales Comparison Approach - Residential Land Value As only a small area in the yard is impacted, the land is valued. The estimated fair market value of the land is based on land sales data for other properties with essentially the same utility and amenities as the larger parcel. The larger parcel is a residentially site located on an arterial street with average access. The property is located in a primarily residential neighborhood, adjacent to South Bristol Street. To estimate the value of the larger parcel, a search was conducted of the market area for similar land sales. The search included residentially zoned properties in Santa Ana and the surrounding cities. The unadjusted values for the comparable land sales found range from $18.69 to $31.76 per square foot for closed land sales. Consideration is given for differences in site size, location, zoning, access and visibility, shape, topography, and condition. Kill % 0- 0 Kiley Company 750-21 LAND SALES COMPARISON SUMMARY Location COE Date Acreage Sales Price APN Doc No. SF Price Per SF Zoning Comments GrantorlGrantoo DOM Larger Parcel 1241 Saint Anne Race NOpp 0.15 N/App R2 Larger pared is improved with a single-family Santa Ana, CA92707 WPpp 6,572 residence. 015-215-10 Comparable No. 1 202 EAdams St. 5/23/2016 0.20 $273,000 R-2 Vacant lot at the time of sale. The broker Santa Ana, CA 92707 230237 8,801 $31.02 reported that the property was sold to an 016-044-12 34 investor without plans for development. The Grantor: Rn Investment Groups Inc. corner lot backs to a railroad track. Grantee: Mira Properties LLC Comparable No. 2 710 E2nd SL 4125/2016 0.14 $230,000 SD84 Vacant lot at the time of sale. The lot was sold Santa An a, CA 92701 180421 6,098 $37.72 UNI to a developer without plans at the time of sale. 398-491-15 60 Asingle-family he me is currently under Grantor: Nghia D. Dao construction. Grantee: Hung Le Comparable No. 3 1715 N. Rower a. 11/12/2015 0.20 $270,000 RI Vacant lot atthetimeof sale. Theproperty sides SantaAna, Ca 92706 585000 8,712 $30.99 to an alley and commercial use along W. 17th 002-094-14 8 R. The buyer is currently building a single - Grantor: Elizabeth L Hargreaves Trust family home, The surrounding neighborhood is Grantee: Kevin T. & Pngle L Co superior; however, the location of this lot is offset by the alley and adjacent commercial use. Comparable No. 4 1010 W. McFadden Ave. 6/8/2016 0.17 $190,000 R-2 Vacant lot at the time of sale. Buyer plans to Santa Pna, CA 92707 295944 7,500 $25.33 build a single-family he me. 013-062-02 97 Grantor: 1010 W. McFadden Avenue Grantee: Lv Dov Ino Comparable No. 5 1002 N. Van Nm Ave, 5/18/2015 0.21 $250,000 f,2 Vacant lot at thetimeof sale, Roperty sold Santa Ana,CA92701 257227 9,239 $27.06 without development plans. 398-533-07 25 Grantor: Hakim! Van NeesTrust Grantee: Plexander Dances LLC Kiley Company 750-21 Conclusion The adjusted values reflect the indicated market value range for the larger parcel. After adjustments, the range in land values indicated is $28.00 to $39.00 per square foot, rounded, of land area. Consideration is then given specific characteristics of each of the comparables on a qualitative basis and is detailed on the chart below. Adjusted Values Per Square Foot Land Sale No. Overall Comparability Indicated $/SF Comparable No. 4 Similar $28.00 Comparable No. 5 Similar $30.00 Comparable No. 1 Similar $32.00 Comparable No. 3 Similar $33.00 Subject - - $38.00 Comparable No. 2 Superior $39.00 To be consistent with the fair market value definition, the value concluded is at the high end of the range. Based on the preceding investigation, market trends, and analysis, the fee simple fair market value of the land as of November 29, 2016 is concluded to be $38.00 per square foot. LARGER PARCEL LAND VALUE Larger Parcel 6,572 SF x $38.0 PSF = $249,736 Value of the Site Improvements in the Acquisition Area The next step is the estimation of the depreciated replacement cost new of the improvements. Replacement cost is the cost of creating an improvement having similar utility, using current standards of design and materials. It is not necessarily the cost of creating a replica of the existing improvements if they are constructed of outdated materials, technique, and design. The estimated cost of the site improvements is based in part on the Marshall Valuation Service cost guide published by Marshall & Swift. The project plans provided indicate that the westerly side portion of the concrete block wall fence will be replaced in kind as part of the project; as such, no compensation for this improvement is indicated. In the fee acquisition area, there are no building improvements, but there is a low wood front yard fence and landscaping that will not be replaced. Landscaping is not typically depreciated and the replacement cost new of the low wood front yard fence and the irrigation is provided to allow for replacement by the owner. Kil Com any 750- 2 10 SITE IMPROVEMENTS Improvement Quantit Cost Total Cost Y Low wood front yard fence 56 LF $12.001sf $672 Landscape with sprinklers 266 SF $9.00/sf $2,394 Total $3,066 VALUE OF THE LAND AREA TO BE ACQUIRED The value of the area to be acquired includes a 266 square foot fee acquisition of land and related site improvements. The property owner will lose all rights to the area. The previously concluded land value of $35.00 per square foot and the replacement value of the site improvements are used to calculate the value of the area to be acquired, as shown in the following table: VALUE OF THE AREA TO BE ACQUIRED Area to be Acquired Total Cost Fee Simple Acquisition (Land): 266 SF x $38.00/SF $10,108 Replacement Cost (Improvements): TOTAL $3,066 $13,174 VALUE OF THE REMAINDER (LAND ONLY) The value of the remainder after acquisition, which includes the value of the land before acquisition less the value of the area to be acquired, is as follows: VALUE OF THE REMAINDER LAND AFTER ACQUISITION Value of the Whole - Before Acquisition $38/SF x 6,572 SF = $249,736 Value of the Fart to be Acquired $38/SF x 266 SF = ($10,108) Value of the Remainder $239,628 Kiley Company 750-23 ii DAMAGES An analysis of the property remainder after the proposed project indicates no loss in the basic land value or improvement value as a result of the project in the manner proposed. In the "after" condition, the remainder parcel value will remain the same. No damages are indicated. BENEFITS Benefits only serve to offset damages. There are no damages; as such, it was not necessary to analyze benefits as part of the appraisal process. TEMPORARY CONSTRUCTION EASEMENT A temporary construction easement is proposed to allow for construction of the project as proposed. A review of the proposed agreement to assess the degree of encumbrance on the property was completed in order to ascertain which rights the fee owner retains. The impact on value may be a function of the loss of utility, access and use rights to be transferred and the obligations of the parties during the construction period. Acquisition Estimated Area Duration TCE 18 months 650 Sq. Ft. The TCE is intended to allow the contractor onto the site to complete construction -related activities. The area provides the space needed to construct a new sound wall. The presence of the proposed TCE appears to significantly restrict the normal use of the area and a ground rent equivalent to 100% of the market ground rental rate is indicated. Ground Rent Analysis Data to determine appropriate rates of return on land is limited. Ground lease rents are typically based on a percent of the land value. A survey of real estate owners, investors, brokers and developers reflects that the annual ground rent is usually between 6.0% and 8.0% of the total land value. A search for residential ground lease data was made, but none were found. A survey of recent ground lease data reflects rental rates ranging from 6.3% to 8.2% of the land value, which is consistent with the verbal survey data. The rent data reflects the return a property owner expects to earn on their asset. This rate is typically impacted by risk of payment default, division of expenses, lease length, rental rate escalations during the lease term and inflation risk. Kiley Company 750-24 12 Considering the range of rates from the market data, a market rental rate of 8.0% of the land value is concluded. During the easement duration, the property owner will still be responsible for payment of any applicable property taxes; an amount of 1.0% of the land value is added. Compensation for the temporary workspace is estimated using a 9.0% annual return (8.0% for the ground rent and 1.0% for the property taxes) on the base value of the land at $38.00 per square foot. Temporary Construction Easement Compensation TCE Area Base Land Value (650 SF x $38/SF) $24,700 9% Annual Return on Land Value $2,223 Monthly Ground Rent on Land Value $185 --------------------------------------------------------------------- Estimated Compensation for TCE for 18 Months $3,335 VALUE OF EXISTING IMPROVEMENTS The area to be acquired for the temporary construction easement is an irrigated landscaped area, which will be protected in place or replaced as part of the project. Kiley Company 750-25 13 APPRAISAL CONCLUSION As of November 24, 2015, the opinion of compensation for the proposed acquisition, based on the project as proposed, is as follows: APPRAISAL CONCLUSION Value Property Rights Opinion Compensation Value of the Larger Parcel (Land Only) $249,736 Permanent Acauisition(s Fee Acquisition $10,108 Improvements in Acquisition Area $3,066 Subtotal PermanentAcquisition(s) $13,174 $13,174 Damages $0 Benefits $0 Temoorary Acquisition Total Temporary Construction Easement Land $3,335 Improvements $00 Total Compensation for TCE Rights $3,335 $3,335 Total Compensation $16,509 Compensation Rounded $16,500 Kale Com any F90-�6 14 ALIUMMAIN R We certify that, to the best of our knowledge and belief: 1. The statements of fact contained in this report are trite and correct. 2. The reported. analyses; opinions, and conclusions are limited only by the reported amumptions and limiting conditions and are our personal; impartial, and unbiased professional analyses, opinions, and conclusions, 3, We have no present or prospective interest in the property that is the subject of this report and no personal interest or bias withrespeetto the properties or parties involved. 4. We have previously appraised the subject of this report fur the same client, Report No, 16- 545 1, 6-5451, dated February 8, 2016, 5. We have no bias with respect to the property that is the subject of this report or to the patties involved in this assigaanrent. 5. Our engagement in this assignment was not contingent upon the developing or reporting predetermined results. 7, Orn~ compensation is not contingent on the development or reporting of a predetermined value or direction in value that favors the cause,617 the client; the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use -of this appraisal, $, Our analyses; opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of professional Appraisal Practice. 9, Eben Netzer has made a personal inspection of the property that is the subject of this report, Elizabeth M, Kiley has not shade an inspection of the subject property, but has fully participated in the analyses, opinions and conclusions concerning real estate contained in this report and fully concurs with -the conclusions expressed herein, 10. No one provided significant real property appraisal assistance to the persons signing this certification. 11. The reported analyses, opinions and conclusions were developed, and this report has been. prepared in conformity with the Code of Professional Ethles and Standards of Professional .Appraisal Practice of the Appraisal Institute. 12. The use of this report is subject to the requirentients of the Appraisal Institute relating to review by its duly authorized representatives. 13. his of the date of this report, Elizabeth M. Uey has completed the continuing education program for Designated Members of the Appraisal Institute. Elizabeth M. Kiley; AI, Al-GR3 Ellen Netzer Certified General Real Estate Appraiser Trainee Real Estate Appraiser Certificate No. AGO05391 Certificate No, AT008864 Expiration Date: Aprii 13, 2016 Expiration Dater November 14, 2017 Kiley Company 750-27 ATTACHMENT 4 SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the hall amount believed by the City to be just compensation for the property taken.; b. Is not less than the approved appraisal of the Pair market value of the property as improved; e. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed, to by a seller being willu1g to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by tho City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 750-28 ATTACHMENT 5 M D B 1'0 Kwr �' CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 750-29 Dear property Ownex: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief srunmary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future Iegislation and/or court decisions. Tu the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 750-30 ?FABLE ®Y C®N7C ENTS PACTS WHY IS MY PROPERTY REQUMD? Y WIIAT RIGHT DOES TTM CITY HAVE TO ACQUIRE MY PROPERTY? l WHO MAKES THE DECISION TO BUY MY PROPERTY? I HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? 1 WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE TILE. FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I RAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROTECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF JUST COMPBNSATION7 CAN I GET AN APPRAISAL? MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 3 MAY I HAVE. SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER., HOW SOON WI LL IBE PAID? 4 WHAT HAPPENS T I DO NOT AGREE TO TEE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? WILL I HAVE TO PAY ANY SETTLEMENT COSTS? 0 5 MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ONMY PROPERTY? 5 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL IHAVE TOPAY RENT TOTIM CITY AFTER MYPROPERTY- ISACQUIRED? 6 HOW SOON MUST I MOVE? 6 AMIENTITLBD TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN IBOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF II-IAVE OTFIER QUESTIONS ABOUT THE PROCESS? 7 750-31 WHY IS MY PROPERTY REQUIRED? The City of Santa .Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street, WHAT MIGHT 1D OE THE CITY HAVE TO ACQUIRE' MX PROPE Every public agency has certain powers that are necessary for it to operate effectively. , For example, States have the power to levy taxes and the power to maintain order, Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Pourteenth Amendments of the US, Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay ' just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAIM 8 THC DECISION TO BUY Aff PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW V4LL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values wiil do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. - WHAT IS FAIR I4MARICET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being Toady, willing, and able to buy but render no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and proposes for which the property is reasonably adaptable and available. 750-32 HOW DOES AN APPRAYSER DETE RMINE TIM, FAIIB M&M£E'I' VALUE OF MY PROPERTY? Each parcel of real properLy is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are; How it compares with similar properties in the area that have been sold recently. How much it would cost to reproduce the buildings and other structures, loss any depreciation. How much rental income it could produce after expenses and how investors typically value that income. WILL HIAVP A CIIANCE TO TALK TO THE APIJRAISER? YE S. You must be contacted and given the opportivaity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special featnes that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT.' MY PROPERTY IS NECESSARY FOR A PY)BLIC PROJECT, HOW SOON WILL TBE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: o The amount of work required to appraise your property, m The availability of funding; and ® Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property far the full amoLmt determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT IS IN THE' CITY'S STATEMENT OF THE 1dASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: The recognized definition of the term "fair market value" or the equivalent term. 750-33 o The date of valuatlon, highest and best use, and applidable zoning of property. o An accurate description of the property to be acquired. a A list of the improvements covered by the offer. ® The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value, o The amount of the offer. o Where appropriate, the just compensation for the real property acquired and for damages to remaining real ,property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil ProcedureSection 1263.025 sbould you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; d You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. ® The selected appraiser you select must be licensed with the Califomia State Office of Real Estate Appraisers (OIWA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. a Appraisal cost reimbursement requests must be made in writing and submitted to the & of Santa Ana, Public Works Agency, 20 Civic Center PlazaM-36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appralser requests payment fxom you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrentwith submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer. MAY I HAVE 8OMEONE REPRESENT ME DTJR'ING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing, You will be responsible to pay the costs of any such representation. 750-34 IDN' A AGREE TO ACCEPT TAPE CITY'S OFFER, HOW SOON WML i. B.u, PAI><D? If you and the City reach an agreement for the purchase o£yow• property by the City and your ownership (tine) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about: ninety (90) days affer the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that farther action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (TiRo evidence is a legal record of ownership of the property. it identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instumerts affecting your ownership of the property.) WHAT HAPPRN8 IF 11D0 NOT AGREE TO TIt FINAI. PUACHASE O JEIt 11 TITh, CITY? If you and the City are unable to reach an agreement tluough negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if: 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. _ The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your pzoperty. The City will have the same right. After hearing the evidence of all parties; the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jurytrial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS ANORDFAf OFFOSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 750-35 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for whichyour property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw thein share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems, A, withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settleinent or court: award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. WILL I HAVE TO PAY ANY SETTLE M E, NT COST'S? if you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of: Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City, Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Realpropertyiaxes covering the period after -the City acquires your property, Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordivarily, if you have paid any of these expenses yourself, you will be repaid at that time, If you later discover other costs for which you should be repaid, you should, request repayment from the City within six months alter the acquisition, City will assist you in processing your claim for these costs, If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OP THE BUT DINGS OR OTHER EffROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. Il' you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase, price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) if you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to anew location. . 750-36 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? ' AYES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for -'the loss in value (offset by any special benefits accruing to the romaindor resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I DAVE TO PAYREI NT TO TIM CITY AFTE RMY PROPERTY IS ACQZMED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair- rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or your tenant shall be within your finarr.cial means or your tenant's financial means, as the case may be. HOW SOON MUST IMOVE? if you reach a voluntary agreement to sell your property, you. cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give ,you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF WSWESS COODVULL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the prop city being acquired is part of a larger parcel. Code of Civil Procedure Section §1263.510 Loss of Goodwill Compensation Basis: (a).The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be comp ensated for the loss of goodwill if the owner proves all of the following: (f) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Govenmeat Code. 750-37 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill" consists ofthe benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage LAMA VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another (31 loan to purchase another property. Check on such arrangements with your nearest VA office, My PROPERTY IS WORTH MORE NOW THAN iWH'' N I BOUGHT IT, MUST I VAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 750-38 Epic Land Solutions, Inc. Orol 2601,Alrpoa Drival,501tO V30 Torrence, CA 90505 p'hp11j4;(3XO) 986-290 Fax; (33,0) 891-3348 TITLE V1114FORATATMAO"GE 'Ot x0poec, to Title V C ATTACHMENT flnAnoidl or be subjected to disedmination U46. miyProgram or activity receiving Federat financial assistance, Other Ot _W abi poyjdepvotqdt�onagah,� didarlpilia' n ox Of sex? ago or dis litS i The onrlogdd Title YlVaolcago is your laf6rination to further explain your rights. The Pa 'ekaga' moludes the following doptMents: Title VI of the 1964,Civil Rights Mt and RAated Statutes Rig& of Way Title VX smvey VojrAwith Self Addressed Stamped Envelope Right of Way Title VIDIsaWliatioll 09rdplaint Fowl itis Teclqq&4the mgh 9 in the elf # of Way ntleV! STpay form be cQ41plafe4 andxemn a. s - ad(jtcgsed,stumped Onyelo-pe, I I you have been subj poted to di Complafixtfqm -And return to and Jason qgbrjol hillople Civil ngiueex• 20 CiVie. Contol Plop N 6 Raxita Mg) CA -9270 GF WJNG 1.W SQLu7lDNS FOP, tfl-r Nap Opon WWW. �plcl.al5cl.corn 750-39 0LU 46 O uu :cam r efl 17 a CU 4 v o C1: r" 6Jw r o CO ISL: /meq �5 aaR a 7g�� .F�73 ® D N VX 9 h r' G44l Ei .a Ld Gt ; m vi Q m 'd 4 �- P ¢¢ a` n a ca. �r �0a�03'c^.nay+ �iw0��'v �OvN 6O fi 54.Y v �0 �. � m� U 57 a L9 d,m A to E 60 r+`h 59 rZ rr�nj N Ob�w'+.,i3 F -IX 4. C 5 b+�"ri �w�o bdob�m v�ipQ '2 !� w �y.`n�op ,�. v_)80 750-40 A M 0 H v L 4' I c� U ,a Fu bn ta It 750-41 E 61 � a v o o oAd U ,a Fu bn ta It 750-41 TITLE VI OF T14E 1964 CIVIL EIGHTS ACT AND RELATED STATUTE page 1 oft NONDISCRTMINATIONSTATUTES Title VI of the 1964 Civil Rights Act, 42 U•S.C, 2000, provides in Section 501 that: "No person in the United States shall, on the ground of race, color, ornatlonal origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPAC'T'S, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS ORACTIVITTES) The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be occluded from participation in, be denied the benefits of, Orbe subjected to discrimination under atiy program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Aet of 1970,42 U.S.C. 4601, provides: "For the fah• and equitable treatment ofpersons displaced as directresult of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) e The Federal-aldHigirway, Act, 49 U.S.C. 306 Outlines the responsibilities ofthe U.S. Department of Transportatlen and, at (c) outlines the Secretary's authority to decide whether arecipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance, • The 1973 Federal -aid Iliglervay Act, 23 U.S,C. 324, provides; "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, rube subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THEBASIS OF SE.X) • The Civil Rights Restoration Act of 1,987, P,.L, 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Fights Act, TWO 1X of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OP FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) The Th i£orrn Relocation Act Amendments of 1987, PL. 101-246, pruvides "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacerrent... (to maimatin)... the acanomic and social well-being of communities; and...to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED TIM INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 750-42 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 2 of 2 n The A.movicaus with Disabilities Act P.L. 101836, provides; "No qualified individual with a disabifity shall, by reason of such disability, be excluded from the participation in, be denied benefits o{ or be subjected to discrimination by a department, agency, speoial putpose d1sWat, or otter instrumentality of a State or a total government " (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) n The Civil Rights Act of 1991, in pant, amended Section 1981 of 42 U.S.C. by adding two new sections that provided; "(h) For the proposes of this section, the term `make and enforce contracts' includes the making, performance, modification, and teriainatien of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (e) The rights protected by this section are protected againstimpai mentby non-govenmrental discrimination and impairmentnnder color of State • Title VIII of the 1968 Civil Rights Act, 42 C.S.C. 3601, provides that: "(1) It shall be unlawful... to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale omental of', or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin," (PROHIBITS DISCRIMINATION INTPIE SALE OR RENTAL OF HOUSING— HUD is the prhnary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the faction of Right -of -Way) ■ The National Environmental Policy Act of 1969,42 U.S.C. 4321 Requires the consideration of alternatives, includingthe "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic iaterdisciplinmy approach at each decision making stage of Federal -aid project development, " - Title IX of the Education Amendmcuts of 1972 Makes financial assistance available to institutions of higher educodon to; (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service,; and (3) assfstin stengthening undergraduate programs of instruction in certain instances, r Section 504 of the Rehabilitation Act of 1973, 29 US.C. 790, provides that: "(leo qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination wader any program or activity thatreceivas or benefits ft-om Faderal financial assistaneo." (PROHIBITS DISCit1MINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Sowne: U.S.DeparhnentofTransportation Federal Highway Administration Title W Handbook Tithe VINondiserim:ination is the Federal -Aid Highway Program FHWA Publication No. FHWA HCR -06.006 750-43 TITLE Vl SURVEY PARSONAL I ' ORMA.TION NOTICE Pursuant to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of I977 (Civil Code Sections 1798, et sec,), notice is hereby given for the request of personal information by this form. The requested personal Information is voluntary, The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this force. No disclosuro of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Barb individual has the right upon request and proper identification, to inspect all personal information, in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (SA) NON DISCRIMINATION All persons affected by State transporfatien projects are requested to provide information with regard to race, color, national origin., sex, disability, age or income status. Please check the items below which best describe you and return this form in the oublosad eovetope. The furnishing of this information is voluntary. Hand of household: Malo Female Age: —Under40 41-65 , Over 65 Race/Ethnicity: _ White •,_,American Triba Black —Paolino Islander Hispanic J Other _Asian Specify: Language spoken, if other than English: Are you or any member of your household suffering any physical disability or medical condition?_Yes _No Aro you a low-income family? Enclosure Yes _No 750-44 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE persuanl lV Iho Federal Pdvaoy Ad (P.L, n357a) and the Iaf errucien Pfodlees Art of 1977 (Civil Code &e Vrns 1796, at SCh.), notice Is hereby given far the request of personal icform.11ed Uy Illlstwm. The requesled peraag.1 Inf.mmliml Iswlunlery. Tho pdnaipal puryosa 4 the Va emery hfamma.eatt to f..illtale the pruc.ssfng of This form. TNe reLo, to provide all at any pall of iha requested Informllel may delay pr.cea.rej of this fore. No disclosure of ppzrcaaat Iefonnallon WAll be mad. unlow permiss1th, ander A6icle a, Scathe 179624 or the IPA of 1977. Each malignant las the right upon (egnast and proper Id.ra ffaalkn, to Insp.6 all personal infrmadon In any rocard malnt.Ined amine lnflMdualb an ideebyhp wdimdr. OI clan In uirles on fnfnrma6on maint.nanra loy.Vr IPAClfice. Dist CO Rte Post )BASIS OR DISCRIMINATION [] RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX D Diab(lity ❑ Low Incomo ❑ Non -&[glob Spoakor Provide date(s) and place of alleged discrimination Deneribe the nature of [be action, dccislon, or con dithers of the alleged discrimination (Attach Extra Page. If'Necessary) Nemo ofludivi duals (NICneavn) responsible forthe ao4on, decision or condition of alleged discrimination Provide supporting bdametton!mown to complain uatin support of bisMer allogalion Identify possibte 19ifnesses whom (ba complainant believes can provide factual inforsrradon about this allegation Stnte the action requested by complainant 750-45 S ik�int.sl' ia°ti,pZn�.}I" I.twuiu�talrg, u+,7u ,ta,�uxwl{,nr.uns,I°a Li(JS kunumzf' .Ltuie]° liw�artna,ii'.6,� ja`urJ&�+I>�: "41'IIF7 YI\-qt 9M94 -4 WK bI WW 1 t 1"141 � tts�s�iusWi�r�'+��;�'s1vt;�o ��ss���1s cssusll�s�l�s� sit ti Motlsaik6lionyaymoufi Wnguu'manataipat ilntfingau'1[uaentosChamolso. Ozua6ite ovaj lcvadraHO alto aitate ili gpvorite hruatski jez tt. Zas"krfr&t tuto'kolbnku pokad Nte a hOOfte &sky. El ifr'uis dit vakje aah ale }i Nederlandg kurt lezen of spiekett. LA4ark thi . box if ynu road or spealcYigliSlt. Cl Dfl=Ss'Ga US AEPFlfi'IMANT OF C0 ;,k,GE 750-46 Pdaml. ,110 NU damarlW u$ c�4.P Mean I Arabic 2. Armenian 2. Bengal 4. Cambodian 5. Chamorro 5. Simplified Chinese 7.7raditional Chinese B.Croatian 9. Czech 9:0. OuteN 11. English Cocher id si Vons Hsez on Parlez le fragals. Ll Kreuzen Sie diesas Kastchen an, wenn Sic Deutsch lesen oder sprechen. E µetwe2s auto To nl xioto au Sta(3&bets µtXccra EXXTIvoccs. Make kazye sa a si on li oswa ou. pale lacyol apsyen. FM am �� qT w �ci 1; r —C1' -qu Tc w % r�Tff 1 il El Kos lub voj no yog koj paub twm ddab hais lus Iimoob. I delolje meg ezt a kockat, ha megerd vagy beszeli a magyar nyelvet. Markaam daytoy nga kation no makabasa wenn makasaeka id Ilocano. IFMarchi questa easella se Legge o paxla Italiano. ❑ e-1-`oo�o'V�l�%�J} �❑4. of JOA O�IU ��.Ic�. C�l �7C�1��\/c:C�}o } Z ;;;29L+ V7UT 5�°-KA "1 tw) RAI} Al -2-- UwgUUgqb Prosimy o zamaczenie tego kwadratu, j&eli posluguje sir. Pan/kant jgzy1dam polskim. 750-47 Ece nmloeanrtgbtL•Vao US UUHYAIJ U.&, cEN5U5 9UgEl1U 13. French 14. German 15. Greek 16, Haitian Creole 17. Hindi 18. Hmong 19. Hungarian 20, Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25, Polish 7Lf>,ssinala eske quadrado se vac61i3 ou fele pozhigues, Fmali aceasta casula dace citili sau vorbill rom5nc�te. ITOWITSTO aTOT xsagpawy, eetitt nbt IDITaeTe, XMMBOPIM no-pyeetcPT. 06enen<uxe osaj xaaApaTUtl yiConx M sMTETe xmx ronopuTe cprrctct� jeaux. Oznacte teufo sNOXcek, ak viete "chat' atebo hovoriepo sloveasky. ❑ Marque esta easilia si lee o habla mpaHDL 26. Portuguese 27 Romanian 28, Russian 29. Serbian 30. Slovak 31. Spanish t it Markahanitongkuwadradokungkayoaymarunongmagbm omagsalitangTagalog. 32.Tagalog `lwh�flr�soJur�7t�aalu�Izaa�7vi7uo�uvftavJgrintw79r�s, ❑ Maaka'i ho puhani kapau'okuke lau pe lea fakatouga. u BipmiTure IN XJIiT. rucy, sumgo 3x gaTaere a6O r onopx7e yxpaYacbzcon3 naa>30to. r ❑ Xui da'nh dZu vac 8 nay n6u qu$ vi biet doc vA u6i cldctc V16t S Tga; ❑ �>7rH L�'fY7 '7Y7h( ta)Y}sy 7yh! 7�i24 J17VY7 oYT 1755�y�KZ 750_4„ u.a, pEPARTMENT OP eOMMFECE l]/( Economy end Sfollnlus HtlmlpishW) � UX, cEttsuc ul/HK'AU 33. Th ai 34.-longan M, Ukranian 35. Urdu 37. Vietnamese MYiddish Form W-9 Request for Taxpayer Give Form to the (Rev. December 2014) identification Number and Certification entitles, it is your employer Identification number (EIN). If you do not have a number, see Has, to gets requester. Do not Department offlpTo,.surV TIN on page 3. send to the IRS. Internal Revenue Service 1 Name (as shown on your Income tax return). Name Is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above of m o' e 3 Check appropriate box for federal tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to certain entities mar Individuate; sea o ❑ Individual/sole proprietor or ❑ C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate , Instructions on page 3): v (° aingle-member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, 5=5 corporation, P=padnershlp)1• Exempt payee code Of any) `o Note. For a aingle-member =that Is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting b c the tax classification of the single -member owner. code (if any) 5 p, ❑Other (sea lnsimcllons)i (Applies to a«oems ale l„ramaew,..:-lerna U.S.) IE 5 Address (number, street, and apt, or suite no.) Requester'n name and address (optional) �i So m 6 City, state, and ZIP code m m 7 Her account numbers) here (optional) Taxpaor Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name givan online Ito avoid social security numuer backup Withholding. For Individuals, this is generally your social security number e ( However, for a resident plan, sale proprietor, or disregarded entity, see the Part I instructions on page 3 For other entitles, it is your employer Identification number (EIN). If you do not have a number, see Has, to gets TIN on page 3. or Note. If the account is In more than one name, see the Instructions for line 1 and the chart on page 4 for I Employer Identification number guidelines on whose number to enter. F -F-1 F-F-F7-Ir Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am waiting for a• number to be Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service QRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject tle backup withholding; and 3. 1 am a U.S. citizen or other U.S, person (defined below); and 4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting is correct. Certification Instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. Seo the instructions on page 3. sign Signature of Here I U.S. person 0- Dale b General Instructions Station references are to the Internal Revenue Cade pulses otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release It) Is at navetips.gov/09. Purpose of Form An Individual or entity (Form W-9 requester) who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIM which maybe your social security number (SSN), individual taxpayer Identification number(ITIN), adoption taxpayer identification number (ATIN), or employer idenililcetion number (EIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of information returns Include, but are not limited to, the following: • Form 10994NT (Interest earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K(merchant card and third parry network transactions) • Form 1099 (home mortgage Interest), 1098-E (student loan interest), 1099-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured preparty) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. II you do not return Form W-9 to the requasfer with a TIN, you might be subject to backup withholding. See What is backup withholding? on page 2. By signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Coulty that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also codifying that as a U.S, person, your allocable share of any partnership Income from a U.S, trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form Of any) Indicating that you are exempt from the FATCA reporting, is correct, See What Is FATCA reporting? on page 2 for further Information. Cat, No, 10231X 750-49 Farm VV -9 (Rev. 12-2014) Farm W-9 (Rev, 12-2014) Page 2 Note. If you are a U.S. person and a requester gives you a form other then Form W-9 to request your TIN, you must use the requester's form if It is substantially similar to this Form W-9. Definition of a U.S. person. Far federal tax purposes, you are considered a U.S. person If you are: • An Individual who Is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the Unlled States or under the laws of the United States; • An estate (other than a foreign estate); or • A domestic trust (as defined In Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable Income from such business. Further, In certeln cases where a Farm W -g has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1448 withholding tax. Therefore. If you are a U.8, person that Is a partner in a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its ellocahla share of net Income from the partnership conducting a trade or business In the United States: - In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U,S, grantor or other U.S. owner, generally, the U.S, grantor or other U.S. owner of the grantor trust and not the trust; and - In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign parson or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appmprlata Form W-8 or Form 8233 (see Publication 615, Withholding of Tax on Nonresident Aliens and Far ilgh Entitles). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or oliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continue for cortaln types of Income even after the payee has otherwise became a LLE. resident alien for tax purposes. If you are a U.S, resident alien Who is relying on en exception contained In the saving clause of atax treaty to claim an exemption from U.S. tax on certain types of income, you must allach a statement to Form W-9 that specifies the following five Items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contalna the saving clause and Its exceptions. 4. The type and amount of Income that qualifies for the exemption from tax. 5. Sufflclept facts to Justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S: China Income tax treaty allows an exemption form tax for scholarship Income received by a Chinese student temporarily present in the United States. Under U.S, law, this student will become a resident alien for tax purposes If his or her stay In the United States exceeds 5 calendar years, However, paragraph 2 of the first Protocol to the U,S: Chine treaty losing!April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a realdent alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 82.33. Backup Withholding What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments. This Is called "backup withholding." Payments that may be subject to backup withholding Include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain payments from fishing boat operators- Real estate transactions are hot subject to backup withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper codifications, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding If. - 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (seethe Par[ II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable Interest End dividends only), or 5. You do not cardlyto the requester that you are not subject to backup Withholding Under 4 above (for reportable interest and dividend accounts opened atter 1953 only). Certain payees and payments are exempt from backup withholding. See Exempt payee coda on page 3 and the separate Instructions for the Requester of Farm W-9 for more information. Also see Special rules fbrpartn.rships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign Financial institution to report all United States account holders that are specified United States parsons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W-9 for more Information. Updating Your Information You must provide updated information to any person to Wham you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated Information If you are a C corporation that elects to be an S corporation, or if you no longer' are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor trust dies Penalties Failure to furnish TIN. If you fall to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding, H you make a fats. statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying Information. Willfully falsifying codifications or affirmations may subject you to criminal penalties Including fines and/or Imprisonment Misuse of TIN.. If the requester discloses or uses TINs in violation of federal law, the requester may he subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this lino; do not leave this line blank. The name should match the name on your tax return, If this Form W-9 is far a joint account, list first, and then circle, the name of the person or entity whose number you entered In Part I of Form W-9. a. Individual. Ornately, enter the name shown on your tax return. If you have changed your last name wlthout Informing the Social Security Administration (SSA) of the name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ITIN applicant: Enter your Individual name as it was entered on your Form W-7 application, line 1a. This should also be the some as the name you entered on the Form 104011040A/1040EZ you filed with your application. b. Sole proprietor or single -member I.I.C. Enter your Individual name as shown on your 1040/1040A/1040EZ on line 1. You may enter your business, trade, or "doing business as" (DEA) name on line 2. c. Partnership, LLC that Is not a single -member LLC, C Corporation, or 8 Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on line 2. d. Other entities. Enter your name as shown on required U.S. federal tax documeols on the 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from Its owner Is treated as a "disregarded erdil See Regulations section 301.7701-2(c)(2)(III). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity.'fhe name on line 1 should be the name shown on the Income tax return on which the income should be reported. For example, If a foreign LLC that Is located as a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, the U.B. owner's name is required to be provided en line 1. If the direct owner of the entity Is also a disregarded entity, enter the first owner that Is nal disregarded for federal tax purposes. Enter the disregarded En ui's name on line 2, "Business name/disregarded entity name." if the owner of the disregarded entity Is a foreign person, the owner must complete an appropriate Form W-3 Instead of a Form W-9. This Is the coca even If the foreign person has a U,S. TIN, 750-50 Form W-9 Line 2 If you have a business nems, trade name. DBA name, or disregarded entity name, you may enter it on line 2. Line 3 Check the appropriate box In line 3 for the U.S, federal tax classification of the person whose home Is entered on line 1. Check only one box In line 3, Limited Liability Company (LLC). If the name on line 1 Is an LLC treated as a partnership for U.S. federal lax purposes, check the "Limited Liability Company" box and enter "P" In the space provided. If the LLG has filed Form 8632 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and in the space provided enter "C" for C corporation or ""s" for corporation. If it Is a single -member LLC that Is a disregarded entity, do not check Ilio "Linc ted Liability company" box: instead check the first box in nine 3 "Individual/sole proprietor or single-memhor LLC." Line 4, Exemptions If you ere exempt from backup withholding and/or FATCA reporting, enter in the appropriate space In line 4 any cousin) that may apply to you. Exempt payee code- - Generally, individuals (Including sole proprietors) are not exempt from backup withholding. • Except as provided below, corporations are exempt from backup withholding for certain paymams, including interest and dividends. • Corporations are not exempt from backup withholding for payments made in settlement of payment ..to or third party network transaction., � Col'polabons are not exempt from backup withholding With respectto attorneys' fees or gases proceeds paid to attorneys, and corporations that provide eradicator health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following nodes identify payees that are exempt from backup withholding. Enter the appropriate code In the space In Ems 4. 1—An organization exempt from lax under section 501(x), any IRA, or a custodial account under section 401 if the account satisfies the requirements of section 401(Q(2) 2—The United States or any of Its agencies or Instrumentalities 3—A state, the District of Columbia, a U,S. commonwealth or possession, or any of their poltlical subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or tnalrumentalilles 5—A corporation 8—A dealer in securities or commoditler required to register in the United States, the District of Columbia, or a U.S, commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real create investment trust 9—An entity registered at all times during the tax year under the Investment Company Act of 1940 10--A common trust fund operated by bank under section 584(a) 11—A financial Inethutlon 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under ... ran 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, l through 13. IF the payment is for... THEN the payment is exempt for,., Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,0001 1 through 5e Payments made In settlement of Exempt payees l through payment card or third party network transactions 1 See Form 10994MISC, Miscellaneous Income, and its instructions. 'However, the fallowing payments made to a corporation and reportable on Farm 1099-MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6o45(Q, and payments for services paid by a federal executive agency. Exemption from FATCA reporting coda. The following codes identity payees that are exempt from reporting under FATCA. Those codes apply to persona submitting thus form foraccounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain If the financial institution is subject to these requirements. A requester may indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATGA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as earned In section 7701(a)(37) B—The United States or any of its agencies or Instrumentalities C—A state, the District of Columbia, a U.S, commonwealth or possession, or any of their political ouledivlslons or instrumentalities D—A corporation the stuck of which Is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(q E—A corporation that Is a member of the same expanded aifl11a1ed group as a corporation described In Regulations section 1,14724(.)(1)(1) F—A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options)that is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated Investment company as defined In section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A Gammon trust fund as dellned in section 584(a) J—A bank as defined In section 581 K—A broker L—A trust exempt from lax under section 664 or described in section 4947(x)(1) M—A tax exempt trust under a section 403(b) plan or section 457(8) pian Note. You may wish to consult with the financial institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, etre at, and apartment or suite number). This is where the requester of this Form W-9 will mail your Information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. If you are aresident alien and you do not have and are not eligible to get an SEN, your -FIN is your IRs lndtvldual taxpayer Identification number (ITIN). Enter It In the social security number box. If you do not have an ITIN, see Now to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or LIN, However, the IRS prefers that you use your SSN. If you are a single -member LLC that Is disregarded as an entity separate from Its owner (see Limited Liability Company (LI on this page), enter the owner's SSN (or EIN, If the owner has ane). Dc not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart an page 4 far further ciarificatlon of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form 88-5, Application for a Social Security Card, from your local SSA office or get this Conn online at wviwssa.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form 35-4, Application for Employer Identificatlon Number, to apply for an LIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov/bus/nesse.; and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-800-829-3878). If you are asked to complete Farm W-9 but do not have aTIN, apply fora TIN and write "Applied For" In the space for the TIN, sign and date the farm, and give It to the requester. For Interest and dividend payments, and certain payments made w11h respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments, You Will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for aTIN rather you Intend to apply for one soon. caution: Adisregsrded U.S. arelty that has a foreign ownerrnust use the appropriate Form W-8. 750-51 Form W-9 (Rev. 12-2014) Part 11. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or 5 below Indicate otherwise. For a joint account, only the person whose TIN Is shown In Part I should sign (when required). In the case of a disregarded entity, the person Identified on Ilne 1 must sign. Exempt payees, see Examptpayee code earlier. Signature requirements. Complete the certification as Indicated In Items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1963, You must give your correct TIN, but you de not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1083. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your cot rest TIN to the requester, you must cross out Item 2 In the certlficallan before signing the form. 3. Real estate transactions. You must sign the codification. You may crass out Item 2 of the certification, 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect 7119. "Other payments" Include payments made In the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (Including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (Including payments to corporations), 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 524 IRA, Covert ell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, bulyou do not have to sign the certification. What Name and Number To Give the Requester Forthis type of readable Give name and SSN of: 1. Individual The individual 2. Two or more Individuals Qeint The actual owner of the account or, account It combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4. a. The usual revocable savings The grantor -trustee' trust (granter Is also trustee) b. So-called trust account that is The actual owner' not a legal or valid trust under state law 5. Sole proprletorship or disregarded The owns r' entity owned by an individual 6. Grantor trust filing under Optional The grantor' Form 1999 Filing Method 1 (sea Regulations section 1.571-4(b)(2)(q (A)) For this type ort account: Give game and EIN of., 7. Disregarded entity not owned by an The owner Individual 8. A valid bust, estate, or pension trust Legal entity° 9. Corporation or LLC electing The corporation corporate status on Form BB32 or Form 2553 10. Association, club, rotigicua, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing undarthe Form The trust 1041 Filing Method or the Optional Farm 1099 Filing Method 2 (see Regulations section 1.071-4(6)(2)0) (S)) ' List first and circle the mom of the person whose number you furnish. If only one Primerica a joint account has an SSN, that pemon's number must be marched. z Clrcle the mlmr'a name and tarnish the miner's SSN, Page 4 °You must show your Individual name and you may arca anter your business or DRAnamo an the"eusiness mama/disregarded entity" name line, You may use either yourSSN or EIN (i(Wu have ane), but the IFS encourager you to use your SSN. ' Rsd first and drde the name of the lost, estate, or pension treat. (Do not furnish the TIN of the personal res eaentathre or leader, unless the legal enthy Itself is not denigrated In the account titiaJ Also see Special Nile IarparfdarePips on page 2. 'Note. Grantor also most pradde a Farm W-9 to trustee of trust. Not.. If no name Is ckcled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, Si or other identifying Information, without your permission, to commit fraud or other cdmes. An Identity thief may use your SSN to get a job or may file a tax return using your SSN 10 receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer, If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or waiter, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more Information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing economic home or a system problem, or are seeking help In reaolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (IFAS) assistance. You an reach TAS by calling the TAS tall -free case Intake line at 1-677-777-4778 or TTY/TDD 1-800-829-4059. Protect yourself from suspicious smalls or phishing schemes. Patching is the creation and use of email and websites designed to mimic legitimate business smalls and websites. The most common act is sanding an email to a user falsely claiming to he an established legitimate enterprise in an attempt to scam fire user' into sort boosting private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via smalls. Also, the IRS does not request personal detailed Information through small or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit used, bank, or other financial accounts. It you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@lm.gov. You may also report misuse of the IRS name, loge, or other IRS property, to the Treasury Inspector General for Tax Administration (NGTA) at 1-800-366-4484. You can forward auspicious smalls to the Federal Trade Commission at: spa miluce.gov or contact (hem at www.fte.govlidlhog or 1-877-1 DTH EFT (I.877 -43B-4338). Visit IRS.gov to learn more about Identity theft and how to educe your risk. Privacy Act Notice Section 6199 of the Internal Revenue Code requires you to or sales your correct TIN to persons md"ding federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other Income paid to you; mortgage In latest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to If. Information returns with the IRS, reporting the above information. Routine uses of this Information include giving It to the Department of,Iurtho for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be dlsmlosed to other countries under atreaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 34(1 payers must generally withhold a percentage of taxable times I, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent Information. 750-52 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF A PORTION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 1241 W. ST. ANNE PLACE (APN 015-215-10) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Resolution No. 2017 -XXX Exhibit 3 Page 1 of 8 750-53 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. A portion of the real property located at 1241 W. St. Anne Place (APN 015-215-10), in the City of Santa Ana, California consisting of approximately 266 square foot of property to be acquired in fee title, together with approximately 650 square feet of property for an eighteen month (18) temporary construction easement. The property, as described in Exhibit "A" and temporary construction easement as described in Exhibit are necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project"). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 8 750-54 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney J n M. Funk Assistant City Attorney Miguel A. Pulido Mayor 750-55 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 8 Clerk of the Council City of Santa Ana 750-56 6/20/17 EXHIBIT A LEGAL DrSCRI 'noNITER RIGHT OR WAY PURPOSES INTUB} Cl'L'Y OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, SLtINO A PORTION OF LOT 21 OF TRACT NO. 1363, PER MAI' ICECORDIID IN BOOK 41, PAGE 47 OF MISCELLANEOUS MAPS, M THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, SAID PORTION LYING SOLrrj 4 ESTEW.Y AND WESTERLY OF TEE FOLLOWING D1/SCRIBED LINE: COMMENCING AT THE INTERSEC'17014 OF TIM CENTERLINES OF BRISTOL STT SET AND SAINT ANNE PLACE, AS SAID IS SHOWN ON SAID MAP; THIENCE, ALONG SAID CENTERLLNR OF SAINT ANNE PLACII, SOUTII 8010-21"ENST. 55.22 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH L°49.39' EAST, 30.00 VERT TO A POINT IN THE NORTH LINE OF SAID SAINT ANNE PLACE, SAM POINT BEING THE TRUE PDXI'M OE BEGII VOIC: TEt CE NORT1I44°50'53"WP.ST, 16.50 FEET; THENCE, NORTH O°06"22" EAST, 112.33 FEEL TO THE WEST LINE OF SAID LOT d'off,c i ciaYv`.-EIiA sSiP,f �4khi. r Isb€ a°G ALL AS SHOWN ON EXHIBIT'S', ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. SCEIEECT TO COVENANTS, CONDITION,% RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND MORT'S OF WAY, IF ANY. TIES DESCRIPTION HAS SEEN' PPP///s`u///ANO SUgL, RED BY MR ON SEPTI SEPTEMBER 22, 2015 MOmnyki Cuj,mo ANTHONY C. CUOMO, PIS 6042 Eo.Qd2 ��N hHlf OF CA1-\F0��� Pee Acquisition Area Resolution No. 2017 -XXX Page 5 of 8 750-57 11 p,LPI-LAHO r �. yr Np. epM12 (vJ I � I M1'OF CP,-tf a LOT 20 LOT 19 a � m PI �-- I r- • Resolution No. 2017 -XXX Page 6 of 8 P•Q•�• M S'C ANNE PL OflISTOL STREET IMPIftOVLTMEWYS -- T = JO' q PHASE IV WARNL"R AVENUE TO SAINT ANDREW PLACE PROJECT Ne. 11-6941 4 A5360:., IB(C.. EHHNT 'D• APaulp SICEYCH YO ACCOMPANY LECAL DESCWtP'TION qUE U20W-14 pATE 0 21-2010 SNZE( 1 OP 1 1% (7ta) T/7–YUM1t —� Fee Acquisition Area 750-58 znmale-020 in` I cu to :n' TRACT 1383 MINI. 41/47 rn m aw .N W LOT 21 LOT 22' LI N88' 10' 21'W 42. 95' L2 5. 26' , ry z L3 M1' 49'39'E 30. 00' 0 4 I go' 93 W i g6•S ,PaN•B._ g 6=q9"56'35'W' R=30.00 L2 m o L=15.70' L1 W Nefl• SO' 23-w ID Resolution No. 2017 -XXX Page 6 of 8 P•Q•�• M S'C ANNE PL OflISTOL STREET IMPIftOVLTMEWYS -- T = JO' q PHASE IV WARNL"R AVENUE TO SAINT ANDREW PLACE PROJECT Ne. 11-6941 4 A5360:., IB(C.. EHHNT 'D• APaulp SICEYCH YO ACCOMPANY LECAL DESCWtP'TION qUE U20W-14 pATE 0 21-2010 SNZE( 1 OP 1 1% (7ta) T/7–YUM1t —� Fee Acquisition Area 750-58 znmale-020 6/20/17 IWIN11.3111i:3 LEGAL DESCRIPTION FOR RIGHT OF WAY PURPOSES—AP No. 01541540 BEING A 5100 FOOT STRIP, IN THE CITY OF SANTA ANA, COUNTY OF O.EANGB, STATE OF CALIFORNIA, SAID STRIP BEING A PORTION OF LOT 21 OF TRACT NO. 1353, PER MAP RECORDED IN BOOIC 41, PAGE 47 OF NUSCELLAN12OUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, THE WESTERLY LINE OF SAID STRIP BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTFIIS13CTION OF THE CENTERLINES OF BRISTOI. STREET AND SAINT ANNE PLACE, AS SAID IS SHOWN ON SAM MAP; THENCE, ALONG SAID CENTERLINE OF SAINT ANNE PLACE, SOUTH SS°10'21"EAST, 55.22 FEET; THENCE, PERPENDICULAR TO SAID CENTERLINE, NORTH 1°49'39" EAST, 30.00 FEET TO A POINT IN T1 IE NORTH LINE OF SAID SAINT ANNE PLACE, SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE NORTH 44°50'53" WEST, 16.50 FEET; THENCE, NORTH 0°06'22" EAST, 112.33 FEEL TO THE WEST LINE OF SAID LOT THE EASTERLY LINE OF SAID STRIP SHALL BE LENGTHENED OR SHORTENED TO TERMINATE SOUTHERLY IN THE SOUTH LINE OF SALE) LOT 21 AND NORTHERLY IN TUR NORTH LINE OF SAID LOT 21. ALL AS SHOWN ON ERPIIBIT'13%ATTACHED HERETO AND BY THIS REFERENC13 MADE A PART HEREOF. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OF RECORD, AND RIGHTS OF WAY, IFANY. THIS DESIO CRP IO HAS 13ELNPREPA SEPTEMBER 22,2015 M�IionyJclCuomo ANTHONY C. CUOMO, PLS 6042 l� lre 'Jq�ePF CA4\FOF�`P Temporary Construction 6asemenL Resolution No. 2017 -XXX Page 7 of 8 750-59 Resolution No. 2017 -XXX Page 8 of 8 Temporary Construction Basement 750-60 ppb Lnrvp I^.-26.17'—I 1 y1rr a ep�tiP" 40 ��= C C,Aa ,pA �I Lal I OP CAlt1D LT235 OT 19 a F 9 V T 1303 m z o a N Kat/k7 J 0, I 1�– o `I T B2 mo m ^ B'21'W ' ry I w '39'E ' 53 Iwo � N4hp .rvr I 16,5 � A-W 56'35°W o I R=10.00 L2 I m o L=15, 70' Ll N I RBB' 10a2 IJ M 22',�_ PL— L._,20 I — .2026' iP,E,C. ST ANNE Pl_ ORISTO. STREET p/IDENINO - FNADC IV WARNER AVENUE TO DAINT ANDREW 1"y, gp PLACE PROJECT Nn. 11•-6941 TEMPORARY CONSTRUCTION MASEMM147 F .IOHNSON-FRANK A ASDOC., INC. E)(HIDIT '®• Aw No. O15WUL1O DRETCH TO ACCOMPANY LEaAI. DESCRIPTION W!D SUMEYINY - MMPINO .,a E. xuwere gvervDE pNAHEIMGKvyDRNIA-B2RD]�2099_ -- phlE_49-]O-P�iS 6Hw 1 or 1 Resolution No. 2017 -XXX Page 8 of 8 Temporary Construction Basement 750-60 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 1301 WEST CAMDEN PLACE (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 69 1G; 3 2C) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 1301 West Camden Place (APN 408-334-18) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2017, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 1301 West Camden Place is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on January 30, 2017, in the amount of $500,000 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75P-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 1301 W. Camden Place June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $500,000 are appropriated in the Bristol Street Improvements Project (No. 116741), Measure M2 Street Construction Fund (Account No. 03217663-66100), for transfer to the State Treasurer's Office Condemnation Deposits Fund in FY 2016-2017. Fird Mousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 75P-2 MATCHLINE SEE BELOW RIGHT f I i I i 140a-aa0•n j ST GERTRUDE PL I lags-a71.o1! I i 408.471.17 R W co J O m 676.1fJa-23; f n1r,-ie4.aa, ��'P"1b-19A•2F; ' y — - yo 6J19 -3p! b15-194-29: 01, -ie ag t WARNER AVENUE LEGEND; . suoirm PFOPERTY - 'Ui-L 4NIU15ITIDII A-acoutReo rp, -Trp nEe I I ST ANDREW PL N. 1 CAR PL I I - F;v/, •-�-. T... �L a GLENWOOD PL --T--7 --- f--.-1— I i I I I I CAMDEN PL �ST ANNE PL EXHIBIT 1 -r--r..r-- i MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC ^ CITY COUNCIL INTEREST AND NECESSITY FI■ I,�+ A l AGENDA DATE: PROPERTY AT 301 WISITON OF REAL EST CAMDEN PLACE VVV� JUNE 20, 2017 (PROJECT NO. 116741 NONGENERAL FUND) PUBLIC WORKS A"6GY [Strategic Plan No. 6, 1G; and 3, 2C1 75P-3 PAGE 1 OF 1 Bristol Street Improvements —Warner Avenue to Saint Andrew Place Parcel File No. 408-334-18 Owners of Record: Additional Owner(s) of record Property Address: Pedro Castrejon and Natividad Castrejon, husband and wife as joint tenants N/A 1301 W. Camden Place Santa Arta, CA 92704 This is to acknowledge receipt of the offer package containing the'Fallowing items: Offer letter dated January 30, 2017 which includes; • Preliminary Report Issued by Title Company (Attachment 1) . Property Legal Description (Attachment 2) • Statement of Just Compensation (Attachment 3) • Summary Explanation Statement (Attachment 4) • City of Santa Ana Handbook on Acquisition (Attachment 5) • Your Flights Under Title VI (Attachment 6) • W-9 Form (Attachment 7) Please return the SIGNED Receipt of Offer Package in the envelope enclosed. Pedro Castrejon, an individual Natividad Castrejon, an individual EXHIBIT 2 75P-4 M Rate January 30, 2017 CITY OF SANTA ANA 20 Civic Center Plaza : RO. Bax 1888 Santa' Ana, California 02702 714.547.5013.. XW Hg1A•aoa ora Pedro Castrejon and Natividad Castrejon 1301 W. Camden Place Santa Ana, CA 92704 ACTING CITY MANAGER: Gerardo:Mooet CITY ATTORNEY Santa. R. Carvelho CLERK OF THE COUNCIL: -Marla D. Hulzar Via Certified Mail SUBJECT REVISED OFFER TO ACQUIRE PROPERTY AT 1301 W, CAMDEN PLACE, SANTA ANA, CA 92704 APN: 408.334-18. Dear Mr. and Mrs. Castrejon; This offer supersedes all previous Offers to Acquire. The City of Santa Ana ("City") is proceeding with its plans to construct Phase 4 of the Bristol Street Improvements Project between_ Warner Avenue and Saint Andrew Place. The City obtained apreliminary title report that lists Pedro Castrejon and Natividad Castrejon, husband and wife as joint tenants to be the vested owner of the above-mentioned property as shown in Attachment 1, The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property' No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of tftle. if more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised to determine its fair market value. The appraisal was conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land. Based on the appraisal, the City offers to purchase your Property for $500,000.00. The basis of this offer is explained more thoroughly in the attachments to this letter that are made part of this offer by reference. This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. 75P-5 1301 W. Camden Place January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3, The City of Santa Ana Acquisition Handbook provide that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made tc use the power of eminent domain to acquire your property. 75P-6 1301 W. Camden Place January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Jesse Ortiz from Epic Land Souitions, Inc. at (310) 626-4843. Sincerely, Jason Gabriel, Principal Civil Engineer 75P-7 Tifle e., rirnir v 11 1y F%UPUrt,. i,r. ATTACHMENT i CLTA PrellniluarV Report Foray tlyder Number; 0625.4445776 (Rev; 11/06) page Number; 1 First American Title CbmpanV 323 tolirtSireet San Rovi ar4mb, CA 9244 Cus�grpeY Refereflce; orderIumbert 0625-4945776 (22) Tule [33if0r: Matt Hooks Pbone: (90J)380-873$ FaxNQ:° (6G)56G-399A Mail: mh'aolcs@flrskam.cam Arop6 t 1301West.CamdenPlace Sa itz Ana, CA ORE1,IMXNARY REPORT it is inipnitaritto note thatthis pyellinifreryroitai is note wtltgrt yepPaanntatia7 alto the covdirjoh ofHtia an`divapnn't Met all liens,dafeasma.ancnm6rancesnffe gtR(etofilaland, First AmoriGan Tltla Flim rlmorlmn 7 t!Q Pagel oF13 75P-8. First American Title Order Number: 6625-4445776 Page Number: 2 Dated as of July 02, 2013 at 7:30 A.M. The form of Policy of title insurance contemplated by this report Is: To Be Determined A specific request should be made if another farm or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: PEDRO CASTREJON AND NATIVIDAD CASTREJON, HUSBAND AND WIFE AS JOINTTENANTS The estate or Interest in the land hereinafter described or referred to covered by this Report Is: FEE The Land referred to herein Is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions In said policy farm would be as follows: 1. General and special taxes and assessments for the fiscal year 2013-2014, a lien not yet due or payable. 2. The lien of supplemental taxes, If any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement shown or dedicated on the Map as referred to in the legal description For: Public utilities and incidental purposes. 4. Covenants, conditions, restrictions and easements In the document recorded as Book 2979, Page 159 of Official Records, which provide that a violation thereof shall not defeat or render Invalid the lien of any first mortgage or deed of trust made In good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants in senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded as Book 2922, Page 120; in Book 3451, Page 119; Book 3641, Page 171 and in Book 3769, Page 429, all of Official Records, First Ame rican Title FIrstAmerlcan lit/e Page 2 of 13 75P-9 First American Title Order Number: 0525.4445775 Page Number: 3 An easement as contained in the above document. For: Either or both pole lines, conduits and incidental purposes. 5, An easement for either or both pole lines, conduits and incidental purposes to the document recorded as Book 2891, Page 102 of Official Records. 6. An easement for either or both pole lines, conduits and incidental purposes In the document recorded as Book 2905, Page 184 of Official Records. A deed of trust to secure an original indebtedness of $315,000.00 recorded February 07, 2007 as Instrument No. D7-82837 of Official Records. Dated: January 31, 2007 Trustor: Pedro Castrejon and Nativldad Castrejon, husband and Wife Trustee: Golden West Savings Association Service Co., a California Corporation Beneficiary: World Savings Bank, FSB, its successors and/or assignees, a Federal Savings Bank B. Rights of parties in possession, First American Title FirstAmer/can Title Page 3 d M Wt First American Title INFORMATIONAL NOTES Order Number: 0825-449577E Page Number: 4 Note: The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be Included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that Is to be issued in connection with your transaction. General and special taxes and assessments for the fiscal year 2012-2013 First Installment: $1,469.65, PAID Penalty: $0.00 Second Installment: $1,469.65, PAID Penalty: $0.00 Tax Rate Area: 11-102 A. P. No.: 408-334-18 2. This report is preparatory to the Issuance of an ALTA Loan Policy. We have no knowledge of any fact which would preclude the issuance of the policy with CLTA endorsement forms 100 and 116 and If applicable, 115 and 116.2 attached. When issued, the CLTA endorsement farm 116 or 116.2, if applicable will reference a(n) Single Family Residence known as 1301 West Camden Place, Santa Ana, CA. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None The map attached, If any, may or may not he a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage Is expressly provided by the terms and provisions of the title Insurance policy, if any, to which this map is attached. First American Title FirstAmerican Title Page 4 of 13 75P-11 FirstAmerican Title First American Title tstef1CRf? rifle Order Number: 0620-4445776 PageNurrb4n 5. FrrstArtrertcan"Ve COMpaoyY 30 Coult Sb'eet Sea eernardtgo, C&M01 (951)747-1700. Fax - WIRE INSTRUCTIONS for First American Title Company, Demand/DraftSnb-Escrow Deposits Riverside County, California First American Trust, P511 5 First: American Way Santa Ana, CA 92707 Banking Services: (877) 600.9473 ABA '122241255 Credit to First American Title Company Account No. 3004460000 -ReferenceTitie Order Number 4445776 and Title Officer Matt Hooks Please wive the day before recording. FirstAmeikan Title Page 5 of 13 75P First American Title LEGAL DESCRIPTION Order Number. n625-4445776 Page Number: 6 Real property in the City of Santa Ana, County of Orange, Stake of Californla, described as follows: LOT 37 OF TRACT NO. 2209, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 64, PAGE(S) 25 AND 25, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS NOW AND HEREAFTER IN, ON AND UNDER THAT PART OF THE ABOVE DESCRIBED LAND LYING BELOW A PLANE 500 FEET BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY OR ANY RIGHT TO MINE, DRILL FOR, OR CONDUCT ANY OTHER OPERATIONS ON OR FROM THE SURFACE OF SAID LAND, OR IN THAT PART ABOVE A PLANE 500 FEET BELOW SAID SURFACE, FOR THE PURPOSE OF EXPLOITING FOR, DEVELOPING, RECOVERING, PRODUCING, REMOVING OR MARKETING OF AN OF SAID SUBSTANCES AS RESERVED IN A DEED TO JOHN P. GEORGE AND WIFE, RECORDED FEBRUARY 2, 1961. APN: 488-334-18 First American Title FllstAmerlcan iitle Page 5 d 13 75P-13 First American Title anrrrv� W. u 3J "d Order Number: 0525.4445775 Page Number: 7 3086,jN30 15 5 k Ia e7d8 IR 3NNv 15'a O O tl Q Q Q t..)"-- (Ho Q n. R aq 0 R •g S7 '• Ra 0 O` O O aL (D Q= Q a a 0 =00 Q (H) k Ia e7d8 IR 3NNv 15'a n 30v7ds 8 s; N3OlvvO $ O O O Q Q Q t..)"-- (Ho Q n. R aq 0 R N S7 '• Ra a `- e E) Q S (D Q= Q a a 0 =00 Q (H) (9' d n 30v7ds 8 s; N3OlvvO $ 430V7d OOOMN970 'y O O O Q Q Q Q Qi Q: R q3 2 C S7 (D a `- e E) Q S (D Q= Q a a 0 (H) Q (H) (9' d 430V7d OOOMN970 'y 37v7dy NO17NV9 y Q' Qs O O O O O Q O 59ev7d �I (" MS'NONV 1S x ez Firstknerican Title Page 7 cf 13 First American Title 75P-14 pW h CmV <Ui ¢N44� y P2o2 N�3 H O O O O Q Q Q CO= O (D a `- e E) Q S (D Q= Q a 37v7dy NO17NV9 y Q' Qs O O O O O Q O 59ev7d �I (" MS'NONV 1S x ez Firstknerican Title Page 7 cf 13 First American Title 75P-14 pW h CmV <Ui ¢N44� y P2o2 N�3 H First American Title NOTICE Order Number: 0625^4445776 Page Number: 0 Section 12413.1, of the California Insurance Code, effective January 1, 1990, requires that any title insurance company, underwritten title company, or controlled escrow company handling funds in an escrow or suh-escrow capacity, wait a specified number of days after depositing funds, beCnre recording any documents in connection with the transaction or disbursing funds. This statute allows for funds deposited by wire transfer to be disbursed the same day as deposit, In the case of cashier's checks or certified checks, funds may he disbursed the next day after deposit. In order to avoid unnecessary delays of three to seven days, or more, please use wire transfer, cashier's checks, or certified checks whenever possible. If you have any questions about the effect of this new law, please contact your local First American Office for more details. First American Title FhstAmerlcan Title Page 0 of 13 75P-15 ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS; LOT 37 OF TRACT NO. 2209, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 64, PAGE(S) 25 AND 26, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS NOW AND HEREAFTER IN, ON AND UNDER THAT PART OF THE ABOVE DESCRIBED LAND LYING BELOW A PLANE 500 FEET BELOW THE SURFACE OF SAID LAND, BUT WITHOUT THE RIGHT OF ENTRY OR ANY RIGHT TO MINE, DRILL FOR, OR CONDUCT ANY OTHER OPERATIONS ON OR FROM THE SURFACE OF SAID LAND, OR IN THAT PART ABOVE A PLANE 500 FEET BELOW SAID SURFACE, FOR THE PURPOSE OF EXPLOITING FOR, DEVELOPING, RECOVERING, PRODUCING, REMOVING OR MARKETING OF AN OF SAID SUBSTANCES AS RESERVED IN A DEED TO JOHN P. GEORGE AND WIFE, RECORDED FEBRUARY 2, 1961. ;40B -334- 75P-16 ATTACHMENT STATEMENT Or JUST COMPENSATION Assessor's Parcel: 408-334-18 Property Owner: Pedro Castrejon and Natividad Castrejon, husband and wife as joint tenants. Property Address: 1301 West Camden Place Santa Ana, California Location of Parent Property: Northeasterly terminus of Camden Place, beginning 490-L feet east of Poplar Street, within the corporate limits of the City of Santa Ana. Description of Parent Property: The property is presently improved with a single family residence of wood frame and stucco construction. The floor plan includes a living room, dining room, kitchen, 3 bedrooms, and 1'/ bathrooms. The dwelling contains 1,008 square feet of permitted living area with an additional 203 square feet of apparently unperraitted living area. Further, a portion of the garage has been converted to nonconforming living quarters. The dwelling as originally constructed in 1957; it is unknown when the addition and garage conversion were constructed. Other appurtenant on-site improvements located within the boundaries of the subject parcel include a two -car attached garage, wood frame patio cover, canopy structure, concrete paving, concrete block walls, chain link fencing, wood fencing, wrought iron fencing, inground irrigation system, and ornamental landscaping. Overall condition is rated average -good, considering the age. The development is situated on a parcel containing 8,276 square feet of land area. Zoning: Bristol Street Corridor Specific Plan. The property has been considered and appraised under the previous zone classification of R-2 (two family residential) as a means of avoiding project influence. Topography: Effectively level topography. Utilities: In place at site. Highest and Best Use: Highest and best use is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Residential development. 75P-17 STATEMENT OF NST COMPENSATION As improved: Existing use. Date of Value: December 22, 2016 Public Use for Property: Bristol Street Improvement project. Estate to be Acquired: Fee simple acquisition of entire subject property. Legal Description: Lot 37, Tract No. 2209, per map recorded in Book 64, Pages 25 and 26 of Maps, in the office of the County Recorder, County of Orange, California. Area to be Acquired: 8,276 square feet of land area (full acquisition). Market Value: $500,000. Summary of the Basis for Just Compensation There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach. The Sales Comparison Approach is the only approach considered applicable as a reliable indicator of value. The Cost -Summation Approach is without meaningfut application due to the age and nonconforming status of the existing development and resultant difficulty in accurately estimating accrued depreciation. The Income Capitalization Approach has not been applied inasmuch as the subject property would not typically be acquired for investment -type purposes. Sales Comparison Approach: The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the Principle of Substitution, which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in malting the substitution." Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. The Sales Comparison Approach has been applied to the subject property after an investigation and analysis was conducted of single family residential properties located within the immediate and general subject market area. Following is a summary of those sales considered helpful when estimating the value of the subject property as presently improved. Data Date Lot Dwelling Size Br/Ba On-site Land/Bldg. Size Built Parkin Ratio 1. 6-16 6,039 sf 1,120 sf 3 br/l%ba 1959 2 -gar. 5.39:1 2010 West Edison Way, Santa Ana $505,000. $ 67.33 2. 7-16 6,003 sf 1,231 sf 3 br/1'/a ba 1963 2 -gar. 4.88:1 1821 West Carlton Place, Santa Ana 3. 8-16 7,500 sf 1,234 sf 3 br/13/a ba 1958 2 -gar. 6.08:1 1618 West Lingan Lane, Santa Ana 75P-18 Sale Price $/Sly Land $/SP Dwel. $495,000. $ 81.97 $44196 $475,000. $ 79.13 $385.87 $505,000. $ 67.33 $409.24 4. 8-16 6,300 sf 1,091 sf 3 br/1'/4 ba 1955 2 -gar. 5.77:1 $480,000. $ 76.19 2034 South Spruce Street, Santa Ana $439.96 5. 10-16 6,000 sf 1,167 sf 3 br/1'/, ba 1962 2 -gar. 5.14:1 $508,000. $ 84.67 2526 South Artesia Street, Santa Ana $435.30 6. 11-16 7,241 sf 1,260 sf 3 br/1 ba 1950 2 -gar. 5.75:1 $475,000. $ 65.60 1422 South Rosewood Avenue, Santa Ana $376.98 All of the properties surveyed are located within the immediate and general subject market area. The properties contain dwellings ranging in size from 1,091 to 1,260 square feet of living area, and were originally constructed between 1950 and 1963. The floor plans range from 3 bedrooms/I bathroom to 3 bedrooms/1'/4 bathrooms. The parcels range in size from 6,000 to 7,500 square feet of land area. After viewing each of the sale properties, and verifying details of the various transactions, the primary unit of analysis employed herein is the overall purchase price. Two other factors developed from the residential sale properties were utilized as secondary units of analysis; they are the (1) overfill purchase price per square foot of land area, and (2) overall purchase price per square foot of building area. 'The overall purchase prices range from $475,000 to $508,000. The purchase prices produce a range of value of $65.60 to $84.67 per square foot of land area, and $376.98 to $441.96 per square foot of dwelling area. The land/building area ratio was also considered in the analysis of the improved residential sale properties when compared to the subject property. The subject property has a ratio of 8.21:1, exclusive of nonconforming room additions. As can be noted, the land/building area ratios of the sale properties range from 4.88:1 to 6.08:1. All of the sales employed herein conveyed title to the fee simple interest, and represent arm's-length. transactions. Pinancing terns of each sale were typical of the subject market area. Adjustments are not warranted for property rights conveyed, conditions of sale, or financing terms. Certain of the sale properties considered extended over a time period back to the second quarter of 2016. The time frame permitted the development of a rather comprehensive real estate market profile. The improved sale properties employed in this study are set forth in chronological order, and took place between June, 2016 and November, 2016. Inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: General location, Immediate environmental iuflucnces Zoning. Land size and configuration, Dwelling age and condition. Typc/capacity of on-site parking. Vehicular and pedestrian access. Topography, view amenity. Dwelling size, No, of bedrooms/bathrooms. Construction quality. Extent of on-site improvements. A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement 75P-19 The Relative Comparison Analysis is similar to paired data analysis without the use of arbitrary or unsupportable quantitative adjustments. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof. Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in making the analysis of each property. The immediate environmental influences, land area, effective dwelling age/condition, overall construction quality, dwelling size, number of bedrooms/bathrooms, parking capacity/type, and extent of other on-site improvements were considered the most important factors in the subject case, Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a properly in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. Allowance was made for these factors when considered applicable. All of the sale transactions employed herein were considered helpful in the valuation analysis of the subject property. Following is a summary relating the overall comparability of the individual sale properties to the subject site: Overall Data Comparability Sale Price 6 inferior $475,000. 2 inferior $475,000. 4 similar $480,000. 1 similar $495,000. Subject - - - - $500,000. similar $505,000. similar $508,000. Based on the foregoing, the value of the subject property, as indicated by the Sales Comparison Approach, is estimated at $500,000, which reflects $60.42 per square foot of land area, and $496.03 per square foot of dwelling area. Final Estimate of Market 'Value: Based on (1) an analysis of the various sale properties, (2) the overall condition, quality, and features of the subject property, and (3) current real estate market conditions in the general market area, the market value of the subject property in as -is condition, as of the date of value set forth herein, is estimated at $500,000. 75P-20 ATTACHMENT SUMMARY EXPLANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lion holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the fall amount believed by the City to be just compensation for the property taken; Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for suchpubhc improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other will full Imowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75P-21 ATTACHMENT 5 A HANDBOOK CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75P-22 Dear Property Owner Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice, Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75P-23 TABLE OF CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE MY PROPERTY? I WHO MAKES THE DECISION TO BUY MY PROPERTY? 1 HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? 1 WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF JUST COMPENSATION? CAN I GET AN APPRAISAL? MUST I ACCEPT THE CITY'S INITIAL OFFER? MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? IF I AGREE TO ACCEPT THE CITY'S OFFER, HOW SOON WILL I BE PAID? WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? WHAT IS AN ORDER OF POSSESSION? WILL I HAVE TO PAY ANY SETTLEMENT COSTS? MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? WILL I 14AVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? HOW SOON MUST I MO VE? AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? I AM A VETERAN, HOW ABOUT MY GI LOAN? MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTIiER QUESTIONS ABOUT THE PROCESS? 75P-24 3 3 3 4 4 4 4 5 5 6 6 6 6 7 7 7 WHY IS MY PROPERTY REQUHLED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Street. WHAT RIGHT DOES THE CITY HAVE TO ACQUIRE, MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively, For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain. The rights of each of us are protected by the Fifth and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAKES THE DECISION TO BUY MY PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for yew property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 75P-25 HOW DOES AN APPRAISER DETERMINE TILE FAIR MARKET VALUE OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: How it compares with similar properties in the area that have been sold recently. How much it would cost to reproduce the buildings and other structures, less any depreciation. • How much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in you' best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors: • The amount of work required to appraise your property, • The availability of funding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a areitten purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the full amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged, WHAT IS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS DE'T'ERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 75P-26 • The date of valuation, highest and best use, and applicable zoning of property. • An accurate description of the property to be acquired. • A list of the improvements covered by the offer. • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value. • The amount: of the offer. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza M-36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment fi,om you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to snake suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may make a revised offer, MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75P-27 IF I AGREE TO ACCEPT THE CITY'S OFFER, IIOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title evidence is a legal record of ownership of the property, it identifies the owners of record and lists the restrictive deed covenants and recorded mortgages, liens and other instruments affecting your ownership of the property.) WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER BY THE CITY? if you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? The power of eminent domain may only be exercised if: 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions. The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condenmation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence. as to the value of your property. The City will have the same right. After hearing the evidence of all parties, the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court axe your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OF POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75P-28 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the light to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early witlidrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and casts as provided by law. WILL I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of. Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period after the City acquires your property. Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City, MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know, If you do arrange to keep any improvemcnt(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense,) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a new location. 75P-29 CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under those circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? If you (or your tenant) wish to remain in the property after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fain rental value of the property to a short-term occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of rent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condetunallon, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share, Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a) The owner of a business conducted on the property taken, or on the remainder if such property is part of larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 75P-30 (4) Compensation for the loss will not be duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill' consists of the benefits that accrue to a business as a result of its location, reputation for dependability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A VETERAN, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAY CAPITAL, GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (IRS) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale raider the threat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75P-31 Epic Land Solutions, 1ne• 2601 Airport Drive, Suite 130 Torrance, CA 90505 Phone: (310) 956-2960 tax. (310) 891-3348 CITY OF SANTA ANA TITLE VI INFORMATION PAC"GE The project proposed by the agency listed above will be receiving federal financial assistance, Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States gball, an the grounds of race, color, or national origin, be excluded from patticipation.in, be denied the benefits of, or be subjected to discrimination wider any program or activity receiving Federal financial assistance, Other statutes provide protection against discrimination on the basis of sex, age or disability, The enclosed TitleVIPackagois being provided for y m7 information to further explain your rights_ The Parkage includes the following documents: ■ TitleVIBooklet w Title VI of the 1964 Civil nights Act and. Related Statutes • Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope ■ Right of Way Title VI Discrimination Complaint Form • The U.S. Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title VI Su-ncy form be completed and returned in the Self- addressed stausped envelope, If you react or speak a language different than English, please write your name and address on the tap of the page and check the appropriate box on the Language Identii(iicationFlashcardi or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principle Civil Erngineer City of Santa Alia 20 Civic Center Plaza M-36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www1picl.and,com 75P-32 �n ,4 u00 .j LU CQ Chi arm a M -. 00 "W g,.X00 �pT F - h n e ya`j 0 vi 4 M tg O �i m_ 4 vi N o O rn M_ O —00 0o2mNOwv`�, :° �Owm�.�i2 } Q v r Q w CSN N '—..'3qm M wo 'cP Wc..:N u a 4 U im A h U w a ui. `ti S� U Ji u c. ^' �- u ry �'n tJ IY v O rn U ii U J O0 A d h 5 co Ov`vi �v'mi 75P-33 S ro A _ 3 � •a (b o a a s c� �.c 0 � '� •C3 o L H A'N .0. © w .e. ,A m U c 0 w v :n a a .°10 b. ar o u v ° 4i A w" ° a u F. A _ 3 � •a ,4 °LCL 4 L`c `d '� •C3 o W ,b �C' b �w 4 > _CiI F v :n ` V Y 4 O r4 4i ° a u 0 ge v U L 7 v d id O m 4 tt a-13 .� '{1,. 75P-34 `d '� •C3 `^ � �C' b +44. ts ^aigaR ` V Y 4 O r4 4i 0 ge b o m 4 tt a-13 .� '{1,. W tl tl m. 75P-34 0 ge b o m L^ tt a-13 .� '{1,. W tl tl m. TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page 1 of 2 NONDISCRIMINATION STATUTES • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under ally program or activity receiving Federal financial assistance:" (YI20HIBI"fS DISCRIMINATION 1N IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrhnination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance. and Real Property Acquisition Policies Act of 1970, 42 U.S.C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whotber a recipient has not compiled with, applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title Vf of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacement ... (to maintain)... the economic and social well-being of communities; and... to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75P-35 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Page 2 cf2 The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discriminalion by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term `make and enforce oentracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment by non-governmental discrimination and impairment under color of State law." Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(I) It shall be unlawful... to refuse to sell orient after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRIMINATION IN THE SALE OR RENTAL OF HOUSING — HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) . The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. Title IX of the Education Amendmonts of 1972 Makes financial assistance available to institutions of higher education to: ('1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. Section 504 ol'the Rehabilitation Act of 1973,29 U.S.C. 790, provides that: "(N )o qualified bandicapped person shall, solely by reason of his handicap, be excluded from participation in, be, denied the benefits of, or be subjected to discrimination under any program or activity that receives or bene'fit's from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FFIWA Publication No. FHWA-HCR-06-006 75P-36 TITLE VI SURVEY PERSONAI, INFORMATION NOTICE, Pursuant. to the Federal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, at seq.), notice is hereby given for the request of personal information by this form. The rerinested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this form. The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible tinder Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office, Expenditure Authorization NON-DISCRIMINATION All persons affected by State h'ansportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and retain this form in the enclosed envelope. The furnishing of rids information Is voluntary. Head of household: _ Male _ Female Age: _Linder 40 _ 41-65 over 65 Race/Ethnicity: _ White _ American Tribe Black Pacific Islander _Hispanic _ Other Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering any physical disability or medical condition? _ Yes —No Are you a tow -income family? Enclosure _Yes _No 75P-37 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (RL 99579) and the Information Practices Act of 1977 (clvll Code Seailons 1798, at ser.), nallce he hereby given for the request or personal Information by this form. The requested personal Infmmblloh Is voluhlary. The principal purpose of the voluntary infarmalion Is to facilitate the processing of Ihie form. The Fall.. to p.?do all or any pad of the requested Information may delay processing of this form. No disclosure of pemonal information will be made unless penniesibio under Article e, &oclion 1798.24 of the IPA of 1977. Each Individual has the right upon requeel and proper Ide aiflwtion, to inspect all personal information In any rnemd ainlai ad oa the ladryd.al by an Marauding articular, Direct any In uldes on infarmalion maintenance to your IPA more. Dist Co Rte Post BASIS OF DISCRIMINATION ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Diability ❑ Low -Income ❑ Nan -English Speaker Provide date(s) and place of alleged discrimination Describe the nature of the action, decision, of conditions of the alleged discrimination (Attach Extra Page. If Necessary) Name of individuals (if Known) responsible for the action, decision or condition of alleged Provide supporllag information known to eomplaivar7 In support of hls/har allegation Identify possible witnesses Whom the complainant believes can provide factual information about this allegation Stem NOTE, Thcuse of that, Title VI Discrimination Complaint form is not mandatory. you may submit your complaint in any fomr that contains your signature 75P-38 ' [vonomioc anJ.8.40E os AJminl MAU U:S, 6BtJ5U9 UUflEAU 75P-39 1, Arabic 2. Armenian 4. Cambodian 5, Chamorro 6. Simplified Chinese 7,Traditionai Chinese B{Croa'tian 9, Czech 1a, butch 11. English 12. Fars! ,a X11 u 7 ji fi a 5 (31 yall IIA V! a. -)U Inq.pmd' Ei`li,(!.iiLhn it ltwu.wVt-.* Wj,i wnwltnttin4 � h[dla [nnuncs tpnd' t{wpppiLr h g 4wjhph'1t: Ll fi°i[i1t v 7 CSY '?tai �t�f I 6lffffSf5iw11fi�t1�tf8SS3i�e tti�fiFi18 tssttt1tit�1�51 �t'ry ❑ Motka i kahhoti ya yangin pntQngnu' matnaitai pat dnttingnu' kumentos Chamorro. El �li[�1Ftn4r('C"Glri' 171�J[fo 0macite ovaj kvadratic ako 6itate ih govortlo ltrvatski jezik, Ll Za"skrbaete auto kolonku, pokud ctete a hovoiite cesky. El Kruis dit valcje aan als u Nectet'lands kunt lozep of spreken. Mark this box if you read or speak English, —J 4 4710 I��A u I [.l; cs�,u Cr^° 9 as l y �S'� no. wee„ 11 14 nFPAPTMENT OF COMMERCE ' [vonomioc anJ.8.40E os AJminl MAU U:S, 6BtJ5U9 UUflEAU 75P-39 1, Arabic 2. Armenian 4. Cambodian 5, Chamorro 6. Simplified Chinese 7,Traditionai Chinese B{Croa'tian 9, Czech 1a, butch 11. English 12. Fars! Cocher ici si vous lisez on parlez le frangais. ❑Kreuzen Sie dieses Kdstchen an, wenn Sie Deutsch lesen oder sprechen. ❑ Etlpetware auro ro Aalalo av Slop&a ere n ptXare Ekativu<a. Ekazye sa a si ou ]i oswa ou pale kreybl ayisyen. Kos i vcj no yog koj paub Lwm thiab hais Ins Hmoob. ❑ Ielolic meg ezt a kockat, ha megErti vagy beszEli a magyar nyelvet. Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. El Marchi questa casella se Legge o parla italiano. ❑ V-" s 0.1714 p9s� 01 R.hl hl " . El 2aiw iu2�2s�v jos ius�v nd�nw��7aro , ❑ Prosimy o zaznaczenie tego kwadrata., jezeli poshiguje sig Pan/Pani jgzykiem polskim. 75P-40 13. French 14. German 15. Greek 16. Haitian Creole RENUTIff 18. Hmong 19. Hungarian 20. Ilocano 21. Italian 22. Japanese 23. Korean 24. Laotian 25. Polish ❑ Assinale este quadrado se voc61e ou fala portugu@s. ❑ )nsemna(i aceasta casu(a data eiti(( sau vorbi(i ronAne§ste. IIoMeTr,Te aTOT xsaApaTrx<, ecmr Bbr TmTaeTe xma roaopxTe xo-pyccxx. ❑ 06e)IexcxTe osaj KBaApaTxli yxonxxo YxTaTe xnx roaopxTe cpncxx jemK. ❑ OzWte tento s"tvor6ek, ak viete 6ftaf alebo bovorif po slovensky. ❑ Marque esta casilla si lee o habla espailol. Markahan itong kuwadrado kung kayo By marunong magbasa o magsalita ng Tagalog. ® tUn"1lFlY0dN7J'lEla Jl U9in �I'151'IUO'IUUTt1�B11'ili"1`t YIEI. ❑ Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga. FZMiThTe Ilio KJt1TBHKy� 9KMo BH siwacw a6o rowptrre yKpafHe6KOK1 MOBOlo. ❑ _�f �1UV1aJ«°Llv{,J"I��'��'L�iasel,�I'� r ❑ Xin dinh dau vao S nay n& quy vi bi@t doc va n6i dude Viet Ngd. ❑>1>rt t� rvi �v�x vav++h rx a+rr 5vovp ova u»y+�xs ;Z. Dona IIA_ DEPARTMENT OF COMMERCE Esonomlcs and&..CEN CENSUS n,6. CEN6U6 ROREAD 75P-41 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33.Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38, Yiddish Form W'9 Request for Taxpayer Give Form to the (Rev. December 2014) Identification Number and Certification requester. Do not oepatment of the Treasury send to the IRS. Iotemal Revenue Service 1 Name (as shown on your Income tax return). Name Is required on this line; do not leave this line blank. tV 2 Business name/disregarded entity name, If different from above v N n 3 Check approprisla box for federal tax classlficailon; check only ane of the following seven boxes: 4 Exemptions (cedes apply to o m ❑ Individual/sole proprietor or ❑ G Corporation ❑ S Corporation ❑ Partnership ❑ TrusVestate certain ions os, not individuals; sea ls; see Instructions on page 3J: v C p. p .F' single -member LLC E] Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership► Exempt payee code (If any)) o Note. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting y the tax classification of the single -member owner. code (f any) 4 U ❑ Other (see Instructions)► (Applba to acmanls,,Wnnlnedoulsrm to. aa.) 5 Address (number, street, and apt, or suite no.) Requester's name and address (apklona) e a m 6 City, state, and ZIP code 0 o] 7 List account numbers) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number _m backup withholding. For Individuals, this is generally your social security number (SSN). However, (ora resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3. For other entitles, It Is your employer identification number (LIN). If you do not have a number, see How to gets TIN on page 3. Note. If the account is In more than one name, see the Instructions for line 1 and the chart on page 4 for guidelines on whose number to enter. Under penalties of perjury, I certify that: 1. The number shown on thin form Is my correct taxpayer Identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup Withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a fallum to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and S. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting Is correct, Certification instructions. You must crass out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acqulsitlon or abandonment of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not I'equll'ed to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Signature of Here I U.S. person t Date ll� General Instructions Section references are to the internal Revenue Code unless otherwise noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted atter we release it) Is at www.ka.goWfw9. Purpose of Form An Individual or entity (Form W-9 requester) who In required to file an hgormatlon return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number ISSN), individual taxpayer Identification number (ITIN), adoption taxpayer identification number (A FIN), or employer identification number (LIN), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns Include, but are not limited to, the following: • Form 1099 -INT (Interest earned of paid) • Form 1099 -DIV (dividends, Including those hom stocks or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gross proceeds) • Farm 1099-B (stock or mutual fund sales and ceheln other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K(merchant card and third party network transactions) • Farm 1098 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tuition) • Form 1099-0 (canceled dsbl) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S. person (Including a resident alien), to provide your correct TIN. If you on not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withholding? on page 2. By signing the filled -out form, you: 1. Gently that the TIN you are giving Is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or S. Claim exemption from backup withholding if you are a U.S. exempt payee, if applicable, you are also certifying that as a U.S, person, your allocable share of any partnership Income from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected Income, and 4. Gatti fy that FATCA certain) entered on this form if any) Indicating that you are exempt from the FATCA reporting, is correct. See What Is FATCA reporting? on page 2 for further Information. Cal. No. 10231X 75P-42 Form VV -`J (Rev. 12-20141 Form W-9 (Rev. 12-2014) Page 2 Note. If you are a LLS. person and a requester dives you a form other than Form W-9 to request your TIN, you must use the requester's form If It is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a US. person if you are: • An Individual who Is a U.S. citizen or U.S. resident alien; • A partnership, corporation, company, or association created or organized In the Untied States or under the laws ofth. United States; • An estate (ether than aforeign estate); or • A domestic trust (as defined in Regulations section 301.7701-7). Special roles for partnerships. Padnerships that conduct a trade or bushman In the United States ate generally requ trod to pays Withholding tax under section 1,146 an any foreign partners' share of effectively connected taxable income from such business. Further, In certain cases whore a Form W-9 has not been resolved, file rules under section '1446 require a partnership to presume that a pad net is a foreign person, and pay the capitol 1446 withhetdhig tax. Therefore, It you are a U.S. person that Is a pad net in a pannershlp conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid sec Hon 1446 withholding on your share of partnership income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade car business In the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner o1 the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S, trust (other than a grantor treat), the U.S. trust (other than a grantor trust) and not the banafictaries of the trust. Fere tgn person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to he treated a. a U.S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Farm 8233 (see Publication 515. Withholding of Tax on Nonresld.m Allans and Foreign Entitles), Nonresident alien who becomes a resident alien. Generally, only a nonresident alien Individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most lax treaties contain a provision known as a "saving clause." Exceptions specified In the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who Is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S. lax on regain typal of Income, you must attsoh a statement to Form W-9 that specifies the following five Items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident ellen. 2. The treaty crisis addressing the income. 3, The article number (or location) In the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of Income that qualifies for the exemption from tax. 5. Sufflcfent facts to justify the exemption from tax under the terms of the treaty article. Example. Ad Iola 20 of the U.S.-China Income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present In the United States, Under U.S. law, this stud ant will become a resident alien for lax purposes If his or her stay In the United Stales exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S: Chiha treaty (doted April 30, 1984) allows the provisions of Article 20 to continue to apply even after this Chinese student becomes a resident ellen of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of first protocol) and is relying on this exception 10 claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the Information described above to support that exempden. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 5233. Backup Withholding Win at is backup withholding? Persons making tannin payments to you must under certain conditions withhold and pay to the IRS 29% of such payments. This is called "backup withholding." Payments that may be subject to backup withholding Include Interest, tax-exempt Interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable Interest and dividends on your tax return. Payments you resolve will be seat act to backup withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Pert II instructions on page 3 far details), 3. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subjeri to backup withholding because you did not extent all your murder and dividends on your tax return (far reportable interest and dividends only), or 5. You do not codify to the requester that you are not subject to backup withholding under above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more Information. Also see Special rules forpadnerships above. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees we exempt from FATCA reporting. See Exemption from FATCA reporting cede on page 3 and the Instructions for the Requester of Form W-9 for more information. Updating Your Information You must provide updated Information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated Information if you are a C corporation that elects to be an S corporation, or If you no longer are fax exempt, In addition, you must furnish a now Farm W-9 if the name or TIN changes for the account; for example, If the grantor of a grantor trust dies. Penalties Failure to furnish TIN, If you fall to furnish your correct TIN to a rend cater, you are subject to a penalty of $50 for each such failure unless your failure is due to r .... cable cause and net to willful neglect. Civil penalty for false informa8an with reapepl to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying Information. Willfully falsifying aediflcatlons or affirmations may subject you to ofk incl pehalties including fines and/or Imprisonment. Misuse of Title. If the requester discloses or uses TINs In violation of federal law, the requester maybe subject to civil and criminal penalties. Specific Instructions Line i You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W -e i9 for a lolnt account, list first, and then circle, the name of the person or entity whose number you entered in Part I of Farm W-9. a. Individual. Generally, enter the name shown on your tax retum. If you have changed your last name without Informing the Social Security Administration (SSA) of the name change, enter your firat name, the last name as shown on your social security card, and your new last name. Nate. ITIN applicant: Enter your individual name as It was ant cold on your Form W-7 application, line ia. This should also be the same as the name you entered on the Form 10401104CA/1040EZ you filed with your application. I Sole proprietor or single -member LLC, Enter your individual name as shown on your 1040/104CAfl 040EZ on line 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that is not a single -member LLC, C Corporation, or Corporation. Enter the entity's name as shown on the entity's tax return on line 1 and any business, trade, or ODA name on line 2. d. Other entities. Enteryour name as shown on required U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DRA name on line 2, e, Disregarded entity. For U.S. federal tax purposes, an entity that Is disregarded as an entity separate from its owner Is treated as a "disregarded entity." Sae Regulations section 301.7701-2(c)(2)(lii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the Income tax return on which the Income should be reported. For example, If a foreign LLC that is treated ae a disregarded entity for U.S. federal tax purposes has a single owner that Is a U.S. person, file U.S. owner's name Is required to be provided on line 1. If the direct owner of the entity Is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business namefdlsrogarded entity name." If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W-0 Instead of a Farm W-9. This Is the rasa even It the foretgn person has a U.S. TIN. 75P-43 Form W -e(1 12-201 Line 2 If you have a business name, trade name, DBA name, or disregarded entity name, you may enter It on line 2. Line 3 Check the appropriate box In line 3 for the U.S. federal tax classification of the person whose name is entered on line 1. Check only one box In line 3. Limited Liability Company (LLC), if the name on line 1 Is an LLC treated as a partnership for U,S, federal tax purposes, check the "Limited Liability Company" box and enter "P" in the space provided. If the LLC has 01sd Form 8832 or 2553 to be taxed as a corporation, check the "Limited Liability Company" box and In the space provided enter "C" for C corporation or "S" for corporation. It It Is a single -member LLC that Is a disregarded entity, do not check the "Limited Liability Company" box; instead check the first box In line 3 "Individuallsole proprietor or single -member LLC" Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter in the appropriate space In line 4 any codes) that may apply to you. Exempt payee code. - Generally, Individuals (including sole proprietors) are not exempt from backup withholding. Except as provided below, corporations are exempt from backup withholding for certain payments, Including Interest and dividends. - Corporations are not exempt from backup withholding for payments made In settlement of payment card or third party network transactions. - Corporations are not exempt from backup withholding with respect to shards a' fees or gross proceeds paid to attorneys, and corporations that provide me lost or health care services are not exempt with respect to payments reportable on Form 1099-MISC, The following codes Identify payees that are exempt from backup withholding. Enter the appropriate code in the space In line 4. 1—An organization exempt from tax under section 50'[(a), any IRA, or a custodial account under section 401 If the account satisfies the requirements of section 401 2—The United States or any of its agencies or instrumentalities 3—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities 4—A foreign government or any of Its political subdivisions, agencies, or instrumentalities 5—A corporation 6—A dealer In securlika orcommodltles required to register In the United States, the District of Columbia, ora U.S. commonwealth or poasesslen 7—A futures commission merchant registered with the Qatar by Futures Trading Commission 3—A real estate Investment trust 9 --An entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common bust fund operated by a bank under section 584(a) 11--A financial Institution 12--A middleman known In the Investment community as a nominee or custodian 43—A trust exempt from tax under section 684 or described In section 4047 The following chart shows types of payments that may he exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for... THEN the payment is exempt for. ,. Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of dencovered securities acquired prior to 2012. Renter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees raponed and direct sales ever $5,0001 1 through 5� Payments made In settlement of Exempt payees 1 through 4 payment card or third party network transactions 1 See Form 1099-MISC, Miscellaneous Income, and its Instructions. 'However, the following payments made to a corporation and reportable on Form 1098-MISC are not exempt from backup withholding; medical and health care payments, attorneys' fees, gross proceeds paid to an attorney reportable under section 6045(6, and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes Identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this farm for accounts maintained outside of the United States by certain foreign financial Institutions. Therms, If you are only submitting this form for an account you hold in the ballad States, you may leave this field blank. Consult with the person requesting this form if you are uncertaln lithe financial institution fa subject to these requirements. Arequester may Indicate that a code is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any Individual retirement plan as defined In section 7101(a)(37) B—The United States or any of Its agencies or Instrumentalities C—A stale, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or instrumentalities D—A corporation the stock of which Is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(1) E—A corporation that Is a member of the same expanded affiliated group as a corporation asset land In Regulations section 1.1472-1(c)(1)(1) F—A dealer in securitles, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate Investment trust H—A regulated Investment company an defined in section 851 or an entity regisiered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined in section 584(a) J -A bank as defined in section 581 K—A broker L—A trust exempt from tax under section 664 or described in section 4047(a)(1) M—A tax warnsttruet undera section 403(b) plan or section 457(g) plan Note. You may wish to consult with the financial Institution requesting this form to calamine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Form W-9 will mail your information returns. Line 6 Enter your city, slate, and 21P code. Part]. Taxpayer identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident allen and you do not have and are not eligible to get an SSN, your TIN Is your IRS individual taxpayer identification number (ITIN). Enter It in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an FIN, you may enter either your SSN or TIN, However, the IRS prefers that you use your SSN. If you are a singls-member LLC that is disregarded as an entity separate from IN owner (see Limited Ltebllity Company (LLC) on this page), enter the owner's SSN (or FIN, if the owner has one). Do not enter the disregarded entity's FIN. If the LLG Is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply far an SSN, get Form SS -5, Application for a Social Security Card, Gem your local SSA office or get this farm online at www.sca.gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Ideafiflcatlon Number, to apply for an EIN. You can apply for an EIN online by accessing tha IRS webslle at www.im.gov/buslnossae and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS. gov or by calling 1 -800 -TAX -FORM (1-800-029-3676). If you are asked to complete Form W-9 but de not have a TIN, apply for a TIN and write "Applied Far" In the space for the TIN, sign and date the farm, and give It to the requester. For Interest and dividend payments, and retain payments made with respect to readily tradable Instruments, generally you will have 60 days to gat a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution; A disregarded U.S. entity that has a foreign owner most use the appropriate Form W-8. 75P-44 Form W-9 (Rev. 12-2014) Part If. Certification To establish to the withholding agent that you area U.S. person, or maiden[ allan, sign Form W-9. You may be requested to sign by the withholding agent even if [toms 1. 4, or below indicate otherwise. For ajolnt account, only the person whose TIN is shown in part i should sign (when required), In the case of a disregarded entity, the person Identified on line 1 must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the cert[flcatlon as Indicated In Items'I through 5 below. 1. Interest, dividend, and barter exchange ecce Rule opened before 1004 and broker ac counts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and bailer exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. ifyou are subject to backup withholding and you are merely providing your correct TIN to the requester, you most cross out Item 21n the certification before Blaring the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certllcatlon. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an Incorrect TIN."Other payments" Include payments made in the course of the requester's leads or business for rents, readies, goods (other than bills for nlorohandise), medical and health care servics.s (Including payments to corporations), payments to a nonemployee for services, payments made In settlement of payment card and third parry network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). S. Mortgage Interest paid by you, acquislUhn or abandonment of secured property, cancellation of debt, qualified bullion program payments (under section 529), IRA, Cove me 11 ESA, Archer MSA or HSA contributions or alliddhighms, and pension distributions. You most give your correct TIN, but you do not have to sign the cenification. What Name and Number To Give the Requester For this type of account: Give name and 55N of: I. Individual The Individual 2. Two or more Individuals (Jolnt The actual owner of the account or, account) if combined funds, the first individual on the account' 3. Custodian account of a minor The minor' (Uniform Gift to Minors Act) 4, a. The usual revocable savings The grantor -trustee' trust (grantor Is also trustee) b. So-called trust account that Is The actual owner' not a legal or valid trust under BRAD law 5. Sale proprietorship or disregarded The cord entity owned by an Individual B, Grantortrust filing under Optional The granter" Form 1099 Filing Method 1 (see Regulations section 1.871-4(b)(2)O (A)) For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an The owner Individual S. Avalid trust, estate, or pension trust Legal entlty' 9, Corporation or LLC electing The corporation corporate status on Form 8832 or Form 2553 10. Association, club, colli lone, The organization charitable, educational, or other tax- exempt organization 11. Partnership or multi -member LLC The partnership 12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison)ihat receives agricultural program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Opticnel Form 1099 Filing Method 2 (see Regulations section 1.671-4(h)(2)(1) (8)) r List first and circle rhe name of the person who aa number you furnish. If only ane parsonce a jams account has an SSN, that pomon'e number must be fumlahad. 'Circle the minor's name end tumid) the minor's SSN. °You must show your Individual name and you may also enter your business or OBAname on the'Busness name/dlarepolual entity' name Ilna. You may use elther your SSN or PIN (if you have one), but the IRS reasompa you to use your SSN. List first and clock, the name of the east, ,stale, or pension trual. (no not furnish the TIN of the pamonol representative or tousles unless the legal entlty Imes Is not deargnarsd In sea account title,) Also sae Special ones /erpadneohees an peg. 2. 'Nola. Grantor also must provldo a Form W-9 to trustee of trust, Nate. If no name Is clrcled when more than one home is listed, the number will he considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other Identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to got ajob or may file a tax return using your SSN to receive a refund. To reduce your risk: • Pmtacl your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer, If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a last or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-908-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of Identity theft who are experiencing economic harm ora system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll-free case Intake line at be77477-4778 or TTY 7DD 1-800.829-4059. Protect yourself from suspicioua smalls or phishing schemes. Peeking Is the creation and use of email and Waddled designed to mimic legitimate bu9lheea smalls and w.lothes. The most common ant Is sending an email to a user falsely claiming to be an established legitimate erdarprlae In an attempt to scam the user Into surrendering private information that will be used for Identity theff. The IRS does not initiate contacts with taxpayers via smalls. Also, the IRS does not request personal detailed information through small or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited small claiming to he from the IRS, forward this message to phtshing@im.gov. You may also report misuse o1 the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at 4-800-366-4484. You can forward suspicious smalls to iha Federal Trade Commission at: spam le ce.gev or contact them at www, fle,govIldthelr or 1-877-IDTHFFr (1-877-438-4338). Visit IR^u,gov to learn more about Identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (Including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, or renals other Income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file hlONVAIDn returns with the IRS, reporting the above Information. Routine uses of this Information (reach giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, end U.S. commonwealths and possessions far use In administering their laws. The Information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and Intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax return. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Cerlaln penalties may also apply for providing false or fraudulent Information. 75P-45 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 1301 W. CAMDEN PLACE (APN 408- 334-18) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Resolution No. 2017 -XXX Exhibit 3 Page 1 of 6 75P-46 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 12017, APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: Iv/ - J n M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75P-47 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75P-48 LEGAL DESCRIPTION Real pi opeity In the City of Santa Ana, County of Orange, Stale of California, descreed as follUWS: LOT 37 OF TRACE NO. 2209, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, SPATE OF CALIFORNIA AS PER MAP RECORDED IN BOOK 61, PAGE(S) 25 AND 26, OF MISCEI.IANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPTING'ITFREFROM ALL OIL, GAS AND OTHER HYDROCARBONS AND MINERALS NOW AND HEREAFTER IN, ON AND UNDER '11 PART OF THE ABOVE DESCRIBED LAND LYING BELOW A PLANE 500 FEET' BELOW 1118 SURFACE OF SAID LAND, BUT WITI [OUT TI IE RIGHT OF ENTRY OR ANY RIGHT'rO MINE, DRILL FOR, OR CONDUCT ANY OTHER OPERATIONS ON OR FROM THF SURFACE OF SAID LAND, OR IN THAT PART ABOVE. A PLANE IIID FEETBELOW SAID SURFACE, FOR THE PURPOSE OF EXPLOITING FOR, DEVELOPING, RECOVERING, PRODUCING, REMOVING OR MARKETING OF -AN OF SAID SUBSTANCES AS RESERVED IN A DEED TO.3OHN P. GEORGE AND WIFE, RECORDED FEBRUARY 2,196L APN: 108-334-18 75P-49 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 Resolution No. 2017 -XXX Page 6 of 6 EXHIBIT B p - - R iU ;n o n v o ;nti 74 ti ry f L'RRLTGN xP[ALf. ��� '" N C) ;0. 0 0« CJ C-) io n r a x GlfN1VGOG 11A1E1 ev--q -e ` Y,iN QOAA'MGFN [MACE =0Ito O CO U CD 0.C) 0 uh n c,ST A. [rLACF i to 0 i o o .o le, OD o ©o'o o: o — m a ( SI. LFNTRIIOE pLi CEp ty 47 -1 75P-50 REQUEST FOR COUNCIL ACTION [elk CK01611LMIW,I=1=lI,14ITA i� JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2231 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) CITY MKNAGER RECOMMENDED ACTION 103t4:I:(•1&«Z•111i 1631ItIRi=1111581,IW i APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on Is' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2231 South Bristol Street (APN 015-194-36) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2018, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2231 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on January 31, 2017, in the amount of $627,075 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 75Q-1 Public Hearing — Resolution Determining Public Interest and Necessity of Property at 2231 S. Bristol St. June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $492,075 are appropriated in the Bristol Street Improvements Project (No. 116741), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurer's Condemnation Deposits Fund in FY 2016-2017. Funds in the amount of $135,000 are appropriated in the Bristol Street Improvements Project (No. 116741), Measure M2 Competitive Street Fund (Account No. 03217663-66100), for transfer to the State Treasurer's Condemnation Deposits Fund in FY 2016-2017. Frid Mousavipour Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: 2L7e Francisco Gutierrez Executive Director Finance & Management Services Agency 75Q-2 MATCHLINE SEE BELOW RIGHT I I I i I i 1 496-336.17 j i ST GERRUDE PL 1408471-011 I I W J CC] ols.lnn.s71; --f '015-19429, b1e-1y4-za; ' i I WARNER AVENUE LEGEND= UUBAUT PPOPEPry - FULL ,1rpW5111011 V�11J-Ad91IIM PPUPGITTIEf, I f I I I i I n ST ANDREW PL ---T..T..T._� I I � CAR PL vg!r vj, GLENWOOD PL I I I Y/.2/I J EXHIBIT 1 MATCHLINE SEE TOP LEFT SANTA ANA RESOLUTION DETERMINING PUBLIC CITY OOUNCIL INTEREST AND NECESSITY FOR THE ACQUISITION REAL V,I A AGENDA DATE= JUNE 20, 2017 PROPERTY AT 2231 SOUTH BRISTOL STREET (PROJECT NO. 116741 NONGENERAL FUND) PUBLIC 'WORKS A°EN"' (Strategic Plan No. 6, 10; and 3,201 75Q-3 PAGE 1 OF 1 MAYOR January 31, 2017 Antranik Ozbag Zorayan 1831 W. Lincoln Avenue Anaheim, CA 92801 CITY OF SANTA ANA 20 Civic Center Plaza e P.O. Box 1988 Santa Ana, California 92742 714-W,5Q13 im .santa-ana org ACTING -CITY MANAGER Gera[dz, Mouat. OITYATTORNEY Sonia R Catvall b CLERK SOF THE COUNCIL Marla A. Huizar Via Certified Mail SUBJECT: REVISED OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO REALTY AT: 2231 & BRISTOL STREET, SANTA ANA, CA 92704 APNt 015-194-36 Dear Property Owner, This Offer supersedes all previous Offers to Acquire, The City of Santa Ana ('City") is proceeding with its plans to construct Phase IV of the Bristol Street Improvements Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists Antranik Ozbag Zorayan, as trustee of the Zorayan Family Trust dated December 18, 2000 to be the vested owner of the above-mentioned property as shown in Attachment 1, The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the 'Property". No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title, if more than one person has an interest in the Property that the City is seeking to acquire, all parties with such interest must accept this offer. As you know, the City had your Property appraised by certified appraisers for the real estate as well as improvements pertaining to the realty to determine its fair market value. The appraisals were conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land, Based on the appraisals, the City offers you a total compensation of $627,075.40. The Fair Market Value of the Subject Property, which serves as the basis for this offer is attached as Exhibit A, This offer is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of -a Purchase and Sale Agreement or adopting a Resolution of Necessity, or both. 75Q-4 2231 S. Bristol Street January 31, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267,2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75Q-5 2231 S. Bristol Street January 31, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call the City's acquisition consultant, Kathy Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841. Sincerely, X� Jason Gabriel, Principal Civil Engineer cc: Christopher D. Peterson, Esq. 75Q-6 Fair Market Value of the Subject Property Land and structures $570,000.00 (as per attached appraisal summary statement) i. Fixtures and equipment pertaining to realty +$ 57,o75.o0 (as per attached inventory — see Attachment 7) 2. Total just compensation $627,075.00 EXHIBIT A i. The City has not made a determination as to the ownership of the Fixtures and Equipment. Landlord and tenant will need to come to an agreement as to the ownership of these items, before compensation can be withdrawn from Escrow. 2. The total just compensation offered assumes that the property is free of any environmental contaminates or other conditions which may impact fair market value. 75Q-7 CLTA Preliminary Report Form (itev.11/06) ,FirstAm rlc" axe ATTACHMENT 1 Order Number! OSA-4443263 Page Number: 1 Updated Fire American Title Company 4Firstprnerican Wily Santa Ana, CA 92743 Customer Reference: Order Nutnbert OSA-4443263 (bdaa) pile Officer: Bob Davies ( Ashley Aegerter Fiona: (714)250-3094 fax Nor; {7Y4}913-6388 t Mak ociitle2@firstam.com Property, 2231 South Bristol Street Santa Ana, CA PRELIMINARY REPORT Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in ExIibltA of tills report carefully. The exceptions and exclusions are meant to provide you with notice of matters which arenot covered St is important to hate that this preliminary report is nota written representation as to the: condition of titin and may not list all liens, defects, and encumhragces affectltg title to the land. This report (and any supplements or amendments hereto) Is Issued solely for the purpose of facilltadnQ the Issuance of 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, FlrstAmedcan Title Page :i of 13 75Q-8 Order Number: OSA-4443263 Page Number: 2 Dated as of August 24, 2015 at 7:30 A. M, The form of Policy of title insurance contemplated by this report is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or interest at the date hereof is vested in: ANTRANIK OZBAG ZORAYAN, AS TRUSTEE OF THE ZORAYAN FAMILY TRUST DATED DECEMBER 18, 2000 The estate or Interest In the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions In said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3.5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement shown or dedicated on the Map as referred to In the legal description For: Public utilities and incidental purposes. 4. Covenants, conditions, restrictions and easements in the document recorded as Book 1750, Page 154 of Official Records, which provide that a violation thereof shall not defeat or render Invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants In senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded as Book 1762, Page 484 and in Book 4468, Page 121, both of Official Records. Fl/st AOyefican Title Page 2 of 13 75Q-9 Order Number: OSA-4443263 Page Number: 3 5. An easement for either or both pole lines, conduits and Incidental purposes in the document recorded as Book 1634, Page 516 of Official Records, 6. An easement for either or both pole lines, conduits and Incidental purposes in the document recorded as Book 1646, Page 155 of Official Records. 7. Rights of the public In and to that portion of the land lying within any Road, Street, Alley or Highway. 8. Any facts, rights, interests or claims which would be disclosed by a correct ALTA/ACSM survey. 9. Rights of parties in possession. Prior to the issuance of any policy of title insurance, the Company will require: 10. An ALTA/ACSM survey of recent date which complies with the current minimum standard detail requirements for ALTA/AGSM land title surveys. it. With respect to the trust referred to in the vesting: a. A certification pursuant to Section 18100.5 of the California Probate Code in a form satisfactory to the Company. b. Copies of those excerpts from the original trust documents and amendments thereto which designate the trustee and confer upon the trustee the power to act in the pending transaction. c. Other requirements which the Company may impose following its review of the material required herein and other information which the Company may require. FirstAmerican Title Page 3 of 13 75Q-10 Order Number: OSA-4443263 Page Number: 4 INFORMATIONAL NOTES Note: The policy to be Issued may contain an arbitration clause. When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be issued in connection with your transaction. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $1,367.49, PAID Penalty, $0.00 Second Installment: $1,367.49, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P. No,: 015-194-36 2. According to the latest available equalized assessment roll in the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2231 South Bristol Street, Santa Ana, CA. 3. According to the public records, there has been no conveyance of the land within a period of twenty-four months prior to the date of this report, except as follows: None 4. We find no open deeds of trust. Escrow please confirm before closing. The map attached, if any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached. FIrstAmericvn Title Page 4 of 13 75Q-11 order Number: 0SA•4443263 Page Number: 6 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 187 OF TRACT 1192 AS PER MAP RECORDED IN BOOK 39, PAGES 16 AND 17 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015-194-36 Flist Alme%lcan Title Page 6 of 13 75Q-12 Order Number: Page Number; _m � i Hlstknedconr Page 7 of 13 75Q- 3 \ \ � \ . NMI -® \ e a q G §(j cg>y. ^ ^ � y \ \ e • \ 3 G \ i, . ^ § © ® " | .(D ,__, # g Hlstknedconr Page 7 of 13 75Q- 3 \ \ \ �\ e e a q G Hlstknedconr Page 7 of 13 75Q- 3 �\ �2 Hlstknedconr Page 7 of 13 75Q- 3 ATTACHMENT 2 LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT 187 OF TRACT 1192 AS PER MAP RECORDED IN BCOK 39, PAGES 16 AND 17 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015.194••36 75Q-14 ATTACHMENT 3 STATEMENT OF VALUE AND SUMMARY OF THE BASIS FOR APPRAISAL Code of Civil Procedures § 1255.010(b) THE AMOUNT ESTABLISHED AS JUST COMPENSATION Government Code § 7267.2(a) OWNERSHIP Anfranik Ozbag Zorayan, as trustee of the Zorayan Family Trust dated December 18, 2000 The following is a Statement of Value and Summary of the Basis for Appraisal and the Amount that the client established as Just Compensation ("Summary") required by the California Eminent Domain Law. The appraisal on which this summary is based was made in connection with establishing the amount of compensation as required by Code of Civil Procedure section 1255.010(b). The appraisal on which this summary is based was made in accordance with accepted appraisal principles consistent with California Valuation Law. A appraisal from which the clien of Value and Summary of the Compensation ("Summary'): BASIS OF VALUATION statement and summary described the basis for the t established compensation. There follows the Statement Basis for Appraisal and the Amount Established as Just The fair market value is based upon an appraisal prepared in accordance with accepted appraisal principles and methodologies. Code of Civil Procedure Section 1263.320 defines Fair Market Value as follows: (a) The fair market value of the property taken is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell, but under no particular or urgent necessity for so doing, nor obliged to sell; and a buyer, being ready, willing and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. (b) The fair market value of property taken for which there is no relevant comparable market is its value on the date of valuation as determined by any method of valuation that is just and equitable. Section 1263.330 provides that the fair market value shall not include an increase or decrease in the value attributable to the project for which the property is to be acquired. The property is being appraised for the possible full acquisition by the City of Santa Ana to assist in negotiations with the property owner for the possible full 75Q-15 acquisition of the subject property as a part of the Bristol Street Widening Improvement Project, DESCRIPTION OF THE SUBJECT PROPERTY Ownership: Antranik Ozbag Zorayan, as trustee of the Zorayan Family Trust dated December 18, 2000 Location: 2231 South Bristol Street, Santa Ana, California 92704 Assessor's Parcel No.: 015-194-36 Date of Value: December 5, 2016 Property Rights Appraised: Fee simple Site Area: Approximately 6,098 square feet, or 0.14 acre, according to public records. Zoning: According to the City, the larger parcel is designated General Commercial under the General Plan Land Use. It is zoned PCO (Park with Commercial Option), within the Bristol Street Corridor Specific Plan designated by the City of Santa Ana. Present Use Highest and Best Use (As Vacant): Highest and Best Use (As Improved): Commercial Retail development Continue the existing use Improvements: According to information obtained from public records and verified by physical measurements of the building, the building has a gross building area of ±1,296 square feet. It was originally constructed in 1963. Description of Acquisition: A full acquisition is proposed 75Q-16 SALES COMPARISON APPROACH The estimated fair market value of the subject property is based on improved sales data for other properties with essentially the same utility and amenities. The subject property is located on a primary arterial street and the property benefits from good access and visibility. To analyze the value of the subject property, a search was conducted of the market area for similar improved office building sales. Very few transactions were found in Santa Ana. The search was expanded to surrounding areas and included small office buildings that sold throughout Orange County since January 2015, built before 1990 and between 1,000 and 10,000 square feet in size. Of the comparables discovered, the five most similar properties were chosen for comparison. The comparables reflect selling prices ranging from $385,000 to $1,175,000, which is approximately $302 to $472 per square foot of building area, or approximately $52 to $161 per square foot of land area. Office buildings of this size are primarily purchased for owner -occupancy whereby the fee simple interest is conveyed. The primary approach used in this market by owner -users is the sales comparison approach. As such, the sales comparison approach is developed to provide an indication of the fee simple market value. The comparable sales are analyzed using the price per square method, which is the typical basis used by buyers in this market. This unit of measure provides a reliable basis of comparison for the assignment. As a check to the reasonableness of the conclusion price per square foot of land area is also reviewed. Adjustments are considered for transactional differences as well as for physical differences between the subject property and comparables. Included on the following page is a Comparable Improved Sales Summary. 75Q-17 75Q-18 COMPARABLE IMPROVED SALES SUMMARY Locotlon WE Data Bldg Size SF Year Built Sales Price APN Doc No. Land kea SF Site COV. Price PSF/Bldg Conneaut. Price PSF/Land SUBJECT PROPERTY 2231 S&iAel Orw WApp 1,296 1963 WApp Thembje:t property isutilired w ridentd Salta Ana, CA 02704 WFpp 6,098 21% WApp silica. located raid-blockon&idol St, with good vidbility. ADT- approx. 35,000 cod 015.194.36 Comparable No. 1 310 S Man Srce1 7/14/2016 2,120 1917 $640,090 angle -tenant mmmerdd building used coo S.Aa Ana CA92701 321338 6,025 35% $301.89 hakey for ImW 60 yeonr The broker repartee 398-2.80-08 $106,22 aw roof, aNning, voodor pant cad air canditloning unit, Grantor: Barbara Lynne 4r and Caorge Fbbxt Meaock, at a. Gent. 3641 Le Sage real Casio Ratners LLC Comparable No, 2 1517 E4ih Now 7/23/2015 1,200 1924 $305,000 Lee office building lucaled ncar the Faisal Steam Ana, 0492701 382743 7,405 16% $320,63 rami Building. Average aTed+ddhllity an $51.99 s�sndery drcel. Thebroker -Waftsthat the 398392-19 property is In werage minus condition, and In (ra�lnr: Plzelf troche nood of updating. Ranco Kumar 4, LLC Comparable No, 3 1502 NMain Basal x nw 1,767 1919 $586,123 (Ida ffRconvated for office U. Good Santa Ara, CA92701 WA 7,733 23% $331.71 acmdeebility on an arteria s:rod. Pier dein 005-153-12 $75.60 May 2913 for $449,000, or $254/,T. Gmaor: Wk Family Trud O3antea WA Comparable No. 4 924 E fhQamaa Avenue 9/29/2016 2,224 1921 $1,050,000 mnvertal SRusNd for an office. Gaud CYange CA 92866 47422 6,534 34% $472.12 aD'—&sbilliy oa an arteria drat. 390451-02 $160.70 Grantor: mast Be. i®gue, Inc, Orontes: 0.43 419 Comparable No. 5 7891 Welminder&mlerd'd 9/13/2010 2,580 1956 $1,175,000 SRoanverted forofgceuse. Avenge Weaminster, CA 92683 435061 13,876 19% $454.37 acrzJvls bili tyoa a a a-tarladred. 09&325-03, and .24 $84.68 Grantor: Rchard Lang TheNguyen Grantor LDHT Family Ro alies 75Q-18 Conclusion After adjustments for market conditions, the comparables establish a fair market value range for the subject property between $309 and $479 per square foot as shown in the following table. Comparable Nos. 1, 2 and 3 are rated inferior, while Comparable Nos. 4 and 5 are rated superior. Based on the subject property's size, location and condition, a value above $348 per square foot but below $461 per square foot is indicated for the subject property, A fair market value of $440 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of December 5, 2016, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 1,296 SF X $440 PSF = $570,240 ROUNDED 75Q-19 $570,000 Indicated Values Comparable Overall Indicated $/SF No. Comparability 4 Superior $479 5 Superior $461 Subject $440 2 Inferior $348 3 Inferior $315 1 Inferior $309 A fair market value of $440 per square foot is concluded. Based on the preceding investigation and analysis, the fair market value of the subject property, as of December 5, 2016, is calculated as follows: INDICATED VALUE - SALES COMPARISON APPROACH 1,296 SF X $440 PSF = $570,240 ROUNDED 75Q-19 $570,000 INCOME APPROACH The subject property is an owner -occupied, single-family residence which has been converted and utilized as a medical office building. As such, the fee simple value is analyzed using market rent and expenses. Market Rent Analysis A survey of Santa Ana and the surrounding cities for recently executed leases and asking rents for office space ranging from 656 to 3,279 square feet in size is used in the analysis. The important factors considered during selection of the comparables include location, building area, visibility and access. The search focused on properties with arterial street visibility, but data for such properties was found to be somewhat limited; however, sufficient data was available to estimate a market rental rate for the subject property. The survey properties indicate that rents are written on a triple -net, modified gross, and full service gross basis. For valuation purposes, a triple -net basis will be utilized. For triple -net leases, the tenants pay operating expenses such as property taxes, insurance, tenant utilities and janitorial, common area maintenance and utilities, building repairs and maintenance, security, parking and sometimes management (or a portion of management). These expenses are normally recouped by the landlord in the form of an expense reimbursement charge. The landlord is still responsible for non -reimbursed management (collecting the check and watching over the property) miscellaneous expenses such as those incurred between tenancy, accounting, legal, miscellaneous and replacement of short-lived items such as the roof, air-conditioning units and exterior walls, if applicable. Based on the review of the rental data and after consideration for differing property characteristics, it is concluded that a rental rate of $1.80 per square foot per month, triple -net, for the subject property is reasonable for the analysis and is used in the direct capitalization analysis. The estimated market income for the subject property is calculated in the following table: CONCLUDED MARKET RENT Building Market Rent/SF Market Annual Market Size Mo. Rent/Mo. Rent 1,296 SF $1.80 $2,333 $27,994 75Q-20 Vacancy and Collection Loss Small office buildings are most frequently purchased for owner -occupancy and are analyzed using the sales comparison approach, with values calculated assuming no vacancy or collection loss. However, from the perspective of an investor, a stabilized vacancy and collection loss within the historical range is usually applied, assuming a five- to 10 -year holding period. An estimated stabilized vacancy and collection loss of 3% is considered appropriate for the direct capitalization analysis. Expense Analysis The subject property is an owner -user office building. Typically, leases for similar buildings in this market are written on a triple -net lease basis, where the tenant Is responsible for operating expenses for the property including: taxes, insurance, utilities, common area maintenance, building repairs and maintenance. The owner is responsible for management, miscellaneous expenses, and administrative costs. The capital value analysis has been analyzed on a typical triple -net basis. Overall Capitalization Rate A review of sales and listings of office properties found that reported OARs reflect rates from 4.00% to 5.00%. These sales are considered the best evidence of an appropriate capitalization rate for the subject property. 75Q-21 DI RECT CAN TAU ZATI ON ANALYSI S Office Building 2231 S. Bristol Street Santa Ana, California INCOME: Rental I ncome $26,481 Capitalization Rate Annual Market Fbntal Income Monthlyflantal Income $1.80 PT x 12 Months $27,994 Total Leaseable Area 1,296 S= Total Potential Gross Income $27,994 Vacancy 3% $840 Effective Crass Income $27,154 REI MBURSABLE EXPENSES: $ISP Management 2.0% ($0.42) ($543) lbserves 0.101 /R1301 Total FUmbursable Expenses ($0.52) ($673) 673 Net Operating Income $26,481 Capitalization Rate 4.750 Indicated Value at Market Fsnt $557,497 ROUNDED $558,000 "Difference maybe due to round! ng. Income Approach Conclusion The direct capitalization analysis and resulting indication of market value via the income approach is shown on the following page. The indicated fair market value, as of December 5, 2016, is as follows: INDICATED VALUE - INCOME APPROACH $558,000 75Q-22 CONCLUSION Or VALUE The approaches most often relied on by buyers of this type of property have been developed. Thus, the sales comparison approach is developed as the primary value indicator. The cost and income approaches are rarely considered by buyers in this market and are less reliable than the sales comparison approach as the typical buyer of the subject property would be an owner -occupant. There are limited investor sales with reported overall capitalization rate data in this building market segment and data for signed leases Is of limited quantity and quality. The income approach has been developed, but is given less weight in the final conclusion of value, The cost approach Is rarely used by buyers in this market and does not tepid to produce reliable valuation results; the cost approach has not been developed, APPRAISAL CONCLUSION Considering the data and analyses presented, the opinion has been formed that as of December 5; 2016, the fair market value of the subject property Is: INDICATED VALUE Sates Comparison Approach $570,900 Income Approach $558,000 Reconciled Value (Rounded) $570,000 The above is a summary of my appraisalprepared at the request of, acid to be used by, the client to comply with Code of Civil Procedure Section 1255,010(b), My appraisal Is the basis for this summary and was made in accordance with accepted appraisal principles, consistent with California Valuation Law, Stephanie L. Kavanaugh, Certified General Real '=state Appraiser, Certificate No. AG030565, provided assistance in this assignment. M Elizabeth M, LAI, AI-G1S Certified General Real Estate Appraiser Certificate No, AGO05391 Expiration Date; April 13, 2018 Dated: December 5, 2016 75Q-23 CERTIFICATION We certify that, to the best of our knowledge and belief: 1. Thee statements of fact contained it this report are true and correct. 2. The seporud analyses, opinions, and conclusions are Invited only by the reported assumptions and limiting conditions and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions. 3. We have no present or prospective interest in the property that is the subject of this report and no personal interest or bias with respect to the probes or parties involved, 4. We have performed no services, as appraisers or in any other capacity, regarding the property that is the subject of this report within the past three-year period iinmedia€ely preceding acceptance of ties assignment. 5. We have tic bias with respect to the property that is the subject of this report or to the parties involved in this assignment: 6, our engagement in this assiginnent was not contingent upon the developing or repotting predeteninined resrlts, 7, Out compensation is not contingent on the development or reporting of a prtdutermiued value or direction in value that favors the cause of the client, the arnount of the value opinion, the attaiament of a stipulated result, or the occurrence of a subsequent event directly related to the inteincfed use of this appraisal, g. Our analyses, opinions, and conclusions were developed; and this report has been prepared, in cordbitnitywith the Uniform Standards ofProfessional Appraisal Practice, 9. Stephanie Kavanaugh has trade a personal inspection of the property that is the subject of this: report. Elizabeth M. Kiley has not made an inspection- of the subject property, but has fully participated in the analyses, opinions and conclusions concerting real estate contained in this report and fully concurs with the conclusions expressed hereiU. 10. No one provided gigniftcatut real property appraisal assistance to the persons signing this certification, 1 1. The reported analyses, opinions and conclusions were developed, and this report has beenprepared in conformity with the Code ofProfessional Ethics and Standards of Professronal Appraisal Practice of the Appraisalftsstitute. 12, The use of this report is subject to the, requirements of the Appraisal Institute relating to review by its duty authorized representatives. 13. As of the date of this report, Elizabeth M. Kiley has completed Elie continuing education program for :Designated Mombon of the Appraisal Institute.. �i�uu�,tl�tU Elizabeth til. Kiley, .Ai, AI-GRS Stephanie L. Kavanaugh Certified General Real Estate Appraiser Certified General Real Estate Certificate No, AG005391 Certificate No. AG030565 Expiration pate: April 13, 2016 Expiration Date: April 12, 2017 75Q-24 ATTACHMENT SUMMARY EXPLANATION STATEMENT You are entitled. to receive fall payment prior to vacating the real properly being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your properly and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant. 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made, The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the fall amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the public improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and Reflects the definition of "fair market value" as defined in Eminent Domain Law (California Code of Civil Procedure Section 1263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but render no particular necessity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75Q-25 UNMOOR INIMUIR ilk CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75Q-26 Dear property Owner: Our ,State) and Federal Constitutions recognize the need fox public agencies to purchase private property for public use. The Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or fedexal laws and regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures are subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisition, City's acquisition consultant will contact you. 75Q-27 7PABLF (D1F CONTENTS PAGE WHY IS MY PROPERTY REQUIRED? I WHAT RIGHT DOES TIIE CnYHAVE TO ACQUIRE NPI PROPERTY? 1 WI -10 MAKES THE DECISION TO BUY MY PROPERTY? HOW WILL TIM CITY DETERMINE HOW MUCH TO OFFER ME FOR MY PROPERTY? I WHAT IS FAIR MARKET VALUE? I HOW DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO TIM APPRAISER? 2 ONCE. TIM CITYDETERMINES THAT MYPROPERTY IS NECESSARY FOR. A PUBLIC S PROJECT, HOW SOON WILL TAE CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY�S STATEMENT OF THE BASIS FOR ITS DETERMINATION 2 OF NST COMPENSATION? 6 CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY IHAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CITY'S OFFER., HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO TETE FINAL PURCIJASF OFFER? 4 WHAT HAPPENS F THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I RAVE TO PAY ANY SETTLEMENT COSTS? S MAY I KEEP ANY OF TIE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? S CAN THE CITY TAKE ONLY A PART OF MY PROPERTY? 6 WILL I HAVE TO PAY RENT TO THE CITY ATTER MY PROPERTY IS ACQUMD? 6 HOW SOON MUST I MOVE? 6 Am I ENTITLBD TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I .AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WREN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON THE INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PRO CBSS? 7 75Q-28 WHY 18 MY PROPERTY REQUIRED? The City of Santa ,Ana, Public Works Agency (the City), has determined that your property may be required for the improvements of Bristol Stroet, WHAT WGIRT DOES THE CITYHAVE TO.A,CQUIRE MY PROPERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain, The rights of each of us are protected by the ltii9h and Fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further., under the California Government Code and Tito 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO MAIMS THE DECISION TO BUY MY FROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of interested citizens. HOW WILL THE' CITY (DETERMINE HOW MUCH TO O + 4ER ME FOR MY PROPERTY? Before making you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your property and state his or her professional opinion of its current fair marketvalue in an appraisal report. The City is required to offer you 'Just compensation" Por your property. This amount cannot be Iess than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest price on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 75Q-29 IitOW IiOF,S AN APPRAISER DETERMINE TM FAIR 1VARIMT VALUE OF 1VlY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value o£real property are: Flow it compares with similax propertles in the area thathave been sold recently. How much it would cost to reproduce the buildings and other stractures, loss any depreciation. How much rental income it could produce after expenses and how investors typically value that income. WILL I7HAVE' A CHANCE TO TALK TO THE APPRAISER? `YES, You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to the value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. If you prefer, you may designate a representative in writing for this purpose. ONCE THE CITY DETEWH NES THAT MY -PROPERTY IS NECESSARY I'.+OR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The timing of a purchase offer depends on the following factors; • The amount of work required to appraise your property, • The availability of fanding; and • Possible project delays caused by factors outside the control of the City. Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the fall amount determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations truth the puraase offer is sent out and your receipt of the offer is acknowledged. WHAT TS IN THE CITY'S STATEMENT OF THE BASIS FOR ITS IIETFWV iATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: • The recognized definition of the term "fair market value" or the equivalent term. 75Q-30 • The date of valuation, highest and best use, and applicable zoning of properly. • An accurate description of the propertyto be acquired. • A list of the improvements covered by the offer, • The principal transactions, reproduction or replacement cost analysis, or capitalization analysis, supporting the determination of value, • The amount of the offer. • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property sball be separately stated and shall include the calculations and narrative explanation supporting the compensation, including any offsetting benefits. • An indication that the offer does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN I GET MY OWN AI MMSAL? YES. Pursuant to the California Code of Civil ProcedureSection 1263,025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City willnotbe a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cosi, not to exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ana, Public Warks Agency, 20 Civic Center Plaza M-36, Santa Ana, CA 92702, within ninety days of the earliest of the following dates, (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT THE CITY'S INITIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal). When fully justified by the available evidence of value, the City may mare a revised offer. MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? YES. You may have an attorney or anyone else represent you, during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75Q-31 Blit' I AGREE TO ACCEPT THE, CITY'S OFFER, HOW SOON WILL I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agreement. If the title evidence obtained by the City indicates that further action is necessary to show that your ownership is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Title eviden.00 is a legal record of ownership of the property. It identifies the owners of record and lists the restrictive deed covenants and recorded mortgagos, liens and other instruments affecting your ownership ofthe property.) WHAT Ia APPENS I6 I DO NOT AGREE TO T11 FINVAL PURCHASE OFPER DY THE CITY? IF you and the City are unable to reach an agreement through negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. WHAT HAPPENS IF THE CITY CONDEMNS MY PROPER'PY? The power of eminent domain may only be exercised if. 1) the public interest and necessity require the project; 2) the project is planned or located in the manner that will be most compatible with the greatest ,public good and the least private injuty; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions.. The City may only File a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property will receive written notice at least 15 days in advance of the hearing. .Alter the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. Diving the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of aB parties; the court or a jury will determine the amount of just compensation to which you are entitled. In the State of California, a property owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, a judge can detenvinejust compogsation. To help you in presenting your ease in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. However, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN ORDER OP POSSESSION? An order of possession is a process within a condemnation action that allows the City to have the possession of your property prior to a negotiated settlement or an award of just compensation in 75Q-32 court. This procedure is used typically where the possession of your property is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City must deposit with the court an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their shave of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems. A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to seek additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the difference plus any interest and costs as provided by law. NML I HAVE TO PAY ANY SETTLEMENT COSTS? If you and the City enter into an agreement for the City's purchase of your property, you will not be responsible for the reasonable and necessary costs of: Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Ileal property taxes coveringthe period afterthe City acquires your property, Escrow or the City will identify these items in a Preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which you should be repaid, you should request repayment from the City within six months after the acquisition. City will assist you in processing your claim for these costs. if there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF THE 13UTLDJNGS OR OTHER IMPROVEMENTS ON MY PROPERTY? Sometimes. improvements may exist on a property, which are not requhred by the City, If you wish to keep any of the improvements, please let your Acquisition Agent know. If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to a now location. . 75Q-33 CAIS THE CITY TAKE ONLY A PART OF' MY PROPERTY? YES. But, if the purchase of only a part of your property reduces 'the value of the remaining part(s), you must be paid for the loss in value (offset .by any special benefits accruing to the remainder resulting from the new public improvements). Also, under thoso circumstances, if any remaining part would have little or no utility or value to yen, the City will offer to buy that remaining part if you so desire. WLLL I HAVE TO PAY RENT TO TBE CITY AFTER MY PROPERTY I5 ACtplllt$ CID? If you (or your tenant) wish to remain in the properly after acquisition for a short term or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fan• ramal value of the property to a short team occupier or the prorated portion of the fair rental value for a typical rental period. However, the amount of tent to be paid by your or your tenant shall be within your financial means or your tenant's financial means, as the case may be. HOW SOON MUSTIMOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with. the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if you are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVER LOBS OF JIUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on the remainder if the property being acquired is part of a larger parcel. Code o£ Civil Procedure Section § 1263.51 b Loss oP Goodwill Compensation Basis: (a).The owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder. (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that areasonably prudent person would take and adopt in preserving the goodwill. (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 75Q-34 (4) Compensation for the loss will not be duplicated iu the compensation otheiwise awarded to the owner. (b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business as a result of its location, reputation for dependability, sk ll or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage I AM A Vt;TEIIAW, HOW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain, another GI loan to purchase another property. Check on such arrangements with your neatest VA office, MY PROPERTY I5 WORTH MORE NOW THAN WHEN I DOIIGHT IT. MUST I PAY CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (.[S.S) Publication 544, "Sales and tither Dispositions of Assets" is available from the M. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the tbreat of condemnation for public purposes. To fully understand the income tax consequences relating to the condemnation of your property, you should consult with your personal tax advisor. 75Q-35 r ATTACHMENT 6 STATEMENT OF OWNERSHIP PERSONAL PROPERTY, TENANT IMPROVEMENTS, FIXTURES AND EQUIPMENT PARCEL NO.: PROJECT: CCU:_ TENANT'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Date; Tenant PROPERTY OWNER'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Property Owner Date: Please have each signature on this document notarized. 75Q-36 75Q-37 ATTACHMENT 7 AKDAR HEIDARINIA, DMD, INC, DBA SOUTII COAST DENTAL GROUP IMPROVEMENTS PERTAINING TO TIIE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 7, 2015 Pair Market Forced Item Value in Liquidation No. Qty, Description Place Value 1 1 Monument sign, Tx Tx 20", metal cabinet, dual -sided, $4,025 $0 interior illumination, plastic fascia, vinyl letters,. "South Coast Dental Group, with logo", brick pedestal, 34" x 32"x2l" 2 1 Building sign, 40 linear fsetx 4' high, L-shaped, metal 12,000 0 cabinet, interior illumination, plastic fascias, vinyl letters and logos, "South CoastDental Group/ Cosmetic Implant, etc, with graphic decor", wall -mounted 3 1 Lot of vinyl tetteringwindow signs and graphic d6eor, 400 0 including 1.5" to 2.5" lettering, window signs, tooth logo, etc. 4 4 Ceiling speakers, 12" diameter, including through -ceiling 500 20 audio cabling to stereo 5 1 Television wall mount, metal 80 5 6 148 Square feet of horizontal window blinds, 2" wide, plastic 675 0 7 i 1 Built-in service counter, 62" x 12", laminate, wall.. Ito 0 mounted 8 1 Pony wall/ service counter, 44" x 41" x 5", assumed to be 200 0 wood framing, plaster fascia, textured paint, with top counter, 46" x 12", laminate 9 1 Built-in reception desk, 100" x 25", laminate on wood, 1,250 0 double pedestal, 2 -door, 8 -drawer 10 12 Linear feet of built-in desktop, 24" deep, laminate, with 370 0 wall brackets 11 7 Linear feet of wall shelving, 24" high x 12" deep, wood, 110 15 2 -tier 12 1 Wall cabinet, 5'x33°x12",wood, 4 -door 475 30 75Q-37 AKBAR FIEIDARINIA, DMD, INC. DBA SOUTH COAST DENTAL GROUP IMPROVEMENTS PERTAINING TO TTIF REALTY EFFECTIVE DATE OF VALUE - OCTOBER 7, 2015 Item No. Qty. Description Fair Market Value in Place Forced Liquidation Value 13 1 Built-in desktop, 6'x 24" deep, laminate, I lower 425 0 pedestal, 30" wide, laminate on wood, 2 -door 14 1 Wall shelf, 6'x 30" x 12", wood, 3 -tier 140 15 15 1 Dental laboratory sink counter, 10.5'x 24 ", laminate on 3,575 0 woad, 4" high baoksplash, 1 drop-in sink, 24" x 10" x 22", stainless steel, single mixing faucet, plumbing, 5 lower doors, 13 -drawer, I top trash chute, 8" diameter 16 2 Wall mirrors, I- 2'x 3', 1- 23" x 30" 140 0 17 1 Monitor wall mount, metal, for 23" monitor, adjustable 90 10 18 1 Dental laboratory sink counter, IO'S" x 24", laminate on 3,600 0 wood, 4", 1 drop-in sink, 12" x 7" x 16", stainless steel, single mixing faucet, plumbing, 5 -door, 4 -drawer 19 3 Operatory/dental cabinets, 8.5' wide x 19" deep, laminate 6,000 0 on wood, 4 -door, 5 -drawer, 9" high baeksplash, 1 top shelf, 65" x 6", 1 trash chute, 6" diameter 20 5 Wall X-ray viewers, Star X-ray, 16" x 13", wall recessed, 950 75 wood frame, electrical 21 2 Operatory/ dental cabinets, 76" x 19" deep, laminate on 2,975 0 wood, 2 -door, 5 -drawer, 9" high backsplash, 1 top shelf, 70" x 6", 1 trash chute, 6" diameter 22 1 Lot of setup and installation for 2 x-ray machines, wall- 1,125 0 mounted, including calibration 23 1 Lot of setup and installation for panoramic x-ray 775 0 machine, including floor bolting 24 1 Nitrous oxide and oxygen distribution system, 1/4" metal 7,000 0 pipe through ceiling to 5 nitrous oxide and 5 oxygen wall panels, Chemetron, metal, 5" x 6" 2 75Q-38 AKBAR HEIDARINIA, DMD, INC. DEA SOUTH COAST DENTAL GROUP IMPROVEMENTS PERTAINING TO TTIE REALTY EFFECTIVE DATE OF VALUE - OCTOBER 7, 2015 Fair Market Forced Item Value in Liquidation No. Qty, Description Place Value 25 1 Lot of subterranean piping to 5 operatmy rooms, 3 -line, 3,200 0 3/4" copper for air and vacuum lines, I" steel water line, including jockey boxes and connections to dental chairs 26 1 Lot of data cabling and computer networking for 1,250 0 12 stations 27 1 Telephone system, Panasonic, Model no.: K.X-TA824, 2,000 350 hybrid system, 3 -line, full feature, including 5 hand sets, Model nos,: KX-T7730 and KX-T7731 28 1 Alarm system, Brinks Security, consisting of: 425 0 1 Code pad I Control panel 2 Motion sensors 1 Siren I Glass break detector 29 1 Lot of wall chair railing, 2 3/4" high, wood 475 0 30 1 Wall cabinet, 40" x 13" x 9", wood, 3 glass doors 135 20 31 1 Lot of electrical setup and installation for dental air 1,750 0 compressor, vacuum pump and connection for 4 operatory packages 32 1 Water heater, American Appliance, Model no.: 850 0 GWE333SN, 30 gallon, gas, with stand TOTAL IMPROVEMENTS PERTAINING TO THE REALTY Note: The following leasehold improvements were installed by the lessee. They ae included in the related real estate appraisal report: therefore, they are not included herein in order to avoid duplication of compensation. s Interior wall partitioning • Laminate tile flooring 3 75Q-39 $57,075 $540 Epic Land Soluflons, Inc, 00, 2601 Airport Drive, Suite, 130 Torrance, CA 90505 Phone. (310) 986-2960 Fax, (310) 991-3348 CITY OF SANTA, ANA TITIE VI INFORMATIONPACKAGE A da The project proposed by the agency listed above will beTeCCiVing federal financial assistance, Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of or be subjected to discrimination tinder. -any program ox activity receiving Federal financial Assistance. Other staluteg pravideprotection against discrimination on the bmis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights, The Paclmge includes the following docomients. Title VI B o older Title VI of the 1964. Civil Rights Act and Related Statutes ■ Right of Way Title VI Simay Point with Self-AAdrestied Stamped Envelop(, Right of Way Title V! Disaritaination Complai'lit,Forrit The U.S. Department of Commerce Census Bureau, Language Identification Plarlicard It is xerluestcd the Right of Way Title V! Survey form be completed and returned in the self- addressed stamped envelope. If you read or speak a language different than English, please write your name and address on the top of the page and cheak the appropriate box on the Language Identification Flashcard, or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLand.com 75Q-40 W Q14 B tip c J H v, ou E 00 > tg u �- o uj rL M o C9 cc OO o N N v NN -h G U ryry 67 o c, at' m. vNi w C `oi W w w G o w 4,11 u U_ "ry h U tis U '� Q U u _U b O tf U L d may, E N�6 6 uq o Qm v p pu` ama �v perM4 vqW 6 Q N ® QW p'1 t/Yf � C � o� N .0Gf' Quo.w 2f�7 m�ueoi ..ry3N- 9' Q wru00Qoo 75Q-41 .. =a v 'u w -a E w rya, Q Y O ,` 4-6• Q �_ u C. dR O, b y ,E 6 N Q a D 'E3 bA 4 A a- L 3 a'E " a c u Q �2 pp Q N 4 CGQ U 0. Q w E 'o g- '� c. E 0 1. v 'u w tA rs Id s v t�pts' "> p a ago a 3 3 • us -t3ol CL a �° c n � 75Q-42 -a u C. dR O, b y ,E 6 N Q a 4 A a- L 3 bIa c u Q �2 .Yt M w E 'o g- '� c. E 0 1. tA rs Id s v t�pts' "> p a ago a 3 3 • us -t3ol CL a �° c n � 75Q-42 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Page I of NONDISCRIMINATION STATUTES Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied flit benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) " The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from par6eipation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S,C. 4601, provides: "For the fair and equitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. The 1973.Federal-aid Highway Act, 23 U, S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carried on under this title," (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES THE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRIMINATION STATUTES TO INCLUDE ALL PROGRAMS AND ACTIVITIES OF FEDEP-AL-AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCH PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) The Uniform Relocation Act Amendments of 1987, P.L. 101-246, provides: "For fair, uniform, and equitable treatment of all affected persons; ...(and) minimizing the adverse impact of displacement ... (to maintain).,. the economic and social well-being of communities; and... to establish a lead agency and allow for State certification and implementation." (UPDATED THE 1970 ACT AND CLARIFIED TIIE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75Q-43 TITLE VI OF THE 1964 CIVIL. RIGHTS ACT AND RELATED STATUTES Page 2 ot2 The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individual with a disability shall, by reason of such disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other insh'urnentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRIMINATION AGAINST PEOPLE WITH DISABILITIES) The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) For the purposes of this section, the term 'snake and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section are protected against impairment. by non-governmental discrimination and impairment under color of Slate law." • Title VIII of the 1968 Civil Rights Act, 42 U.S.C, 3601, provides that: "(1) It shall be unlawful... to refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROHIBITS DISCRIMINATION IN TI4E SALE OR RENTAL OF HOUSING -- HUD is the primary interest agency, but FHWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) • The National Environmental Policy Act of 1969, 42 U.S.C. 4321 Requires the consideration of alternatives, including the "no -build" alternative, consideration of social, environmental and economic impacts, public involvement, and use of a systematic interdisciplinary approach at each decision making stage of Federal -aid project development. Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate and professional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain instances. . Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(N)o qualified handicapped person shall, solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Department of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FFIWA Publication No. FRWA-HCR-06-006 75Q-44 TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act (P.L, 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, et seq), notice is hereby given for the request of personal information by this form. The requested personal information is voluntary. The principal purpose of the voluntary information is to facilitate the processing of this farm. The failure to provide all or any part of the requested information may delay processing of this fomr. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by au identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status, Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: _ Under 40 4 i-65 Over 65 Race/Ethnicity: _ White _ American Tribe Black Pacific Islander _Hispanic _ Other Asian Language spoken, if other than English: Specify: Are you or any member of your household suffering any physical disability or medical condition? Yes _ No Are you a low-income family? Enclosure Yes —No 75Q-45 TITLE VI DISCRIMINATION COMPLAINT PERSONAL INFORMATION NOTICE Pursuant to the Federal Privacy Act P.L. 83.679) and the information Practices Act of 1977 (Mil Code Sections 1708, st seq), cause Is hereby given far the request of personal Information by this farm. The requested personal information Is voluntary. The principal purpose of the voluntary Information is to facilitate the processing of this form. The failure is provide all or any pact of the requested lefomralinn may delay promising of this fora,. No elect osum of it roanal Information will be mod. unless permissible ..do, Article 6, Soclion 1798.24 of the IPA of 1977. Each inclMduml has the right upon @memo Ono proper Identification, to impact all prrs... I iafmmallon In any record mrrololned on the indIvictel by an identifying parucular. Direct mor ingress an information maintenance t. your IPA Offlce Mailing Address Dist CO BASIS OF UISCIUMiNATION Rte ❑ RACE ❑ COLOR ❑ NATIONAL ORIGIN ❑ SEX ❑ Oiability, ❑ Low-income ❑ Non-English Speaker Provide dotes) and place of alleged discrimination Dcscribe the nature of the action, decision, or conditions arthe alleged discrimination (Attach Extra Page. If Necessary) Noma of individuals (if Known) responsible for the return, decision at condition afallaged discrimination Provide supporting information known to complainant in support of his/her allegation Identify possible wlincascs whonr the complainant believes can provide factual information about this allegation State the action requested by complainant 75Q-46 ,au�ll , yl i� W5 IS1 I I e A cStc llwwwp6,g wju.,j)wnaullnLuncs, hP6 {nnun J hWtr ttmprt"LLr 6,g 4a,j6pk,5,: n � glvp �lb,-OIi °m 7 W -T7 v 0 si wr fkq I [tUTPtii�1Piggtt9#3tiis4 Ififfmils it w1lii'fi1m vRi `1 Motka i kahhon ya yangin tineQngou' raan; itai pat Crntatigriu' kuraentos Chatnorro. baaa `Lite ovaj kvadrati6 aka eitate ill govorbe luvatski,iezik. Zaskrinete tato kolonku, poked ctete a hov®r le eesky, Kruis dit vakje aan als a Nedeilands kunt lezea of:sptelcm, Q Mark this box if you read or speak English. DQ -3399 75Q-47 1. Arabic 2. Armenian 3, Bengali 4. Cambodian 5. Chamorro 6. Simplified Chinese 7.Traditional Chinese 8.Croatian 9, Czech 10. Dutch 11. English 12. Tarsi El Cocher ici si vous lisez on parlez le frangais, Kreuzen Sie diesel Kastchen an, wenn Ste Deutsch lesen oder sprechen. £,t1l.tFvbcrYE anTO To Actium av btapcO-re 1 ViM-te EXXgVLIC&. Make kazye sa a si ou li oswa ou pale kreydl aylsyen. ® 3iTT aTriz qt� zTf qi-.'E qF-r i?f cTT w RzFu GT ftv F77rv- I ® Kos lub voj no yog koj paub twm thiab hais Ins Mwob, 7et6lje meg ezt a kockitt, ha megerti vagy besz6li a magyar ayelvet. ® Markaam daytoy nga kahon no makabasa wenno makasaoka iti Ilocano. El Marchi questa casella se legge o parla italiano. ® B�ao�a7�alv7�t), i�tr�t�ol��.�,I�EfJ�9717-zG7��C6\o t}�Ojs OZ;21>-+pj-4T Meq, 01 awl RA)ajAAA12. 2mwru2dee31j i1�N�u3�ut�nW�5�a�o. El Prosimy o zaznaczenie tego kwadratu, jeieli posluguje sig Pan/Pani j�zykiem polskim. DR.gln0 U.S. DEPARTMENT Or COMMERCE Emnamlas and 61a11stlea AJminlelm�lan 75Q-48 U.S. CENSUS BUREAU 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18. Hmong 19, Hungarian 20. Ilocano 21. Italian 22.Japanese 23. Korean 24. Laotian 25. Polish ❑ Assinale este quadrado se voce le ou fala portagues, ❑ Insemnao aceasta casula daca citili sau vorbili romangte. lloMeTbTe 9TOT KaagpawK,ecru E619HTaeTe wiTroROpHTe Ho-pyccKH. El 06enewiwe onaj KBaApaTKh yKOnKKo 9HTaTe H7rK roaopr?Te cpncxH jeaHK. El OznaUe tanto "stvorcak, ak viete Maf alebo hovorif po slovensky. Marque esta casilla si lee o habla espafioh I ❑ Maekahan itong kuwadrado kung kayo ay marunong magbasa o magsalita ng Tagalog. ❑ ltimrn�in�uH�tta�ludN.tn�riTud�uHio�yNnTr�•T`1mu, ❑ Maaka 'i he puha ni kapau 'oku ke lau pe lea fakatonga. El $igMiT6Te ATO KniTm[Ky, %KMo RiT 9LrraeTe a6o rowpwc yKp ffHc6Koro MOBOTo. ❑ —lJ. IUVIf Lbs I, L,�L�%�»1.111 7 ❑ Xin d5nh dau vao 6 nay neu quy vi bi6t doc va a6i dddc Viet Ngff. ❑ .V -ON 0'w) -ly-fN u]Y»5 w 1>1N 500"1 bYT 1 17»1N1 DB.3300 US, DEPARTMENT OF COMMERCE Um, u.W [ and Shd.( [ Administre0an 75Q-49 U.S. CENSUSRUREAU 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31. Spanish 32.Tagalog 33. Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish FarmW^?14) I sooner security numoer Request for Taxpayer `� Give Form to the (Rev. r, amber Identification Number and Certification entities, it is your employer identification number (EIN). If you do not have a number, see Hew to get a requester. Do not Oeparknenlaf th,ssary .J TIN on page 3. send tO the IRS. In[ernoI Revenue Sem I Name (as shown on your Income tax return). Name Is required on this line; do not leave this line blank. 2 Business name/disregarded entity name, if different from above ci usm nW 3 Check appropriate box for fodoral tax classification; check only one of the following seven boxes: 4 Exemptions (codes apply only to ce Main entitles, not individuals; see °❑ ndviuesproprietorrletar or C Corporation S Corporation❑PartnershlP ❑Trust/estate tructon on page 3): m c single -member LLC ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=portrranchlp) P Exempt payees code (I! any) --- `p Nato. Fora single -member LLG that is disregarded, do not check LLC; check the appmenade box In the line above foY Exemption from FATCA reporting the tax classltloatlon of the single -member owner, code Of any) a— e ❑ Other (see Instructions) P laaanan ron=uu,n. mar�e+maaoumm ma usJ o !� 5 Address (number, street, and apt, orsulte no.) Requester's name and address (optional) 0 at a w 6 City, state, and XIP code w m 7 List account numbers) here (aplional) Taxpayer Identification Number (TIN) Enter your TIN to the appropriate box. The TIN provided must match the name given on line 1 to avoid I sooner security numoer backup withholding. For individuals, this is generally your social security number ( page However, fora resident alien, sola proprietor, or disregarded entity, see the Part I instructions on page 3. For other `� _ entities, it is your employer identification number (EIN). If you do not have a number, see Hew to get a .J TIN on page 3. or Note. If the account Is In more khan ane name, seethe instructions for line 1 and the chart on page 4 for (-Employer identification number guidelines on whose number to enter. FFI FTTTIr Under penalties of perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I am wafting for a number to he Issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S, citizen or other U.S. person (defined below); and 4. The FATCA codes) entered on this form (If any) Indicating that I am exempt from FATCA reporting Is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certlflcatlon, but you must provide your correct TIN. See the instructions on page 3. sign Signature of Here I U.S. person P Date P General Instructions Section references are to the Internal Revenue Code unless olherwle. noted. Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release It) Is at ww wIm.gov/rw9. Purpose of Form An Individual or entity (Form W-9 requester) who is required to file an Information return with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your social security number (SSN), Individual taxpayer Identification number(ITIN), adoption taxpayer Identification number (ATIN), or employer identification number (EN), to report on an Information ratum the amount paid to you, or other amount reportable on an Information future. Examples of Information returns Include, but are not limited to, the following; • Form 1099 -INT (Intel car earned or paid) • Form 1091(dividends, including those from stocks or mutual funds) • Form 1099-M 180 (various types of Income, prizes, awards, or gross proceeds) • Form 1099-8 (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-5 (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transacilons) • Form 1096 (home mortgage Interest), 1098-E (student loan Interest), 1098-T (tulten) • Form 1099-0 (canceled debt) • Form 1099-A (acquisition or abandonment of secured propery) Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requesierwlth a TIN, you might be subtlest to backup withholding. See What /s backup withholding? on page 2. Sy signing the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Clalm exemption from backup withholding If you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a Us. trade or business Is not subject to the withholding tax on foreign f artri share of effectively connected Income, and 4. Certify that FATCA code(s) entered on this form (if any) Indicating that you are exempt from the FATCA reporting, Is correct. See What is FATCA reporting? on page 2 for further Information. Cat. No, 10231X 75Q-50 Form Form W-9 (Rev. 12-2014) Note. It you we a U,S. person and a requester gives you a farm otherthan Form W-9 to request your TIN, you must use the requester's form If It Is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An Individual who Is a U.S. citizen or U.S. resident .item, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States; An estate (other than a foreign estate); or - A domestic trust (as defined in Regulations section 301.7701-7). Special rules for pannorships. Partnerships that conduct atrade or business In the United States are generally required to pay a withholding tax under section 1445 on any foreign partnere' share of effectively connected taxable Income from such business. Further, in certain cases where a Farm W-9 has not been received, the rules under section 1446 require a partnership to presume that a partner Is a foreign person, and pay the section 1448 withholding tax. Therefore, If you are a U,S, person that Is a partner In a pra nership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid sectioh 1448 withholding on your share of partnership Income. In the cases below, the following parson must give Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net Income from the partnership conducting a trade or business In the United Slates: • In the case of a dlsregarded entity with a U.S. Owner, the U.S. owner of the disregarded entity and not the entity; - In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S, owner of the grantor trust and not the treat; and - In the case of a U.S. trust (other Ihan a grantor trust), the U.S. trust (other than a grantor trust) and hot the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U,S. person, do not use Form W-9. Instead, use the appropriate Form W-8 or Form 8233 (see Publication 5'15, Withholding of Tax on Nonresident Allons and Foreign Ehtities). Nonresident alien who becomes a resident site". Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax an certain types of income. However, most tax treaties contain a provision known as a "saving clause" Exceptions specified In the saving clause may permit an exemption from tax to continua for cedain types of Income even after the payee has otheswi.a became a U.S. resident alien for tax purposes. 11 you are a LLS. resident alien who is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S, tax on certain types of Income, you most attach astatement to Form W-9 that specifies the following five Items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income 3. The article number (or location) in the tax treaty that contains the saving clause and Its exceptions. 4. The type and amount of Income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.B.-China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present In the United States. Under U.S. law, this student will become a resident alien for tax purposes If his or her stay In the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Anldo 20 to continue to apply even after the Chinese student becomes a resident alien of the United States, A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W-9 a statement that Includes the Information described above to support that exemption. If you are a nonresident alien ora foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What la backup withholding? Persons making cedain payments to you must under certain conditions withhold and pay to the IRS 28% of such payments, This Is called "backup withholding." Payments that may be subject to backup withholding include Intel ash tax-exempt interest, dividends, broker and barter exchange transactions, rents, royalties, honempioyee pay, payments made In settlement of payment card and third party network transactions, and certain paymenefrom fishing boat operators. Real estate h'ansactlons are not subject to backup Withholding. You will not be subject to backup withholding on payments you receive If you give the requester your correct TIN, make the proper cedifloatlons, and report all your taxable Interest and dividends on your tax return. Payments you receive will be subject to backup withholding ifi 1. You do not furnish your TIN to the requester, 2. You do not codify your TIN When required (see the Part 11 Instructions an page 3 for details), Page 2 3. The IRS tells the requester that you furnished an Incomect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for roportabla Interest and dividends only), or 5. You do not codify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend aceounls opened after 1983 only). Certain payees and payments are exempt from backup withholding. Sea Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 far more Information. Also see Special rules tarparinershlps above. What is II reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA me acting. See Exemptlan from FATCA reporling code on page 3 and the Instruotans for the Requester of Form W-9 for more Information. Updating Your Information You most provide updated Information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments In the future from this person. For example, you may need to provide updated Information If you are a G corporation that elects to be an S corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W-9 If the name or TIN changes for the account; for example, if the grantor of a grantor treat dies. Penalties Failure to furnish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of S50 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you ore subject to a $500 penally. Criminal penalty for falsifying Information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines serer Imprisonment. Misuse of TI Ns. If the requester discloses or uses TINS In violation of federal law, the requester may be subject fo civil and cdminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Farm W-9 IS fora Joint account, list first, and then circle, the name of the person or entity whose number you entered In Part I of Form W-9. a. Individual, Generally, enter the name shown on your tax return. If you have changed your last name without informing the Social Security Adminisbntien (SBA) of the name change, enter your IIrst name, the last name M 3119Wn On your social security card, and your new last name. Note. ITIN applicant: Enter your Individual nems as It was entered on your Form W-7 application, line Ia. This should also be the same as the name you entered on the Form 1040/104 OMI 04OEZ you filed with your application. F. Sole proprietor or single -member LLC. Enter your Individual name as shown on your'1040/1040AI1040EZ an line 1. You may enter your business, trade, or "doing business as" (DBA) name on Ilea 2, c. Partnership, LLC that is not a single -member LLC, C Corporation, .,S Corporation. Enter the entity's name as shown on the entity's tax return online 1 and any business, trade, or DBA name on line 2. it. Other entities. Enter your name as shown on required U.S. federal tax documents online 1. This name should match the name shown on the charterer other legal document creating the entity. You may enter any business, trade, or DBA name on line 2. a. Disregarded entity. For U.S. federal lax purposes, an entity that is dim'agarclod as an entity separate from its owner is It rated as a "disregarded entity." See Regulations section 301.7701-2(c)(2)(iii). Enter the owner's name on line 1. The name of the entity entered on line 1 should never be a disregarded entity. The carne on line 1 should he the name shown on the income tax mium on Which the Income should be reported. For example, if a foreign LLC that Is treated as a disregarded entity for U.S, federal tax purposes has a single owner that is a U.S. person, the U,S, owner's name is required to be provided on lire 1. If the direct owner of the entity is also a disregarded entity, enter the first owner that Is not disregarded for federal tax purposes. Enter the disregarded entity's name on line 2, "Business name/disregarded entity name." If the owner of the disregarded entity Is aforeign person, the owner must ..moral. so appropriate Form W-8 Instead of a Form W-9. This Is the case even If the foreign parson hes a U.S. TIN, 75Q-51 Form W-9 (Rev. 12-2014) Page 3 Line 2 11 you have a business name, trade name, DBA name, or disregarded entity name, you may enter it an line 2, Line 3 Check the appropriate box in line 3 for the U.S. federal tax classification of the person whose name Is entered on line 1. Check only one box In line 3, Limited Liability Company (LLC), If the name an line t is an LLC treated as a partnership for U.S. federal tax purposes, check the "Limited Liability Company" box and enter 'Pe In the space provided. If the LLC has filed Form 8822 or 2553 to be laxed as a corporation, check the "Limited Liability Company" box and In the space provided enter "O" for C corporation or "S" for S corporation, If it is a single -member LLC that is adisregarded entity, do not check the "Limited Liability Company" box: Instead check the fist box In line 3 "Individual/sole proprietor or single -member LLC." Line 4, Exemptions If you are exempt from backup withholding and/or FATCA reporting, enter In the appropriate space in line 4 any code(s)that may apply to you. Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding, a Except as provided below, corporations are exempt from backup Withholding for certain payments, Including Interest and dividends. a Corporations are not exempt from backup withholding for payments made In settlement of payment card or third party network transactions. a Corporations are not exempt from backup withholding with respect to attorneys' fees or grass proceeds paid to attorneys, and corporations that provide medical or health care services are not exempt with respect to payments reportable on Form 1099-MISC. The following codes Identify payees that are exempt from backup withholding. Enter the appropriate code In the space in line 4. 1—An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) If the account satisfies the requirements of section 401(Tf(2) 2—The United States or any of its agencies or Instrumentalities 3—A state, the Meat of Columbia, a U.S. commonwealth or possesslon, or any of their political subdivislons or instrumentalilles 4—A foreign government or any of Its political subdivisions, agencies, or Instrumentalities 5—A corporation 6—A dealer in securities or commodities required to register In the United Stales, the District of Columbia, or a U.S, commonwealth orposses tion 7—A futures commission merchant registered with the Commodity Futures Trading Commission 6—A real estate Investment trust 8—Ah entity registered at all times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) 11—A financial Institution 12—A middleman known in the investment community as a nominee or custodian 13—A trust exempt from tax under section 664 or described In section 4947 The following chart shows types of payments that may be exempt train backup withholding. The chart applies to the exempt payees listed above, l through 13. IF the payment is for... THEN the payment is exempt for... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncevered securities acquired prior to 2012. Barter exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to he Generally, exempt payees reported and direct sales over $5,000' 1 through 52 Payments made In eetllement of &t payees 1 through 4 payment card or third party network transactions I See Form 1099-MISC, Miscellaneous Income, and Its Instructions. 'However, the following payments made to a corporation and reportable on Form 1099-MISC are not exempt from backup withholding; medical and health care payments, atlerneys' fees, gross proceeds paid to an attorney reportable under section 6045th and payments for services paid by a federal executive agency. Exemption from FATCA reporting coda. The following codes Identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, If you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncedaln if the financial Institution is subject to these requirements. A requester may indicate that a code Is not required by providing you with a Form W-9 with "Not Applicable" (or any similar Indication) written or printed on the line for a FATCA exemption code. A—An organization exempt from tax under section 60 Us) or any Individual retirement plan as defined in section 77DI(a)(37) B—Tho United States or any of its agencies or Instrumentalities C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D—A corporation the stock of which Is mg ularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(.)(1)(1) E—A carpomlion that la a member of the same expanded affiliated group as a corporation described In Regulations section 1.1472-1(.)(1)01 F—A dealer in securities, commodities, or derivative financial Instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G—A real estate Investment trust H—A regulated Investment company as defined In section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I—A common trust fund as defined In section 584(a) J—A bank ..defined In section 561 I broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) M—A tax exempt trust under section 403(6) plan Or ... unit 457(8) plan Nate. You may wish to consult with the financial Institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Line 5 Enter your address (number, street, and apartment or suite number). This is where the requester of this Farm W-9 will mail your Information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SEN, your TIN is your IRS individual taxpayer Identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to gat a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that Is disregarded as an entity separate from Its owner (see Limited Liability Company (LLC) on this page), enter the owner's SEN (or EIN, If the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified as a corporation or partnership, enter the entity's FIN, Note. See the chart on page 4fer further clarification of name and TIN combinations. How to gat a TIN. If you do not have aTIN , apply for one Immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local SSA office or get this form online at www.ssa,gov. You may also get this form by calling 1-800-772-1213. Use Form W-7, Application far IRS Ihall Taxpayer droll ligation Number, to apply for an ITIN, or Form SS -4, Application for Employer Identl(!.alien Number, to apply for an FIN. You can apply for an EN online by accessing the IRS website at www3nrGoWbuslnesses and clicking on Employer Identlflcatlon Number BIN) under Starting a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1-600-TAX-FOHM (1-000-029-3676). if you are asked to complete Form W-9 but do not have a TM, apply for a TIN and write "Applied Far" In the spaca for the TIN, sign and date the form, and give It to the requester. For Interest and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to get a TIN and give It to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you Intend to apply for one soon. Caution: Adisregarded U.S. chilly that has a fomlgn owner must use the appropriate Form Ill 75Q-52 Farm W-9 (Rev. 12-2014) Page 4 Part H. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even if Items 1, 4, or 5 below Indicate otherwise. For a joint account, only the person whose TIN is shown In Part I should sign (when required). In the case of a disregarded entity, the person Identified on line 1 must sign. Exempt payees, see Exempt payea code earlier. Signature requirements. Complete the certification as Indicated In Items i through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered Inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must crass out Item 21n the certification before signing the form. S. Real estate transactions. You must sign the cartificallon. You may cross out Item 2 of the certification. 4, Other payments. You must give your correct Tl N, but you do not have to sign the c ntificatlon unless you have been notified that you have previously given an Incorrect TIN. "Other payments" include payments made In the course of the requester's trade or business for rants, royalties, goods (other than bilis for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made In settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, can collation of dubt, cru allfied tuition program payments (under section 529), IRA, Covardell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you de not have to sign the certification. What Name and Number To Give the Requester For this type of account: Give name and SEN of: 1. Individual The Individual 2, Two or more Individuals dolor The actual owner of the account or, account) if combined funds, the first individual on the account' S. Custodian account of a minor Tho mint' (Uniform Gift to Minam Aot) 4. a, The usual revocable savings The grantor -trustee' trust (grantor Is also trustee) b. So-called trust account that Is The actual owner' hat a legal or valid trust under state law 5. Sale proprietorship or disregarded The owner' entity owned by an individual 6. Grantor trust filing under Optional The grantor"' Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) Far this type of acca unt: Give name and FIN of: 7. Disregarded entity not owned by an The owner Individual 3. A valid frust, estate, or pension trust Legal entliv 9. Corporation or LLC electing The corporation corporate status on Farm 8032 or Form 2553 10. Association, club, religious, The organization charitable, educational, or other tax- exempt organa ation 11. Partnership or multi -member LLC The partnership 12. A brokeror registered nominee i' he broker or nominee 13. Account with the Department of The public entity Agriculture In The name of a public entity (such as a state or local government, school district, or prison) that reserves agricultural program payments 14. Grantor trust flung under the Form The fru at 1041 Filing Method or the Optional Farm 1099 Filing Method 2 (see Regulations section 1.871-4(6)(2)(1) (B)) ' L181 fist and circle the nem. of the porion whose number you furnish, if only one person on a joint account has an SSN, that person's number must be fumerhed. 'Circle the rnlnor's name and furnish the miner's SSN. o You must show your individual name and you may also enter your business or DBA mama on the "Busloona gameldroucadrded entity" memoirs. You may use either your SSW or FIN (lives have one), but the IRS encourages you to use your SEN. ' List Iloet and chole the name of the trust, estate, or pension trust (Do not furnish the TIN of the personal representative or trustee unless the legal amity Itself Is not designated Inthe account title.) Also one Special miss for pad arthips on page 2. *Note. Grantor also must provide a Form W -g to uustea of trust. Note. If no name Is elected when more than one name Is listed, the number will be considered to he that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal Information such as your name, SSN, or other identifying Information, without your permission, to commit fraud or other crimes. An Identity thief may use your SSN to get a job or may (Ile a tax return using your SSN to receive a refund. To reduce your risk; • Protect your SSN, • Ensure your employer Is protecting your SSN, and • Be carefut when ohousing a tax preperec If your tax records are affected by Identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by Identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit second, contact the IRS Identity Theft Hotline at 1-800-988-4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance, Victims of Identity theft who are experiencing economic berm or a system problem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (YAS) assistance. You can reach TAS by calling the TAS tell -free case Intake line a1 1-877-777-4778 or 7TY77DD 1400-829-4059. Protect yourself from suspicious emails or phishing schemes. Phiching is the creation and use of email and websites designed to mimic legitimate business amatls and wobstios. The most common act is sending an email to a user falsely assuming to bean established legitimate enterprise In an attempt to scam the user into surrendering private Information that will be used for Identity theft. The IRS does not Initiate contacts with taxpayers via emells. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to plashlogrifougov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tau Administration (TIGTA) at 1-800-366-4484. You can forward suspicious amatls to the Federal Trade Commission at: spam®uce.gov or contact them at www.1lc,gov1idthaR or 1-877-IDTHEFr (1-877-438-4338). Visit IRS.gov to learn more about Identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to parsons (Including taboret agencies) who are required to file Information returns with the IRS to report interest, dividends, or certain other Income paid 10 you; mortgage Interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to Ole Information returns with the IRS, reporting the above infohnetion. Routine uses of this Information Include giving It to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use In administering their laws. The In€ormallon also may be disclosed to other countries under a treaty, to federal and state ageneles to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to life a tax return. Under section 3408, payers must generally wlItihold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give aTIN to the payer. Certain penalties may also apply for providing false or fraudulent Information. 75Q-53 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2231 S. BRISTOL STREET (APN 015-194-36) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Resolution No. 2017 -XXX Exhibit 3 Page 1 of 6 75Q-54 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2231 S. Bristol Street (APN 015-194-36), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project'). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75Q-55 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: V�- /yam, f J066 M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75Q-56 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75Q-57 6/20/17 Exhibit "A" Legal Description A,P,N,: 015-19436 Real property In the City of Santa Ana, County of Orange, State of Californla, described as follows: LOT 187 OF TRACT 1192 AS PER MAP RECORDED IN BOOK 39, PAGES 16 AND 17 OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Resolution No. 2017 -XXX Page 5 of 6 75Q-58 EXHIBIT B :u ZI NX��ECe �O 0 Cc) (&,�J�,, 51'f:'F)FU0.'G YIE 0v �l \'� e4 1 _oo & O U(V� 0}� b _ Vl O U O ) a O 1.3 Y M Ste" �i i ij W 0 O O O i. tee;_$.=_-�.r«_. •_ ,.a3 ..,< q O @ 0 O O O k ® (D ci U Y ��N x , m.�_ ....,.�5�• I4�ews wrr_ @ e O O Q g'� •ea 4 'V' N ":,Y K. S e 5.e[tL.. W-- i2 e6lL_ { -- suis -- iMMN£R-/enm.vµ/ AI•ENIM Q ., x10.43 Resolution No. 2017 -XXX Page 6 of 6 75Q-59 75Q-60 75Q-61 06/15/2017 THV 10:22 FAX PETERSON LAW GROURi7 gN ! AES 10: 21 PROFESSIONAL CORPORATION SUITE 290 19800 MACARTHUR BOULEVARD MTY OF SANT. ANA IRVINE, CALIFORNIA 92612 CLERK OF COUNI IL TELEPHONE (949) 955.0127 FACSIMILE (949) 955-9007 June 15, 2017 Clerk of the Council City of Santa Ana, City Hall 20 Civic Center Plaza, M-30 Santa Ana, CA 92702 Facsimile: 714-647-6956 4001/001 Via Personal Delivery and Facsimile Re: Hearing on Resolution of Necessity — Antranik Ozbag Zorayan Bristol Street Widening Project APN 015.194.36 2231 S. Bristol Street, Santa Ana, CA ("Subject Property") Dear Members of the City Council: This office represents Antranik Ozbag Zorayan, owner of the Subject Property. Request is hereby made that this letter be made part of the record, and that we be given the opportunity to be heard at the hearing on the Resolution of Necessity. Mr, Zorayan does not challenge the Resolution of Necessity for the Subject Property. However, the prelitigation offer pursuant to section 7267.2 of the California Government Code is inadequate and does not rise to the fair market value standard. The offer reflects a depression in the surrounding area caused by the project, and thus the offer is project influenced. We look forward to working with the City in reaching a fair and just resolution of the acquisition of the Subject Property that complies with the fair market value standard. CDP: cl Very truly yo , Christopher D. Peterson 75Q-62 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: PUBLIC HEARING — RESOLUTION DETERMINING PUBLIC INTEREST AND NECESSITY FOR THE ACQUISITION OF REAL PROPERTY AT 2223 SOUTH BRISTOL STREET (PROJECT NO. 116741) (NONGENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3, C) a,o� , CITY VNA GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on I" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the condemnation of the entire real property located at 2223 South Bristol Street (APN 015-194-28) declaring the public necessity and interest therefore. DISCUSSION Bristol Street is a major north -south transportation facility which is designated as a major arterial highway in the City's Circulation Element of the General Plan. Improving the 3.9 -mile Bristol Street segment from Warner Avenue to Memory Lane has been a long-term priority project that is being constructed in several phases. Improvements include widening the street from two to three lanes in each direction, raised landscape medians, and bike lanes. Public Works Agency staff is acquiring properties for the development of Phase 4, bounded by Warner Avenue and Saint Andrew Place. Property acquisitions for this phase are expected to be completed by spring 2017, and construction is anticipated to begin in summer 2018. To accommodate the improvements and widening for Phase 4, acquisition of the parcel at 2223 South Bristol Street is required (Exhibit 1). The Public Works Agency has made a diligent effort to negotiate with the property owners and their representatives for the past 15 months. A good faith offer was made on January 30, 2017, in the amount of $659,010 (Exhibit 2). The Public Works Agency has made, and will continue to make, every effort to reach a settlement with the property owner. However, to maintain the Bristol Street Improvements project schedule and meet the funding requirement to commence construction in summer 2018, staff is requesting adoption of a Resolution of Necessity (Exhibit 3) and initiation of condemnation proceedings while negotiations continue. 7511-1 Public Hearing - Resolution Determining Public Interest and Necessity of Property at 2223 S. Bristol Street June 20, 2017 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). Approval of this item also supports the City's efforts to meet Goal #3 — Economic Development, Objective #2 (create new opportunities for business/job growth and encourage private development through new General Plan and Zoning Ordinance policies), Strategy C (support business development and job growth along transit corridors through the completion of critical transit plans/projects). ENVIRONMENTAL IMPACT In 1990, City Council approved the Bristol Street Final Environmental Impact Statement/Environmental Impact Report (FEIS/EIR No. 89-01). Due to several minor design modifications in Phase 4, which lies between Warner Avenue and St. Andrew Place, an Addendum to the FEIS/EIR was prepared and adopted pursuant to the California Environmental Quality Act by City Council on April 7, 2015. FISCAL IMPACT Funds in the amount of $659,010 are appropriated in the Bristol Street Improvements Project (No. 116741), Select Street Construction Fund (Account No. 05917661-66100), for transfer to the State Treasurers Office Condemnation Deposits Fund in FY 2016-2017. 4Fd savi our Executive Director Public Works Agency FM/EWG/JG/ML Exhibits: 1. Location Map 2. Offer Letter 3. Resolution of Necessity APPROVED AS TO FUNDS & ACCOUNTS: �j YMSk It�r1>)\1 Francisco Gutierrez f� Executive Director V Finance & Management Services Agency 75R-2 MATCHLINE SEE BELOW RIGHT I I i I 140$336-i1 i ST GERTRUDE PL I 1406471-01 i I i I t 406.471-17 I I i WARNER AVENUE 1x9140lm] -ru5JFrl PPOPEPTI' - FULL, ACUMEITION -kCOU IPfP PIPLIpu I'1F9 I i I I ST ANDREW PL I CAR PL I I I Yj I /,X�rf , GLENWOOD PL CAMDEN PL �ST ANNE PLS J P a7 7 7 w {- (n J O--. f�'r I m I j i pr t t7 ,T i ni i i i .-T._-T..-T-.. I I I u� '7 --- EXHIBIT 1 MATCHLINE SEE TOP LEFT SAVA AMA RESOLUTION DETERMINING PUBLIC 1 1, A CITY COUNCIL INTEREST AND NECESSITY - F� AGENDA DATE; FOR THE ACOUISrrION OF REAL VV, HH PROPERTY AT 2223 SOUTH BRISTOL STREET PUBLIC wanks ncewar (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 10; and 3, 2Ci PAGE 1 OF 1 75R-3 LLI nls:len.za1 �Ir Co J f O F �i a ----I Im 0, 5.I p4.3Q WARNER AVENUE 1x9140lm] -ru5JFrl PPOPEPTI' - FULL, ACUMEITION -kCOU IPfP PIPLIpu I'1F9 I i I I ST ANDREW PL I CAR PL I I I Yj I /,X�rf , GLENWOOD PL CAMDEN PL �ST ANNE PLS J P a7 7 7 w {- (n J O--. f�'r I m I j i pr t t7 ,T i ni i i i .-T._-T..-T-.. I I I u� '7 --- EXHIBIT 1 MATCHLINE SEE TOP LEFT SAVA AMA RESOLUTION DETERMINING PUBLIC 1 1, A CITY COUNCIL INTEREST AND NECESSITY - F� AGENDA DATE; FOR THE ACOUISrrION OF REAL VV, HH PROPERTY AT 2223 SOUTH BRISTOL STREET PUBLIC wanks ncewar (PROJECT NO. 116741 NONGENERAL FUND) (Strategic Plan No. 6, 10; and 3, 2Ci PAGE 1 OF 1 75R-3 RECEIPT OF OFFER PACKAGE Bristol Street Improvements -Warner Avenue to Saint Andrew Place Parcel File No. 015-194-28 Owner of Record: Dianne Rose Mendez, a married woman as her sole and separate property Additional Owners) of Record: NFA Property Address: 2223 S. Bristol Street, Santa Ana; CA 92704 This into acknowledge receipt of the offer package containing the following items: Offer letter dated January 30, 2017 which includes: Please return the SIGNED Receipt of Offer Package in the envelope enclosed. Dianne Rose Mendez, an individual EXHIBIT 2 75R-4 Date Fair Market Value of the Subject Property (Exh blt A) Preliminary Report Issued by Title Company (Attachment 1) Property Legal Description (Attachment 2) Statement of Just Compensation (Attachment 3) Summary Explanation Statement (Attachment 4) City of Santa Ana Handbook on Acquisition (Attachment 5) Statement of Ownership (Attachment 6) List of Improvements (Attachment 7) Your Rights Under Title VI (Attachment 8) W-9 Form (Attachment 9) Please return the SIGNED Receipt of Offer Package in the envelope enclosed. Dianne Rose Mendez, an individual EXHIBIT 2 75R-4 Date January 30, 2017 Dianne Rose Mendez 2223 S. Bristol Street Santa Ana, CA 52704 CITV OF SANTA ANA 2Q Cialc.Centar Plaid a P.O. BOX1988 Santa Ana California 92702 714-647-5013 MM S,aata•aha orq ACTING. CITY MANArER Gerardo.Mouet _. :CrTYATTORNEY Sonia R.Carvalho CLERK OF THE COUNCIL `Made D,. Nulzar- Via Certified Mail SUBJECT`.REVISED OFFER TO ACQUIRE PROPERTY AND IMPROVEMENTS PERTAINING TO REALTY AT 2223 S. BRISTOL STREET, SANTA ANA, CA 52704 APN: 015-194-28 [tear Property Owner, This Offer supersedes all prior Offers to Acquire. The City of Santa Ana ("City") is proceeding with its plans to construct Phase 4 of the Bristol Street improvements Project between Warner Avenue and Saint Andrew Place. The City obtained a preliminary title report that lists Dianne Rose Mendez, a married woman as her roles and separate property to be the vested owner of the above-mentioned property as shown in Attachment 1, The City seeks to acquire the property located at the above-mentioned address, which consists of the underlying real property as described in Attachment 2. The area to be acquired is referred to herein as the "Property". No final determination has been made as to the ownership of the Property. This offer is contingent upon presentation of conclusive evidence of title, if more than one person has an interest in the Property that the City is seeking to acgLlire, all parties with such interest must accept this offer, As you know, the City had your Property appraised by certified appraisers for the real estate as well as improvements pertaining to the realty to determine its fair market value. The appraisals were conducted in accordance with commonly accepted appraisal standards and included consideration of the highest and best use of the land, Based on the appraisals, the City offers you a total compensation of $659,010.00. The Fair Market Value of the Subject Property, which serves as the basis for this offer is attached as Exhibit A. This offer Is conditional upon the City Council ratifying this offer by a formal action taken at a regular public meeting authorizing the execution of a Purchase and Sale Agreement or adopting a Resolution of Necessity, or bath. 75R-5 2223 S. Bristol Street January 30, 2017 Page 2 If you are not satisfied with the City's offer, you are encouraged to present to us any material you believe to be relevant to the value of the Property, which material will be carefully considered by the City. If, in the City's opinion, the additional information warrants a change in the offer, the City's offer will be adjusted accordingly. If a voluntary agreement cannot be reached, the City may consider formal condemnation proceedings against the Property through its power of eminent domain or abandon its intention to acquire the Property, giving proper notice to you in either event. The City has made no decision to exercise its power of eminent domain to acquire the Property and can only do so after it holds a hearing, at which all affected Property owners have had an opportunity to appear and be heard. The Purchase Price is the full amount established by the appraisal as the fair market value of the Property and the just compensation for such acquisition. A written statement and a summary of the basis for the amount established as the Purchase Price is set forth in the attached Statement of Just Compensation, identified as Attachment 3. The City of Santa Ana Acquisition Handbook provides that each Owner from whom the City purchases real property or an interest therein, or each tenant owning improvements on said Property, be provided with information relating to the acquisition procedures pursuant to the Government Code, Paragraph 7267.2(a). This information is provided in Attachment 5. Please also be advised that under Code of Civil Procedure Section 1263.025, the City of Santa Ana will reimburse an owner of property, up to the amount of $5,000 for the owner to secure an independent appraisal of property subject to a potential acquisition. Please let us know prior to March 2, 2017 if the City's offer is acceptable. A written agreement concerning the acquisition of the Property will be provided to you for your review and approval. It is the desire of the City to acquire private property through voluntary purchase, if possible. While the City has the power of eminent domain, condemnation has not yet been authorized with respect to your property, and no decision has yet been made to use the power of eminent domain to acquire your property. 75R-6 2223 S. Bristol Street January 30, 2017 Page 3 If for any reason you should see fit not to accept the City's offer, please be advised that this letter, the offer made herein, the enclosed summary statements, and all matters stated herein are made under the provisions of California Evidence Code §§1152 and 1154 and shall not be admissible in evidence in any eminent domain proceeding which may subsequently be instituted for acquisition of the Property, or in any other action. If you need additional information, please call City's acquisition consultant, Kathy Cabanilla from Epic Land Solutions, Inc. at (310) 626-4841. Sincerely, Jason Gabriel, Principal Civil Engineer 75R-7 CLTA Preliminary Report Form (Rev. 11106) `Pqr AM nh,r fs HitstAmericau ritle Customer Reference: ATTACHMENT 1 Order Number: OSA-4443265 Page Number: 1 Updated First American Title Company 4 First American Way Santa Ana, CA 92707 Order Number: OSA-4443265 (bdaa) Title Officer: Bob Davies / Ashley Aegerter Phone: (714)250-3094 Fax No.: (714)913-6386 E -Mail: octitle2@flrstam.com Property: 2223 South Bristol Street Santa Are, CA PRELIMINARY REPORT In response to the above referenced appllcatlun for a policy of tltle Insurance, this company hereby report 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 maybe sustained by reason of any defect, lien or encumbrance not shown or referred to as an Exception below or not excluded from coverage pursuant to the printed schedules, Conditions and Stipulations 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 Exhibit A attached. The policy to be Issued may contain an arbitration clause. When the Amount of Insurance Is less than that setfodh In the arbitration clause, all arbitrable matters shall be atbibated at the option of either the Company or the Insured as the exclalva remedy of the padlles. Limitations on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Tile Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for carte In coverages are also set forth In Exhibit A. Copies of the policy forms should be read, They are available from the office which issued this report. Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Exhibit 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 hens, defects, and encumbrances affecting title to the land, This report (and any supplements of iniendntenls 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. First American Title page 1 of is 75R-8 Order Number: OSA-4443255 Page Number: 2 Dated as of August 24, 2015 at 7:30 A.M. The form of Policy of title insurance contemplated by this report Is: To Be Determined A specific request should be made if another form or additional coverage is desired. Title to said estate or Interest at the date hereof is vested in; DIANNE ROSE MENDEZ, A MARRIED WOMAN AS HER SOLE AND SEPARATE PROPERTY The estate or interest in the land hereinafter described or referred to covered by this Report is: FEE The Land referred to herein is described as follows: (See attached Legal Description) At the date hereof exceptions to coverage in addition to the printed Exceptions and Exclusions in said policy form would be as follows: 1. General and special taxes and assessments for the fiscal year 2015-2016, a lien not yet due or payable. 2. The lien of supplemental taxes, if any, assessed pursuant to Chapter 3,5 commencing with Section 75 of the California Revenue and Taxation Code. 3. An easement shown or dedicated on the Map as referred to In the legal description For: Public utilities and Incidental purposes. 4. Covenants, conditions, restrictions and easements in the document recorded as Book 1750, Page 154 of Official Records, which provide that a violation thereof shall not defeat or render invalid the lien of any first mortgage or deed of trust made in good faith and for value, but deleting any covenant, condition or restriction indicating a preference, limitation or discrimination based on race, color, religion, sex, handicap, familial status, national origin, sexual orientation, marital status, ancestry, source of income or disability, to the extent such covenants, conditions or restrictions violate Title 42, Section 3604(c), of the United States Codes or Section 12955 of the California Government Code. Lawful restrictions under state and federal law on the age of occupants In senior housing or housing for older persons shall not be construed as restrictions based on familial status. Document(s) declaring modifications thereof recorded as Book 1762, Page 484 and Book 4468, Page 121, both of Official Records. FirstAmer/can Title Page 2 of 15 75R-9 Order Number: OSA-4443265 Page Number: 3 51 An easement for either or both pole lines, conduits and Incidental purposes In the document recorded as Book 1634, Page 516 of Official Records. 6. An easement for either or both pole lines, conduits and incidental purposes in the document recorded as Book 1646, Page 155 of Official Records. A deed of trust to secure an original Indebtedness of $160,000.00 recorded September 05, 1990 as Instrument No. 90.471577 of Official Records. Dated: July 16, 1990 Trustor: Javier Mendez, a single man Trustee: SMS Trust Deed Services, a California Corporation Beneficiary: Pauline J. Moak, as Trustee and Subsequent Trustee, of the Pauline J. Moak Trust dated October 26, 1987 Notes: a. If this deed of trust is to be eliminated In the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title insurance: i. Original note and deed of trust, H. Payoff demand statement signed by all present beneficiaries. ill, Request for reconveyance signed by all present beneficiaries, b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 1.8500.5 of the California Probate Code in a form satisfactory to the Company A document recorded July 01, 1997 as Instrument No. 97-308684 of Official Records provides that the deed of trust or the obligation secured thereby has been modified. B. A deed of trust to secure an original Indebtedness of $154,818.00 recorded September 29, 2000 as Instrument No. 00-519556 of Official Records. Dated: September 19, 2000 Trustor: Javier Mendez, a married man, as his sole and separate property Trustee: First American Title Insurance, a California Corporation Beneficiary: Pauline 3, Moak, as Trustee and Subsequent Trustee of the Pauline J. Moak Trust dated October 25, 1987 FirstAme/%Can Title Page 3 of 15 75R-10 Order Number; OSA-4449265 Page Number: 4 Notes: a, If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title Insurance: i. Original note and deed of trust. IL Payoff demand statement signed by all present beneficiaries. iii. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial interest is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18500.5 of the California Probate Code in a form satisfactory to the Company 9. The effect of a deed of trust to secure an original indebtedness of $ 138,000.00 recorded April 16, 2013 as Instrument No, 13-225876 of Official Records. Dated: March 22, 2013 Trustor: Dianne Rose Mendez, a married woman as her sole and separate property Trustee: Pacific Coast Title Company, a California Corporation Lender: Richard Salvetta or Lydia Salvetta, Trustee of the Salvetta Family Trust dated October 7, 1992 The above deed of trust contains an erroneous or no legal description. Notes: a. If this deed of trust is to be eliminated in the policy or policies contemplated by this report/commitment, we will require all of the following prior to the recordation of any documents or the issuance of any policy of title Insurance: I, Original note and deed of trust. I. Payoff demand statement signed by all present beneficiaries. Ill. Request for reconveyance signed by all present beneficiaries. b. If the payoff demand statement or the request for reconveyance Is to be signed by a servicer, we will also require a full copy of the loan servicing agreement executed by all present beneficiaries. c. If any of the beneficial Interest Is presently held by trustees under a trust agreement, we will require a certification pursuant to Section 18500,5 of the California Probate Code in a form satisfactory to the Company 10. Any defects, Ilens, encumbrances or other matters which name parties with the same or similar names as Dianne Rose Mendez (3 Matters) . The name search necessary to ascertain the existence of such matters has not been completed. In order to complete this preliminary report or commitment, we will require a statement of information, it, Any right, title or Interest of the spouse (if any) of any married person herein. 12, Any right, title or interest of the spouse (if any) of JAVIER MENDEZ, 13. Rights of the public in and to that portion of the land lying within any Road, Street, Alley or Highway. 14. Rights of parties in possession. FirstAmerican Title Page 4 of 15 75R-11 Order Number: OSA-4443265 Page Number: S Prior to the issuance of any policy of title insurance, the Company will require: 15. A deed from the spouse of any married person herein be recorded In the public records, or the joinder of the spouse of any married person named herein on any conveyance, encumbrance or lease to be executed by said married person. 16. A deed from the spouse (if any) of JAVIER MENDEZ be recorded in the public records, or the joinder of the spouse named herein on any conveyance, encumbrance or lease to be executed by said married person. The deed should contain the following statement: "It Is the express Intent of the grantor, being the spouse of the grantee, to convey all right, title and Interest of the grantor, community or otherwise, in and to the herein described property to the grantee as his/her sole and separate property." FirstAmerican Title Page 5 of 15 75R-12 Order Number: 0SA-4443265 Page Number: 6 INFORMATIONAL NOTES Note: The policy to he issued may contain an arbitration clause, When the Amount of Insurance is less than the certain dollar amount set forth in any applicable 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. If you desire to review the terms of the policy, including any arbitration clause that may be included, contact the office that issued this Commitment or Report to obtain a sample of the policy jacket for the policy that is to be Issued in connection with your transaction. 1. General and special taxes and assessments for the fiscal year 2014-2015. First Installment: $1.,817.88, PAID Penalty, $0.00 Second Installment: $1,817.88, PAID Penalty: $0.00 Tax Rate Area: 11-101 A. P. No.: 015444-28 2. According to the latest available equalized assessment roll In the office of the county tax assessor, there is located on the land a(n) Commercial Structure known as 2223 South Bristol Street, Santa Ana, CA, 3. According to the public records, there has been no conveyance of the land within a period of twenty -Four months prior to the date of this report, except as follows: None The map attached, If any, may or may not be a survey of the land depicted hereon. First American expressly disclaims any liability for loss or damage which may result from reliance on this map except to the extent coverage for such loss or damage is expressly provided by the terms and provisions of the title insurance policy, if any, to which this map is attached, FbstAmel%Can Title Page 6 of 15 75R-13 Order Number: OSA-4443265 Page Number: 8 LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOT 189 OF TRACT 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 015-194-28 Fiistknei/can Title Page 8 of 15 75R-14 PageNum%gym_ L I � "eek& .. \= 4 |� , 2, , %~ƒ ~@ ' PageNum%gym_ L I � "eek& aam,r Page 9 of 75R- k \ .. \= 4 |� aam,r Page 9 of 75R- k \ ATTACHMENT LEGAL DESCRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SANTA ANA, AND IS DESCRIBED AS FOLLOWS: LOT 189 OF TRACT 1192, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S) 16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. 75R-16 75R-17 ATTACHMENT 3 STATEMENT OF JUST COMPENSATION Assessor's Parcel: 015-194-28 Property Owner: Dianne Rose Mendez, a married woman as her sole and separate properly. Property Address: 2223 South Bristol Street Santa Ana, California Location of Parent Property: East side of Bristol Street, beginning 230± feet north of Warner Avenue, within the corporate limits of the City of Santa Ana. Description of Parent Property: The property is presently improved with a commercial office building of wood frame and stucco construction. The building contains 1,194 square feet; and was originally constructed in 1951±. Other appurtenant on-site improvements located within the boundaries of the subject parcel include a four -car carport structure, concrete paving, concrete block walls, business sign, concrete curbing, concrete auto stops, metal bollards (auto stops), inground irrigation system, and ornamental landscaping. Overall condition of the subject improvements is rated average -good, considering the age. The development is situated on a parcel containing 6,122 square feet of land area. Zoning: Bristol Street Corridor Specific Plan. The property has been appraised under the previous zone classification of C-5 (arterial commercial) as a means of avoiding project influence. Topography: Effectively level topography. Utilities: In place at site. Highest and Best Use: Highest and best use is defined as the reasonably probable and legal use of land, which is legally permissible, physically possible, and financially feasible that results in the highest value. Highest and best use analysis is used in the appraisal process to identify comparable properties and, where applicable, to determine whether the existing improvements should be retained, renovated, or demolished. The results of the highest and best use analysis are: As if Vacant: Commercial development. As improved: Existing use. Date of Value: December 12, 2016 Public Use for Property: Bristol Street Improvement Project. Estate to be Acquired: Fee simple acquisition of entire subject property. Legal Description: Lot 189, Tract No. 1192, per map recorded in Book 39, Page 17 of Maps, in the office of the County Recorder, County of Orange, California. Area to be Acquired: 6,122 square feet of land area (full acquisition). Market Value: $650,000. 75R-17 Summary of the Basis for Just Compensation There are three conventional methods (approaches) which can be utilized to estimate value. They are the Sales Comparison Approach, Cost -Summation Approach, and Income Capitalization Approach. The Sales Comparison Approach and Income Capitalization approach have been applied to the subject property. The Cost -Summation Approach is without meaningful application in the subject case due to the age of the existing improvements and resultant difficulty in accurately estimating accrued depreciation. Further, market participants rarely rely on the Cost -Summation Approach when making buy -sell decisions. Sales Comparison Approach: The Sales Comparison Approach takes into account properties which have sold in the open market. This approach, whether applied to vacant or improved property, is based on the Principle of Substitution, which states, "The maximum value of a property tends to be set by the cost of acquiring an equally desirable substitute property, assuming no costly delay is encountered in malting the substitution." Thus, the Sales Comparison Approach attempts to equate the subject property with sale properties by analyzing and weighing the various elements of comparability. The Sales Comparison Approach has been applied to the subject property after an investigation and analysis was conducted of improved commercial office building properties located within the immediate and general subject market area. Following is a sunnnaty of those sales considered helpftrl-'wheri estimating the value ofthe-subfeot property as prescrttlyimproved-- — Land Size Corner Zoning Land/Bldg. $/SF Land Data bate Bldg. Size Built Const'n. Ratio Sale Price $/SF Bldg. 1. 7-16 8,542 sf no CCSP 6.92:1 $ 650,000. $ 76.09 1,235 sf 1948 fmil.stuc. $526.32 10931 Chapman Avenue, Garden Grove 2. 7-16 7,125 sf yes C-1 3.18:1 $1,025,000. $143.86 21242 sf 1961 fnndstuc. $457.18 1545 Nutmeg Place, Costa Mesa 3. 8-16 5,696 sf no CG 3.61:1 $ 850,000. $149.23 1,576 sf 2007 frrn./stue. $539.34 7621 Commonwealth, Avenue, Buena Park 4. 9-16 9,372 sf no C-5 6.25:1 $1,000,000. $106.70 1,500 sf 1949 frm./stuc. $666.67 4728 West 1" Street, Santa Ana 5. 9-16 6,450 sf no O -P 2.90:1 $1,050,000. $162.79 2,224 sf 1921 frrn./stuc. $472.12 924 East Chapman Avenue, Orange 75R-18 Summary of the Basis for Just Compensation (Continued) Sales Comparison Approach. (Continued) The improved properties surveyed contain buildings ranging in size from 1,235 to 2,242 square feet. The buildings were constructed between 1921 and 2007, and are situated on parcels ranging in size from 5,696 to 9,372 square feet of land area. The sale properties employed herein represent the most recent comparable improved sale properties available for analysis. Due to the lack of a representative number of reasonably comparable improved commercial properties having recently sold within the immediate subject market area, it was necessary to expand the geographic search area to include the greater Orange County region. Particular consideration has been assigned to general location and immediate environmental influences in the analysis of the sale properties employed herein. The purchase price per square foot of building area has been utilized as the primary unit of analysis in the Sales Comparison Approach inasmuch as it is widely used among market participants. The overall purchase prices range fi-om $650,000 to $1,050,000, reflecting $457.18 to $666.67 per square foot of building area. All of the sales employed herein conveyed title to the fee simple interest, and represent arm's-length transactions. Financing terms of each sale were typical of the subject market area. Adjustments are not warranted for property rights conveyed, conditions of sale, or financing terms. Certain of the improved sales data, considered extended over a time period back to the third quarter of 2016. The time frame permitted the development of a rather comprehensive real estate market profile. The sales employed in this report are set forth in chronological order, and took place between July, 2016 and September, 2016. Inasmuch as the sales took place during stable market conditions, adjustments for same are not warranted. After viewing each of the sale properties, and obtaining certain information pertinent to value, the appraiser analyzed the various elements of comparability for each sale property which, among others, include the following: General location. Immediate environmental influences. Zoning. Vehicular and pedestrian access. Vehicular and pedestrian traffic. Building size/features. Building age and condition. Construction type and quality. Availability of public alley. Overall developability. Site frontage/depth ratio. Site prominence and exposure. Proximity to freeway. Building remodeling, if any. on-site parking capacity. .Extent of other on-site improvements. A Relative Comparison Analysis (RCA) has been conducted between the individual comparable properties and the subject property. The RCA is a qualitative technique for analyzing comparable sales, and is a valuable tool employed to illustrate whether the characteristics of a comparable property are inferior, superior, or similar to those of the property under appraisement. 75R-19 Summary of the Basis for Just Compensation (Continued) Sales Comparison Approach: (Continued) The Relative Comparison Analysis is similar to paired data analysis without fire use of arbitrary or unsupportable quantitative adjustments. This technique acknowledges the imperfect nature of the subject real estate market. The primary objective is to bracket the subject property between the comparable sales with respect to the similarity, superiority, and inferiority thereof. Superior elements of comparability of an individual sale property would reflect a downward adjustment to the value indication thereof, Conversely, inferior elements suggest an upward adjustment. Additionally, it is important to note that the above elements of comparability were not assigned equal weight in malting the analysis of each property. The general location, immediate environmental influences, land size, building size and features, building age/condition, as well as site prominence/exposure were considered the most important factors in the subject case. Overall marketability of each sale property was also considered. Marketability is the practical aspect of selling a property in view of all the elements constituting value, and certain economic and financing conditions prevailing as of the date of sale. Allowance was made for these factors when considered applicable, Another important factor considered in analyzing the overall purchase price per square foot of building area is that of the land/building area ratio. The sale properties have ratios ranging between 2.90:1 and 6.92:1. The subject property has a ratio of 5.13:1. All of the sale transactions employed herein were considered helpfal in the valuation analysis of the subject property, Following is a summary relating the overall comparability of the individual sale properties to the subject site: After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is the appraiser's opinion that the value of the subject property is estimated as follows: Building factor: 1,194 SF @ $550.00 = $656,700. Inasmuch as the subject property is an improved property, and would be acquired for the utility and/or income producing capability of the building improvements, the value indication produced by the building factor has been assigned the most weight. The value of the subject property, as presently improved, and as indicated by the Sales Comparison Approach, is adjusted to $655,000. 75R-20 Overall $ Per Data Comparability SF Bldg. 2 inferior $457.18 5 inferior. $472.12 1 inferior $526.32 3 slightly inferior $539.34 Subject - - - - $550.00 4 superior $666.67 After considering the various elements of comparability, as well as economic and financial conditions prevailing during the consummation of the various sale properties, as compared to current market conditions, it is the appraiser's opinion that the value of the subject property is estimated as follows: Building factor: 1,194 SF @ $550.00 = $656,700. Inasmuch as the subject property is an improved property, and would be acquired for the utility and/or income producing capability of the building improvements, the value indication produced by the building factor has been assigned the most weight. The value of the subject property, as presently improved, and as indicated by the Sales Comparison Approach, is adjusted to $655,000. 75R-20 Summary of the Basis for Just Compensation (Continued) Income Capitalization Approach: The Income Capitalization Approach is based on the capitalization of net income generated, or capable of being generated, by the subject property. The net operating income is the product of the estimated gross rental income, less allowances for long term vacancy/credit loss and various expense charges. The income/expense pro forma set forth herein is intended to reflect a typical stabilized holding period. Following is the income and expense schedule considered applicable to the subject property. Main building: 1,194 SF @ $2.60 = $3,104, Total gross annual income: $3,104 x 12 = $37,248. Vacancy and credit loss (3,0%): - 1,117. Effective gross annual income: $36,131. Annual expenses: , /SF %EG1 Real estate taxes (by tenant): $0.00 0.0% $ 00. Insurance (by tenant): 0.00 0.0% 00. Management (3%): 0,90 3.0% 1,080. Legal and accounting: 0.29 1.0% 350. Maintenance/repairs: 067 2.2% g00. $1.86 6.2% Total annual expenses: - 2,230. Net annual operating income: $33,901. ------------------- Capitalization of net income: $33,901 capitalized at 5.25% _ $645,733. Adjusted: $645,000. .Reconciliation: Value indicated by Sales Comparison Approach: $655,000. Value indicated by Cost -Summation Approach: Not applicable, Value indicated by Income Capitalization Approach: $645,000. Final Estimate of Market Value: Based on the foregoing, as well as the valuation analysis set forth in the appraiser's file, the market value of the tmencumbered fee simple interest in the subject property, in as -is condition, exclusive of non -realty fixture/equipment items, is estimated at $650,000. 75R-21 ATTACHMENT 4 SUMMARY RY EXPL.ANATION STATEMENT You are entitled to receive full payment prior to vacating the real property being purchased unless you have heretofore waived such entitlement. You are not required to pay recording fees, transfer taxes, or the pro rata portion of real property taxes which are allocable to any period subsequent to the passage of title or possession. 1. The holders of liens, deeds of trust or other security interests in your property and/or any leases or tenants of your property may be entitled to all or a portion of the consideration to be paid by the City. of Santa Ana ("City") for your property in accordance with the particular contract(s) existing between you and the lien holder or lessee/tenant, 2. All buildings, structures, and other improvements affixed to the land described in the reference documents covering this transaction and owned by the grantor herein or, if applicable, owned by you as a tenant are being conveyed unless other disposition of these improvements have been made. The interest acquired is fee title. 3. The amount determined to be just compensation was determined after consideration of an appraisal of the fair market value of the Parcel. The basis for the amount determined to be just compensation is summarized on the attached Appraisal Summary Statement (Statement of Just Compensation) and the amount of the Purchase Price: a. Is the frill amount believed by the City to be just compensation for the property taken; b. Is not less than the approved appraisal of the fair market value of the property as improved; c. Disregards any decrease or increase in the fair market value of the pablic improvement for which the property is to be acquired for such public improvement, other than that due to physical deterioration within the reasonable control of the owner or occupant; and d. Reflects the definition of "fair market value" as defined in Eminent DomainLaw (California Code of Civil. Procedure Section 1.263.320) which is "the highest price on the date of valuation that would be agreed to by a seller being willing to sell but under no particular or urgent necessity for doing so, nor obliged to sell, and a buyer, being ready, willing and able to buy but under no particular nines sity for so doing, each dealing with the other will full knowledge of all the uses and purposes for which the property is reasonably adaptable and available." e. Does not reflect any consideration of or allowance for any relocation assistance and payments or other benefits which the owner is entitled to receive under an agreement with the public entity. 4. If you ultimately elect to reject the offer made by the City of Santa Ana for your property, you are entitled to have the amount of compensation determined by a court of law in accordance with the laws of the State of California. 75R-22 ATTACHMENT 5 CITY OF SANTA ANA Public Works Agency 20 Civic Center Plaza M-36 Santa Ana, CA 92702 75R-23 Dear Property Owner: Our State and Federal Constitutions recognize the need for public agencies to purchase private property for public use. The Uniform Relocation Assistance and. Real Property Acquisitions Policies Act of 1970 (Uniform Act), or similar State Legislation and eminent domain law of the State of California authorize purchase of private property for public use and ensure that owners of real estate (real property) to be acquired are treated fairly and consistently. This Handbook provides a brief summary of the City's acquisition procedures and various laws it is not intended to give a complete statement of all state or federal laws and .regulations pertaining to the purchase of your property for a public use, technical legal definitions or any form of legal advice. Recipients of offer letters from the City should be aware that such laws and procedures ase subject to change by future legislation and/or court decisions. In the event the City decides to proceed with the proposed acquisltlou, City's acquisition consultant will contact you. 75R-24 i ZA B]L.E Or CONTENTS PAGE WHYIS MY PROPERTY REQUIRED? ] WHAT RIGHT DGES THE CITY HAVE TO ACQUIRE MY PROPERTY? 1 WI10 MAKES THE DECISION TO BUY MY PROPERTY? 1 HOW WILL THE CITY DETERMINE HOW MUCH TO OFFER ME FOR, MY PROPERTY? 1 WHAT IS rAIR MARKET VALUE? 1 How DOES AN APPRAISER DETERMINE THE FAIR MARKET VALUE OF MY PROPERTY? 2 WILL I HAVE A CHANCE TO TALK TO THE APPRAISER? 2 ONCE THE CITY DETERMINES THAT MYPROPERTY IS NECESSARY FOR A PUBLIC PROTECT, HOW SOON WILL TIM CITY GIVE ME A WRITTEN PURCHASE OFFER? 2 WHAT IS IN THE CITY'S STATEMENT OF THE.BASIS FOR ITS DETERMINATION 2 OF WST COMPENSATION7 CAN I GET AN APPRAISAL? 3 MUST I ACCEPT THE CITY'S INITIAL OFFER? 3 MAY I HAVE SOMEONE REPRESENT ME DURING NEGOTIATIONS? 3 IF I AGREE TO ACCEPT THE CH Y'S OFFER, HOW SOON WILL I BE PAID? 4 WHAT HAPPENS IF I DO NOT AGREE TO THE FINAL PURCHASE OFFER? 4 WHAT HAPPENS IF THE CITY CONDEMNS MY PROPERTY? 4 WHAT IS AN ORDER OF POSSESSION? 4 WILL I HAVE TO PAY ANY SETTLEMENT COSTS? $ MAY I KEEP ANY OF THE BUILDINGS OR OTHER IMPROVEMENTS ON MY PROPERTY? S CAN THE CITY" TAKE ONLY A PART OF MYPROPERTY7 6 WILL I HAVE TO PAY RENT TO THE CITY AFTER MY PROPERTY IS ACQUIRED? 6 HOW SOON MUST I MOVE? 6 .AMI ENTITLED TO RECOVER LOSS OF BUSINESS GOODWILL? 6 I AM A VETERAN, HOW ABOUT MY GI LOAN? 7 MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I 7 PAY CAPITAL GAINS TAX ON TI -M INCREASE? WHAT IF I HAVE OTHER QUESTIONS ABOUT THE PROCESS? 7 75R-25 WHY ISMY PROPERTY TRE'QpMZED? The City of Santa Ana, Public Works Agency (the City), has determined that your property may be requhed for the improvements of Bristol Street. WHAT RIGHT DOES THE CITY HAV, TO AVOUTRE MY PROVERTY? Every public agency has certain powers that are necessary for it to operate effectively. For example, States have the power to levy taxes and the power to maintain order. Another power is the power to acquire private property for public purposes. This is known as the power of the eminent domain, The rights of each of us are protected by the fifth and fourteenth Amendments of the U.S. Constitution, the State Constitution and eminent domain laws which guarantee that if a public agency takes private property it must pay "just compensation" to the owner. Further, under the California Government Code and Title 25 of the California Code of Regulations, the owner has additional protections, some of which are explained in this brochure. WHO NIAMS THC DECISION TO BUY 74Y PROPERTY? The decision to acquire specific property for a public project usually involves many persons and many decisions. The final decision to proceed with a project is made by the Santa Ana City Council after a thorough review that includes public hearings to obtain the views of intarasted citizens. HOW WILL TIME CITY DETERMMI HOW MUCH TO OFF.CR ME FOR MY PROPERTY? Before malting you an offer, the City will obtain an appraisal of your property. A qualified, licensed, professional appraiser who is familiar with local property values will do the appraisal. The appraiser will inspect your ,property and state his or her professional opinion of its current fair market value in an appraisal report. The City is required to offer you "just compensation" for your property. This amount cannot be less than the fair market value of your property, as determined by the City on the basis of its approved appraisal. WHAT IS FAIR MARKET VALUE? The fair market value of real property being taken for a public project is the highest pricy on the date of valuation that would be agreed to by a seller, being willing to sell but under no particular or urgent necessity for so doing, nor obliged to sell, and a buyer, being ready, willing, and able to buy but under no particular necessity for so doing, each dealing with the other with full knowledge of all the uses and purposes for which the property is reasonably adaptable and available. 75R-26 HOW DOES AN APPIWNER (DETERMINE TM FAIR MARKET VALUE, OF MY PROPERTY? Each parcel of real property is different and therefore no single formula can be devised to appraise all properties. Among the factors an appraiser typically considers in estimating the value of real property are: How it compares with similar properties in the area that have been sold recently. How much it would cost to reproduce the buildings and other stractures, less any depreciation. FIow much rental income it could produce after expenses and how investors typically value that income. WILL I HAVE A CFI.ANCE TO TALK TO THE APPRAISER? YES. You must be contacted and given the opportunity to accompany the appraiser on the inspection of your property. You may then inform the appraiser of any special features that you believe may add to tho value of your property. It is in your best interest to provide the appraiser with all the useful information you can in order to insure that nothing of allowable value will be overlooked. if you prefer, you may designate a representative in writing fox this purpose, ONCE THP CITY 1DETERMINES THAT MY PROPERTY IS NECESSARY FOR A PUBLIC PROJECT, HOW SOON WILL THE CITY GIVE ME A WRITTEN PURCHASE OFFER? The thning of a purchase offer depends on the following factors; The amount of work required to appraiseyour property, The availability of funding; and Possible project delays caused by factors outside the control of the City, Typically, when there are no funding issues or other project delay factors, you can expect a written purchase offer within 60 days of completion of the appraisal. The appraisal for business or industrial property can take several months to complete due to the much greater complexity involved. The City will give you a written offer to acquire your property for the fWl amotmt determined to be just compensation, and it will do so promptly. Along with the offer you will receive a written statement explaining the basis for the determination of just compensation. The City will not initiate negotiations until the purchase offer is sent out and your receipt of the offer is acknowledged. WHAT YS IN TIM CITY'S STATEMENT OF THE BASIS FOR ITS DETERMINATION OF JUST COMPENSATION? The City's "statement of the basis for its determination of just compensation" will be provided to you with the written purchase offer. Among other things, this statement will include: The recognized definition of the term "fair market value" or the equivalentterm. 75R-27 • The date of valuation, highest and best use, and applicable zoning of property, • An accurate description of the property to be acquired. • A list of the improvements covered by the offer, • The principal transactions, reproduction or replacement cast analysis, or capitalization analysis, supporting the determination of value, • The amount of the offer, • Where appropriate, the just compensation for the real property acquired and for damages to remaining real property shall be separately stated and shall include the calculations and narrative explanation supportvagthe compensation, Including any offsetting benatits, • An indication that the offbr does not reflect any relocation payments or other relocation assistance that you may receive under other regulations. CAN T GET MY OWN APPRAISAL? YES. Pursuant to the California Code of Civil Procedure 'Section 1263.025 should you elect to obtain an independent appraisal, the City will pay for the actual reasonable costs up to $5,000 subject to the following conditions; • You may order your own independent appraisal. Should you enter into a contract with the selected appraiser, the City will not be a party to the contract. • The selected appraiser you select must be licensed with the California State Office of Real Estate Appraisers (OREA). • At the time the City makes its offer to you, it will offer to pay you the reasonable cost, notto exceed $5,000 of the cost of your independent appraisal. • Appraisal cost reimbursement requests must be made in writing and submitted to the City of Santa Ana, Public Works Agency, 20 Civic Center Plaza M-36, Santa An a, CA 92702, within ninety days of the earliest of the following dates: (1) the date the selected appraiser requests payment from you for the appraisal; or, (2) the date upon which you, or someone on your behalf, remitted full payment to the selected appraiser for the appraisal. Copies of the appraisal contract (if a contract was made), appraisal report, and invoice for completed work by the appraiser must be provided to the City concurrent with submission of the appraisal cost reimbursement request. All appraisal costs must be reasonable and justifiable. MUST I ACCEPT .TFCC+ CTTY'S TNTPIAL OFFER? NO. You are entitled to present your evidence as to the amount you believe is the value of your property and to make suggestions for changing the terms and conditions of the offer. The City will make reasonable efforts to consider and respond to your evidence and suggestions (including an appraisal), When fully justified by the available evidence of value, the City may make a revised offer, MAY I HAVE SOMEONE REPRESENT MC IDURING NEGOTIATTONS? YES. You may have an attorney or anyone else represent you during your negotiations with the City. If you choose to have representation during the negotiations, please so inform the City in writing. You will be responsible to pay the costs of any such representation. 75R-28 N' I AGREE' TO ACCEI T TTTg' CITY'S OFFER, HOW MOON'6MI, I BE PAID? If you and the City reach an agreement for the purchase of your property by the City and your ownership (title) is clear, payment to you will be made at a mutually acceptable time. Generally, you can expect to be paid in about ninety (90) days after the City signs the Purchase Agroomont, If the title evidence obtained by the City indicates that further action is necessary to show that your ownersblp is clear, you may be able to hasten the payment by helping the City to obtain the necessary proof. (Titte evidence is a legal record of ownership of the property. It identifies the owners of rocord and lists the restrictive deed covenants and recorded mortgages, liens and other iustr aments affecting your ownership of the property.) WHAT IIAI'PENS IF I ID NOT AMEE T'D TfW FI NAL PURCHASE OFFER W TBA CITY? If you and the City are unable to reach an agreement tbrough negotiations, the City will then either institute formal eminent domain (condemnation) proceedings to acquire the property or abandon its intention to acquire the property. In the latter case, the City will give you notice of its decision as provided by law. The power of eminent domain may only be exercised if. 1) the public Interest and necessity require the project; 2) the project is planned or located in the manner drat will be most compatible with the greatest public good and the least private injury; and 3) the property sought to be acquired is necessary for the project. Eminent domain proceedings are often referred to as condemnation actions., The City may only file a condemnation action after the adoption of a Resolution of Necessity by its Board of Directors. Such resolution must be adopted at a public hearing, of which the owner(s) of the property willreceive written notice at least 15 days in advance of the hearing, .After the hearing, assuming need and necessity has been substantiated and determined, the City can file a condemnation suit. During the condemnation action, you will be provided an opportunity to introduce your evidence as to the value of your property. The City will have the same right. After hearing the evidence of all parties; the court or a jury will determine the amount of just compensation to which you ate entitled. In the State of California, a prop city owner and the City have a constitutional right to have a jury determine the value of the property in question. If the owner and the City decide to waive their right to a jury trial, ajudge can determine just compensation. To help you in presenting your case in a condemnation proceeding, you may wish to consider employing an attorney and an appraiser. however, the costs of these professional services and other costs that you incur in presenting your case to the court are your responsibility unless the court orders that you are to be reimbursed for your litigation expenses. WHAT IS AN OIWER OF POSSESSION? An order of possession is aprocess within a condemnation action that allows the City to have the possession of your property prior 'to a negotiated settlement or an award of just compensation in 75R-29 r court. This procedure is used typically where the possession of your property Is necessary to accomplish timely construction of the project for which your property is being acquired. To obtain an order of possession, the City most deposit with the coot an amount not less than its appraisal of the fair market value of the property. Ordinarily, the owner or lessees are then permitted to withdraw their share of this amount, LESS any amounts necessary to pay off any mortgage or other liens on the property and sums necessary to resolve any special ownership problems, A withdrawal of the deposit by the property owner results in a waiver by the owner of the right to challenge the City's authority to take the property, but does not waive the owners right to seek additional compensation. Early withdrawal of your share of the money will not affect your right to sock. additional compensation for your property. Should the negotiated settlement or court award exceed the amount deposited by the City, you will be paid the differeaco plus any interest and costs as provided by law. WILL FHAVE TO PAYANY SETTLEN"I T COSTS? If you and the City enter Into an agreement for the City's purchase of your property, you will not beresponsible for the reasonable andnecessary costs of: Escrow fees and fees for other services typical in a real estate transaction, recording fees, transfer taxes and any similar expenses that are incidental to transfer ownership to the City. Penalty costs and other charges necessary to permit prepayment of an earlier recorded mortgage on the property that was entered into in good faith. Real property taxes covering the period atter the City acquires your property. Escrow or the City will identify these items in a preliminary Closing Statement or equivalent to be given to you at the time of settlement. Ordinarily, if you have paid any of these expenses yourself, you will be repaid at that time. If you later discover other costs for which yyou should be repaid, you should request repayment from the City within six months after the acquisition, City will assist you in processing your claim for these costs. If there are loans or other liens and encumbrances against the property, you will be responsible for paying them from the purchase price being paid to you by the City. MAY I KEEP ANY OF TM BUMDL%8 OR OTHER TlOROVEMENTS ON MY PROPERTY? Sometimes improvements may exist on a property, which are not required by the City. If you wish to keep any of the improvements, please let your Acquisition Agent know, If you do arrange to keep any improvement(s), the City will deduct its salvage value from the purchase price you would otherwise receive. (The salvage value of an item is its probable selling price if offered for sale on the condition that the buyer will remove it at his or her own expense.) If you arrange to keep any improvement pertaining to the property, you will not be entitled to receive a relocation payment for the cost of moving it to anew location. . 75R-30 CAN TM CITY TAXKE ONLY APART Orf MY PROVE' RTY? YES. But, if the purchase of only a part of your property reduces the value of the remaining part(s), you must be paid for the loss in value (offset by any special benefits accruing to the remainder resulting from the new public improvements). Also, under thoso circumstances, if any remaining part would have little or no utility or value to you, the City will offer to buy that remaining part if you so desire. WEM I HAVE TO P A V REFIT TO THE CITY AE'I'EIB. MY PROPERTY IS .ACQUINID? If you (or yom• tenant) wish to remain in the property after acquisition for a short teen or for a period subject to termination by the City on short notice, you will be required to sign a rental agreement or similar document. The rent will not exceed the lesser of the fair rental value of the property to a short-term occupier or the proratedportion of the fair rental value for a typical rental period. However, the amount of rout to be paid by your or yom• tenant shall be witbiu your financial means or your tenant's fmancial means, as the case may be. HOW SOON MUST I MOVE? If you reach a voluntary agreement to sell your property, you cannot be required to move before you receive the agreed purchase price. In the case of a condemnation, you cannot be required to move before the estimated fair market value of the property has been deposited with the court so that you can withdraw your share. Every reasonable effort will be made to give you ample time to relocate after the acquisition of your property. In most cases, a mutually satisfactory arrangement can be worked out. You cannot be required to move without at least 90 days advance written notice of the date by which your move is required. In addition, if yon are being displaced from your residence, a decent, safe and sanitary replacement property must be available before you can be required to move. AM I ENTITLED TO RECOVEIt LOSS OT BUSINESS GOODWILL? The offer of compensation made by the City does not include any consideration for loss of business goodwill, which may be claimed by an owner of a business if one is being conducted on the property or on, the remainder if the property being acquired is part of a larger parcel. Code of Civil Procedure Section § 1263.510 Loss of Goodwill Compensation Basis: (a),Ile owner of a business conducted on the property taken, or on the remainder if such property is part of a larger parcel, shall be compensated for the loss of goodwill if the owner proves all of the following: (1) The loss is caused by the taking of the property or the injury to the remainder, (2) The loss cannot reasonably be prevented by relocation of the business or by taking steps and adopting procedures that a reasonably prudent person would take and adopt in preserving the goodwill, (3) Compensation for the loss will not be included in payments under Section 7262 of the Government Code. 75R-31 (4) Compensation for the loss will not to duplicated in the compensation otherwise awarded to the owner. (b) Within the meaning of this article, "goodwill" consists of the benefits that accrue to a business as aresult ofits location, reputation for depeudability, skill or quality, and any other circumstances resulting in probable retention of old or acquisition of new patronage IAM A WTERAN, ]ROW ABOUT MY GI LOAN? After your GI home mortgage loan has been repaid, you will be permitted to obtain another GI loan to purchase another property. Check on such arrangements with your nearest VA office. MY PROPERTY IS WORTH MORE NOW THAN WHEN I BOUGHT IT. MUST I PAR'' CAPITAL GAINS TAX ON THE INCREASE? In most cases when the City acquires real property by condemnation or the threat of condemnation, the property owner may defer the payment of Federal capital gains taxes on profit from the sale under certain circumstances. Internal Revenue Service (1125) Publication 544, "Sales and Other Dispositions of Assets" is available from the IRS. It explains how the Federal income tax would apply to a gain or loss resulting from the condemnation of real property or its sale under the threat of condemnation for public purposes. To fully understand the income tax consequeuces relating to the condemnation of your property, you should consult with your personal tax advisor, 75R-32 ATTACHMENT 6 STATEMENT OF OWNERSHIP PERSONAL PROPERTY, TENANT IMPROVEMENTS, FIXTURES AND EQUIPMENT PARCEL NO.: PROJECT: CCU: TENANT'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Date: Tenant PROPERTY OWNER'S NAME: ADDRESS: CITY/STATE/ZIP CODE: The undersigned tenant agrees that the items listed on the attached inventory are owned by him or her. Property Owner Date: Please have each signature on this document notarized. 75R-33 ATTACHMENT 7 CITY OF SANTA ANA OCC FUNDING 2223 S. BRISTOL CIO SOURI AMIRANI FAIR MARKET VALUE IN-PLACE CIVIL SOURCE ENGINEERING DATE OF VALUE: OCTOBER 7,201r) L 01 C Q I T DESCRIPTION: O U 7! FMV IN N Y IMPROVEME-NTS PERTAINING TO THE REALTY N A 0 PLACE E D L (NVPRK 5) -Not Uatued, Pari of Real Estate 1 1 LOT 010 INTERIOR CONSTRUCTION -BATHROOM G G 2424 (117VPRRJ 2 (52)SF TILE FLOORING, NATURAL STONE 3 (5)LF GRANITE COUNTER 2,426 4 (5)LF CABINET, SOLID WOOD, NATURAL FINISH, CERAMIC/IRON FLUSH MOUNTED SINK, UPGRADED BRONZE FINISH SINGLE NECK FAUCET 5 6 1 LOT CIO INTERIOR CONSTRUCTION THROUGHOUT A A 2428 (NVPRE) 7 (67)SF INTERIOR WALL, WOOD FRAMING, DBL DRYWALL COVER, TEXTURED, PAINTED, (464)SF OF INTERIOR WALL, OFFICES, WOOD FRAME, 2439 DBL DRYWALL CONSTRUCTION 8 (2) WINDOW, SLIDE, DBL PANE, 24"X36", 9 (1) FRENCH DOOR, WOOD, 31"X7B"H 10 (1) WINDOW, SLIDE, DBL PANE, 24"X36-, 11 (10) LF CABINET AND SHELVING, WOOD, PAINTED F A 2430 12 (3) WINDOW, INTERIOR, 24"X36", DBL PANE, SLIDER 13 (120) SF TILE, CERAMIC, 12" A A 2431 1 LOT CIO WINDOW COVER 690 14 (2) WINDOW SHUTTER, 43"X43", WOOD G G 2492 15 (2) WINDOW SHUTTER, 50"X50", WOOD G G 16 17 1 LOT C/O INTERIOR UPORADGS-OWNER OFFICE G G 2442 2,785 18 (1) BUILT-IN, ENTERTAINMENT CENTER 8, WALL CABINETRY, 60"X83", WOOD, PAINTED, 3 GLASS DOORS, 19 (33)LFX3.6'H, WAINSCOTING, WOOD, PAINTED (AfVPR,) 20 (49)LF0" CROWN MOLDING, WOOD, PAINTED ()MPRE) 21 22 1 WINDOW COVER (80)SF, VERTICAL BLINDS, PLASTIC, 3" A A 575 PANELS 23 24 1 FLOORING, (451)SF WOOD LAMINATE (NVPRk) C G 2434 25 25 1 ALARM SYSTEM, (1) MOTION SENSOR 665 BXTBRIOR 27 28 1 LOT CIO IMPROVEMENTS (NVPRS) A A 2460 29 (79.5)SF OF BRICK ENTRY WAY WIBULLNOSE 13RICK TRIM Hj(3IM5tirom Associates Paye Al 75R-34 CITY OF SANTA ANA CIO SOURI AMIRANI CIVIL SOURCE ENGINEERING OCC FUNDING 2223 S, BRISTOL FAIR MARKET VALUE IN-PLACE DATE OF VALUE: OCTOBER 7, 2015 L D C q I T DESCRIPTION: o U .2 FMV IN N Y IMPROVEMENTS PERTAINING TO THE REALTY N A PLACE E D L (NVPRE) - Not Valued, Part of Real Estate 1 'I LOT C/O INTERIOR CONSTRUCTION -BATHROOM G G 2.424 (NVPRE) 2 (52)SF TILE FLOORING, NATURAL STONE 3 (5)LF GRANITE COUNTER 2426 4 (5)LF CABINET, SOLID WOOD, NATURAL FINISH, CERAMICIIRON FLUSH MOUNTED SINK, UPGRADED BRONZE FINISH SINGLE NECK FAUCET 5 6 1 LOT CIO INTERIOR CONSTRUCTION THROUGHOUT A A 2428 (NVPRE) 7 (67)SF INTERIOR. WALL, WOOD FRAMING, DBL DRYWALL COVER, TEXTURED, PAINTED, (464)SF OF INTERIOR WALL, OFFICES, WOOD FRAME, 2439 DBL DRYWALL CONSTRUCTION 8 (2) WINDOW, SLIDE, DBL PANE, 24"X36", 9 (1) FRENCH DOOR, WOOD, 31"X78"H 10 (1) WINDOW, SLIDE, DBL PANE, 24"X36", 11 (10) LF CABINET AND SHELVING, WOOD, PAINTED F A 2430 12 (3) WINDOW, INTERIOR, 24"X36", DBL PANE, SLIDER 13 (120) SF TILE, CERAMIC, 12" A A 2431 1 LOT C/O WINDOW COVER 690 14 (2) WINDOW SHUTTER, 43"X43", WOOD G G 2432 15 (2) WINDOW SHUTTER, 50"X50", WOOD G G 16 17 1 LOT C/O INTERIOR UPGRADES -OWNER OFFICE G G 2442 2,785 16 (1) BUILT-IN, ENTERTAINMENT CENTER & WALL CABINETRY; 60"X83", WOOD, PAINTED, 3 GLASS DOORS, 19 (33)LF X3.5'H, WAINSCOTING, WOOD, PAINTED (NVPRE) 20 (49)LF 6" CROWN MOLDING, WOOD, PAINTED (NVPRE) 21 22 1 WINDOW COVER (80)SF, VERTICAL BLINDS, PLASTIC, 3" A A 575 PANELS 23 24 1 FLOORING, (451)SF WOOD LAMINATE (NVPRE) G G 2434 25 26 1 ALARM SYSTEM, (1) MOTION SENSOR 665 EXTERIOR 27 28 1 LOT C/O IMPROVEMENTS (NVPRE) A A 2460 29 (79.5)SF OF BRICK ENTRY WAY W/BULLNOSE BRICK TRIM Njolmstrom Associates Page Al 75R-35 CITY OF SANTA ANA C/O SOUR[ AMIRANI CIVIL SOURCE ENGINEERING OCG FUNDING 2223 S. BRISTOL FAIR MARKET VALUE IN-PLACE DATE OF VALUE: OCTOBER 7, 2015 L Q C Q 1 T DESCRIPTION; o u° FMV IN N Y IMPROVEMENTS PERTAINING TO THE REALTY N A PLACE E D L 30 (2) COLUMNS, 2'X2%4'1-1, BLOCK W/BRICK EXTERIOR AND BULLNOSE CAP 31 (90,5'X10.5') ENTRYWAY CANOPY, WOOD CONSTRUCTION, CHIPBORD ROOFING, COMPOSITE COVER, PAINTED 32 33 1 EXTERIOR WALL ACCENT, FLAGSTONE VENEER, (95)LF G G 2457 (NVPRE) 34 35 3 MATURE TREES, 9 -QUEEN 2-FICUS (NVPRE) A A 2460 36 37 1 SIGNAGE, 4'X5', ILLUM, MTL CABINET, DBL SIDED, A A 2454 3,790 PLASTIC SURFACE 38 39 1 PLANTER PARTITION-(NVPRE) 2454 40 41 1 EXTERIOR LIGHTING C/O A A 505 42 (1) DBL BULB, SPOT, MOTION SENSOR 43 (1) SECURITY LIGHT FIXTURE, ROOF MOUNTED LIGHT, HI -PRESS SODIUM BULB 44 45 9 CARPORT, 98'X37', 4"X6", 4"X4", 2"X6" WOOD FRAME_ F L 2459 CONSTRUCTION, CORROGATED GALV STL COVER (NVPRE) 46 47 1 CONCRETE, DRIVE AND PARKING, (3030)SF, 6" REINFORCED (ALL CONCRETE POURED AT SAME TIME. 9260 APPEARS OLDER DUE TO WEATHER AT TIME OF POUR, FEE OWNER SHOWED PICTURES OF POUR WHICH VERIFIES) (NVPRE') 4B 49 TOTAL IMPROVEMENTS PERTAINING TO THE REALTY 50 59 HjeCmstrom Associates 75R-36 G A 2456 $ 9,0.10 Page A2 Epic Land Solutions, Inc. 2601 Airport Drive, Suite 130 Torrance, CA 90505 Phone: (310) 986-2960 Fax: (310) 891-3348 CITY OF SANTA ANA TITLE VI INFORMATION PACKAGE All YAC171tl EMT U The project proposed by the agency listed above will be receiving federal financial assistance. Pursuant to Title VI of the Civil Rights Act of 1964, no person in the United States shall, on the grounds of race, color, or national origin., be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. Other statutes provide protection against discrimination on the basis of sex, age or disability. The enclosed Title VI Package is being provided for your information to further explain your rights. The Package includes the following documents: • Title VlBooklet • Title VI of the 1964 Civil Rights Act and Related Statutes ■ Right of Way Title VI Survey Form with Self -Addressed Stamped Envelope ■ Right of Way Title VI Discrimination Complaint Form ■ The U.S. Department of Commerce Census Bureau, Language Identification Flashcard It is requested the Right of Way Title V1 Survey form be completed and returned in the self- addressed stamped envelope. If you read or speak a language different than English, please write your name and address on the top of the page and check the appropriate box on the Language Identification Flashcard; or, if you believe you have been subjected to discrimination, please fill out the Right of Way Title VI Discrimination Complaint form and return to the following: Jason Gabriel Principle Civil Engineer City of Santa Ana 20 Civic Center Plaza M-36 Santa Ana, CA 92702 CREATING LAND SOLUTIONS FOR THE PUBLIC GOOD www.EpicLand.com 75R-37 77 w � N ° u oo M > a+ U bq ~ LL Mra � ' ` " o IA 0i" CLm N 00 N o ry L 0 `^ N v1 i�caOCN dl `� mN Q P d p ry N Uy N'd Q� "�{ ¢ m U O U U N� � w U_ agq U U O' ap U �O viQm Oo Oh vlOn.� w0�'o qof G nnu o OW NOo�C p & _cm ® M N �. V ✓bi .�.. W vii .�... "BW Q m � N a N u u`e�0u. Ln y1R U aOG�� v O w r U O y, tl b0 ryN LL U G nl LL X V' % M O L7i h, O C N w 04 w> O 75R-38 77 P k IL iR .� E G o N N rrrtltltl N O a v Y� c > o Y o E o G d °Y°UO b c.° •U b F u C L a ry 7 a v o G i V u C a• L O OU O O 1.. E N b ,O >' T o uu a:`+cp�aa1'. E a N d �, G ul u y � .G .� �•� Ode L a .G a i `i y.• C -.W arr l v � a 0 U •I�v " ml.��l � op ''F G �I � G �� IPd W a N r L oIvo�� > -S 1-,,0 i3 b 3 ?ow it- . aC G .M s E •c N G E d 3 S b a c my '� v E•� ��.0 Y E N a o = b b m Ea E c a O 43 F uo Y 0 �i S4 Zo Q g N o fl v a W w b o> d s t av� b N N U w y N C a c C O T M— ° a w O a u b -13„ 4- m a 'o YNG WCf b U a ° R 5a, IL-a�''3wuN N O G E a o N o U' N L N bG0 y E O'IN-1 L5 8 Ev ` yCS 0. � •SY'. � p O N 75R-39 43 0 �i S4 Zo Q g N w o s t o ° -13„ 4- a a WCf Ci Cf obi R 5a, 75R-39 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTE Paget oft • Title VI of the 1964 Civil Rights Act, 42 U.S.C. 2000, provides in Section 601 that: "No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistauce." (PROHIBITS DISCRIMINATION IN IMPACTS, SERVICES, AND BENEFITS OF, ACCESS TO, PARTICIPATION IN, AND TREATMENT UNDER A FEDERAL -AID RECIPIENT'S PROGRAMS OR ACTIVITIES) • The Age Discrimination Act of 1975, as amended 42 U.S.C. 6101, provides: "No person in the United States shall, on the basis of age, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (PROHIBITS DISCRIMINATION BASED ON AGE) • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S,C. 4501, provides: "For the fair and eqnitable treatment of persons displaced as direct result of programs or projects undertaken by a Federal agency or with Federal financial assistance." (PROVIDES FOR FAIR TREATMENT OF PERSONS DISPLACED BY FEDERAL AND FEDERAL -AID PROGRAMS AND PROJECTS) • The Federal -aid Highway Act, 49 U.S.C. 306 Outlines the responsibilities of the U.S. Department of Transportation and, at (c) outlines the Secretary's authority to decide whether a recipient has not compiled with applicable Civil Rights statutes or regulations, requires the Secretary to provide notice of the violation, and requires necessary action to ensure compliance. • The 1973 Federal -aid Highway Act, 23 U.S.C. 324, provides: "No person shall on the ground of sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance under this Title or carded on under this title." (PROHIBITS DISCRIMINATION ON THE BASIS OF SEX) • The Civil Rights Restoration Act of 1987, P.L. 100-209, provides: Clarification of the original intent of Congress in Title VI of the 1964 Civil Rights Act, Title IX of the Education Amendments of 1972, the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973. (RESTORES TBE BROAD, INSTITUTION -WIDE SCOPE AND COVERAGE OF THE NON-DISCRTh1INATION STATUTES TO INCLUDE .ALL PROGRANLS AND ACTIVITIES OF FEDERAL -AID RECIPIENTS, SUB -RECIPIENTS AND CONTRACTORS, WHETHER SUCE PROGRAMS AND ACTIVITIES ARE FEDERALLY ASSISTED OR NOT) • The Uniform Relocation Act Amendments of 1987, F.L. 101.246, provides: "For fait, uniform, and equitable treatment of all affected persons; ,,.(and) minirmaing the adverse impact of displacement ... (to maintain)—the economic and social well-being of communities; and ... to establish a lead agency and allow for State certification and implementation." (UPDATED TI3E 1970 ACT AND CLARIFIED THE INTENT OF CONGRESS IN PROGRAMS AND PROJECTS WHICH CAUSE DISPLACEMENT) 75R-40 TITLE VI OF THE 1964 CIVIL RIGHTS ACT AND RELATED STATUTES Paget of2 o The Americans with Disabilities Act, P.L. 101-336, provides: "No qualified individmil with a disability shall, by reason ofsuch disability, be excluded from the participation in, be denied benefits of, or be subjected to discrimination by a department, agency, special purpose district, or other instrumentality of a State or a local government." (PROVIDED ENFORCEABLE STANDARDS TO ADDRESS DISCRWNA ION AGAINST PEOPLE WITH DISABILITIES) " The Civil Rights Act of 1991, in part, amended Section 1981 of 42 U.S.C. by adding two new sections that provided: "(b) Fox the purposes of this section, the teem 'make and enforce contracts' includes the making, performance, modification, and termination of contracts and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship. (c) The rights protected by this section areprotected against impairment by non-governmental discrimination and impairment under color of State law." e Title VIII of the 1968 Civil Rights Act, 42 U.S.C. 3601, provides that: "(1) It shall be unlawfnl... to refuse to sell or rent after the making of a bona :tide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny a dwelling to any person because of race, color, religion or national origin." (PROI-EBTTS DISCREVIEVATION IN THE SALE OR RENTAL OF HOUSING— HUD is the primary interest agency, but FPIWA and States under Title VI are responsible for preventing discrimination in the function of Right -of -Way) W The National Environmental Policy Act of 1969,42 U.S.C. 4321 Requires the consideration of altematives, including the "no -build" altemadve, consideration of social, environmental and economic impacts, public involvement, and use of asystematic interdisciplinary approach at each decision making stage of Federal -aid project development. o Title IX of the Education Amendments of 1972 Makes financial assistance available to institutions of higher education to: (1) strengthen, improve and, where necessary, expand the quality of graduate andprofessional programs leading to an advanced degree; (2) establish, strengthen, and improve programs designed to prepare graduate and professional students for public service; and (3) assist in strengthening undergraduate programs of instruction in certain. instances. Y Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 790, provides that: "(leo qualified handicapped person shall, solely byreason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity that receives or benefits from Federal financial assistance." (PRORWITS DISCRIMINATION BASED ON PHYSICAL OR MENTAL HANDICAP) Source: U.S. Deparhneut of Transportation Federal Highway Administration Title VI Handbook Title VI Nondiscrimination in the Federal -Aid Highway Program FHWA Publication No. FHWA-HCR 06-006 75R-41 TITLE VI SURVEY PERSONAL INFORMATION NOTICE Pursuant to the FedoKal Privacy Act (P.L. 93-579) and the Information Practices Act of 1977 (Civil Code Sections 1798, ct seq.), notice is hereby given for the request of personal information by this form. The requested personal information is voluutary. The principal purpose of the voluntary information is to facilitate the processing of this form, The failure to provide all or any part of the requested information may delay processing of this form. No disclosure of personal information will be made unless permissible under Article 6, Section 1798.24 of the IPA of 1977. Each individual has the right upon request and proper identification, to inspect all personal information in any record maintained on the individual by an identifying particular. Direct any inquiries on information maintenance to your IPA Office. Expenditure Authorization (EA) NON-DISCRIMINATION All persons affected by State transportation projects are requested to provide information with regard to race, color, national origin, sex, disability, age or income status. Please check the items below which best describe you and return this form in the enclosed envelope. The furnishing of this information is voluntary. Head of household: Male Female Age: „Under 4Q _ 41-65 _Over 65 Race/Ermicity: —White American Tribe Black Pacific Islander _,Hispanic __ Other Asian Language spoken, if other than English: Specify: Are you or any member of yowhousuhold suffering any physical disability ormedioal condition? —Yes _No Axe you a low-income family? Enclosure _Yes _No 75R-42 TITLE VI DISCRIMINATION COMPLAINT Natne ))!at Co Rte Post BASIS OFDISCRBYIINATION RACE ❑ COLOR ❑ NATIONAL ORIGIN [I SEX ❑ Diability ❑ Low-income ❑ Non-English SPeakex Provide dates) andplace of alleged discriminntton Describe the nature of the action, decision, or conditions of the alleged discriminnhon (Mach Extra Page. If Necessary) Name ofindividuals (if Known) respens�ble fortho flctian, decision or condition of alleged discrimination Pxovide aupporfing information known to complainant in support of his/her allegation Tdend£ypossiblewimessrs wUomthe compleinontbeEeves car. provide factual infeanowtion about this allegation State the action requested by complainant 75R-43 LANGUAGE IDENTIRGATION FLASHCARD nn•3303 v. vrrr.nimcn� v. �.,rv,�ntinu� 7 5 R-44 Economia n dU.S. CENSUS BUREAU UCWWI. J.W.. BUREAU 1. Arabic 2. Armenian 3, Bengali DRUM "I, . 5. Chamorro 6, Simplified Chinese 7.Traditional Chinese 8.Croatian 9. Czech 10„ Dutch 11, English 12, Farsi �,M,f y9 S ldl � yJl 13A �j! X Y. Ek--)d Itw`n...ttL-,�, w�u ,Pwnwftn�uniJ' ),13� tunun�J' LtwJ' Itwl,rl.n�J' �,� /y'wJ�(:�b. � 1 61Ut3iST'u11Rgv��ifS3[iiSa 6tSF�fiaI1S U8tTS1tt7�i1G�S1 i�i 9 ❑ Motka i kabhon ya yangin untflugnu' manaitai pat tintungnu' kumentos Chamorro. FOzna&ta vadratid ako citate ili govorite hrvatski jezik. 2a&rtnete tuto kolonku, pokud ctete a hovoMe cesky. F17.s dit vakje aan als a Nederlands kunt lezen of spreken. E F] :Mark this box if you read or speak English. nn•3303 v. vrrr.nimcn� v. �.,rv,�ntinu� 7 5 R-44 Economia n dU.S. CENSUS BUREAU UCWWI. J.W.. BUREAU 1. Arabic 2. Armenian 3, Bengali DRUM "I, . 5. Chamorro 6, Simplified Chinese 7.Traditional Chinese 8.Croatian 9. Czech 10„ Dutch 11, English 12, Farsi ncocIci si vous lisez on parlez. le fiangais. Kxcnzen Sie dieses K° al;cheu an, wenn Sie Deutsch lesen oder spsechen. Erlµet6acs auro to -naa[ato av SLOVO(Ece rl p ata EXAt)vuca. Make kazye sa a si on li oswa on pale kreyol ayisyen. 3TTL 3TIq 'r ee arCSTT qq uc & zft w 4EFkT rR f4' city T 1 Kos lub voj no yog koj paub twm thiab hais Ins Hmoob, E7elolje meg ezt a kock6t, ha meg6rti vagy besz6li a magyar nyalvet. u Ma kaam daytoy nga kation no makabasa wenno makasmka it! Ilocano. r7M:@xchi:qucst:acaso]Ja se Legge o parla italiano. Zmuu�ula2e�u i)�ui�Ue7u�nd�nw�s�a�u. Prosimy o zaznaczenie tego kwadratu, jeieli postuguje sl@ Pan/Pani jgzykiempolskim. U.S. DEPARTMENT OF COMMERCE -- ---- Eoonejnlw and Ste tietwu Atlminie,mllun 75R-45 0.a UN9a9 BUREAU 13. French 14. German 15. Greek 16. Haitian Creole 17. Hindi 18, Hmong 19, Hungarian 20. Ilocano 21. Italian Z2. Japanese a Korean A, Laotian 5. Polish ❑ Assinale este quadrado se voe@ 16 ou fala portugu€s. ❑ Insemnali aceasta casula daca cidti sau vorbili rombe§te. HOM=fffe 3TOT imappaTmc, ec.Mr Bai nuaeze MM ronopxTe rto-pycciar. ❑ 06enexcrtTe osaj xuagpamayxonxxo exTaTC xnx ronopxxe cpncxx jesxx. POzua6te tento stvorcek, ak viete cftaf alebc hovorif po slovensky. ❑ Marque esta casilla si lee a habla espanol. ❑ Markahan itong kuwadrado kang kayo ay marmong magbasa o magsalita ng Tagalog. ❑ Rvirnittsnaust�Eta�`ludoati�vi�uo�uusoylnnTtr�%wn. ❑ Maaka 'i he puha ni kapau 'oku ke. lau pe lea fakatonga. ❑ BiAmiTwo rho zcuiTzBxy, mcgo ux-tTaeme a6o roaopxTe yxpahter xoro Moeoro. L Yut ❑ Xin d6nh dau vao o nay nen quy vi bid doc va n6i dtigc Viet No. ❑ . 71 )} lN�N i�7w �» YN]Y))I)N U'U'1'Y aB-33a9 U.S. DEPARTMENT OF COMMERCE 75R-46 U.S. U.S. CENSUS aUf[FJ1U 26. Portuguese 27. Romanian 28. Russian 29. Serbian 30. Slovak 31, Spanish 32.Tagalog 33, Thai 34.Tongan 35. Ukranian 36. Urdu 37. Vietnamese 38.Yiddish Form ®Give Request for Taxpayer FM u m _ Form to the (Rev. December 2014) Identification Number and Certification entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a requester. Do hot epartmentoltu?asury send to the IRS. ntemal Revenue 5ewlca 1 Name (as shown on your income tax return). Name is required on this line; do net leave this line blank. 2 Business name/disregarded entity name, It different from above N m m a 3 Chock appropriate box for federal lax classification; check only one of the following seven boxes) 4 Exemptions (codes apply ants to certain entities, not Individuals; see o ❑ hidlvlduoVsole proprietor or ❑ G Corporation ❑ 5 Gorporatim ❑ Partnership ❑ Trust/estate Instructions an page 31: m a esingle-member LLC Exempt payee code (if any) 0 © Limited liability company. Enter tho lax classification (C=C corporation, S=S corporation, P=partnership) o Note. Pura single -member LLC that Is disregarded, do not check LLC; check the appropriate box in the line above for Exemption from FATCA reporting the tax classification of the single -member owner. code Of any) G(ApplMs R El Other (see instructions) to acmunlc mainhlnedouLlda lNa call a iE s Address (number, street, and apt. or suite no.) Requester's name and address (optional) u a a m6 _ City, stato, and ZIP code a m 7 List account numbers) here (optional) W�M Taxpayer Identification Number (PIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid ( 5001al security number backup withholding. For Individuals, this Is generally your social security number ( However, fora resident alien, sale propr, page ietor, or disregarded entity, see the part I Instructions on page 3, For other FM u m _ entitles, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account Is In more than one name, see the Instructions for line 1 and the chart on page 4 for I Employer identification number � guidelines on whose number to anter. �1 �IF Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer idelitifloation number (or I am waiting for a number to be Issued to me); and 2. lam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service QRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) indicating that I am exempt from FATCA reporting Is correct. Certification Instructions. You must areas out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividends on your tax return. For real estate transactions, Item 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the certification, but you most provide your correct TIN. See the instructions on page 3. sign Signature of Here I U.S. person t Date General Instructions Section references are to the internal Revenue Code unless otherwise noted, Future developments. Information about developments affecting Form W-9 (such as legislation enacted after we release it) Is at www.lrs,gcv/flag. Purpose of Form An Individual or entity (Farm W-9 requestsr) who Is required to file an information return with the IRS must obtain your correct taxpayer Identification number (11 N) which may be your social security number (SSN), individual taxpayer Identllloatton number QTIN), adoption taxpayer Identification number(ATIN), or employer Identification number (EI N), to report on an information return the amount paid to you, or other amount reportable on an Information return. Examples of Information returns include, but are not limited to, the following: • Form 1099 -INT (Intereat earned or paid) • Form 1099 -DIV (dividends, Including those from stocks or mutual funds) • Form 10i19-M[SG (various types of Income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by hookers) • Form 1099-S (proceeds (ram real estate transactions) • Form 1 uSM<(merchant card and third party network transactions) • Form 1098 (home mortgage Interest), 1098-E (student loan interest), 1098-T tuition) • Form 1099-0 (canceled daht) • Form 'I099 -A (acquisition or abandonment of secured property) Use Form W-9 only If you are a U.S, person (Including a resident ellen), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What Is backup withhoking? on page 2. By oldning the filled -out form, you: 1. Certify that the TIN you are giving Is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3, Claim exemption from backup withholding if you are a U.S. exempt payee, if applicable, you are also certifying that as a U.S. person, your allocable share of any partnership Income from a U.S. trade or business is not subject to the withholding tax an foreign partn rm'share of effectively connected Income, and 4. Certify that FATCA code(d) entered on this form (it any) Indicating that you are exempt from the FATCA reporting, Is correct. Sea What la FATCA reporting? on page 2 for further Information. Cat, No, 102M 75R-47 Form W-9 (Rev. 12-201 g Form W-9 (Rev. 12-201 Note. If you are a U.S, person and a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form If It Is referentially similar to this Form W-9. 0straiten of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are: • An Indlvldual Who Is a U.S,.Mizen or U.S. resident alien; • A partnership, enmomflon, company, or association created or organized In the United States or under the laws of the United States; • An estate (otherthan a foreign estate); or • A domestic trust (as defined in Regulations auction 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business In the United States are generally required to pay a withholding tax under section 1446 on any foreign pertnem'share of effectively connected taxable income from such business. Further, In certain chosen where a Form W-9 has not been received, the rules under section 1446 require a parinersnip to presume that a partner Is a foreign person, and pay the sectlon 1446 withholding tax. Therefore, Ifyou are a U.S. person that la a partner In a partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid sectlon 1446 withholding on your share of partnership Income. In the cases below, the following person must give Form W-9 to the partnership for purposes of establishing Its U.S. status and avoiding withholding on Its allocable share of net Income from the partnership conducting a trade or business In the United States; • In the case of a disregarded entity with a US, owner, the U.S, owner of the disregarded entity and not the entity; • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust; and • In the case of a U.S, trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a fomlgn person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W-9. Instead, use the appropHate Fonn W-8 or Form 8233 (see Publication 615, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident often. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S, tax on cedain types of Income, However, most tax ireages contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of Income even offer the payee has reharwlse become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who Is relying on an exception contained In the saving clause of a tax treaty to claim an exemption from U.S, tax on certain types of Income, you must attach a statement to Form W-0 that apportion the following five items: 1, The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the Income. 3. The article number (or location) In the tax treaty that contains the saving clause and Ito exceptions. A. The typo and amount of Income that 0wallfles for lien exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S.-China income tax treaty allows an exemption from tax far scholarship Income received by a Chinese student temporarily present In the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay In the United States exceeds 6 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Angola 20 to continue to apply even after the Chinese student becomes a resident alien of the Unfled States, A Chinese student who qualities for this exception (under paragraph 2 of the first protocol) and Is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship Income would attach to Form W -o a statement that Includes the Information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W-8 or Form 8233. Backup Withholding What is backup withholding? Persons making certain payments to you must under certaln conditions withhold and pay to the IRS 28% of such payments. This Is called "backup withholding." Payments that may be subject to backup withholding Include Interest, tax-exempt Intm'eat, dividends, broke)and barter exchange transactions, rents, royalties, nonemployee pay, payments made In settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subjectto backup withholding on payments you receive If you give the requesteryeur correct TIN, make the proper cer ificatlons, and report all youriee ble Internet and dividends on you tax return. Payments you resolve will be subject to backup withholding If: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II Instructions on page 3 for details), Page 2 3. The IRS tells the requester that you furnished an Incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your Interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not cad Ify to the requester that you are not subject to backup withholding under above (for reportable Interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. Sea Exempt payee code on page 3 and the separate Instructions for the Requester of Form W-9 for more information. Also see Special rules for partnerships above. What is FATCA repotting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial Institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form 10.9 for more Information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee If you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or If you no longer are tax exempt. In addition, you must furnish a new Form W-9 if the name or TIN changes for the account; for example, if the grantor of a grantor treat dies. Penalties Failure to furnish TIN. If you fail to fumish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure Is due to reasonable cause and not to willful neglect. CMI penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results In no backup withholding, you are subject to a $500 penalty. Grim trial penalty for falsifying Informatlon. Willfully falsifying certifications or affirmations may subject you to criminal penalties Including fines and/or Imprisonment. Misuse of TI No. If the requester discloses or uses TINS in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Line 1 You must enter one of the following on this line; do not leave this line blank. The name should match the name on your tax return. If this Form W-9 Is for ajolnt account, list first, and then circle, the name of the person or entity whose number you entered In Part I of Farm W-9, a. Individual. Generally, enter the name shown on your tax return. If you have changed your fast name without Informing the Social Security Administration (SSA) of tha name change, enter your first name, the last name as shown on your social security card, and your new last name. Note. ]TIN applicant: Enter your individual name as it was entered on your Form W-7 appllcatlon, line 1a. This should also be the same as the name you entered on the Form 1040/104OA/I 040EZ you find with your application. h. Sole proprietor or single -member I.I.C. Enter your individual name as shown on your 1040/1040AII040EZ online 1. You may enter your business, trade, or "doing business as" (DBA) name on line 2. c. Partnership, LLC that Is not a single -member LLC, C Corporation, or S Corporation. Entarthe mlify's name as shown on the entity's tax return on line 1 and any business, trade, or DBA name on Ilne 2. d. Other entities. Enter your name as shown on requlred U.S. federal tax documents on line 1. This name should match the name shown on the charter or other legal document creating the entity. You may enter any, business, trade, or DBA name on line 2. e. Disregarded entity. For U.S. federal fax purposes, an entity that is disregarded as an entity separate from Its owner Is treated as a "disregarded entity." See Rogulatlons section 301.7701-2(c)(2)(Iiq. Enter the owner's name on line 1. The name of the entity entered an line 1 should never be a disregarded entity. The name on line 1 should be the name shown on the Income tax return on which the Income should be reported. For exmipia, If a foreign Ithat Is treated as a dleregarded entity for U.S. federal tax purposes has asingle owner that Is a U.S. person, the U.S. owner's name is required to be provided on line 1. If the direct owner of the entity Is also a stronger Had entity, enter the first owner that N not disregarded for federal tax purpooec. Enter the disregarded antity's name on line 2, "Business nameldisregarded entity name." if the owner of the disregarded endty is a foreign person, the owner must complete an appropriate Form W-8 instead of a Farm W-9, This Is the case even If the foreign person has a U.S, TIN. 75R-48 Form W-9 (Rev. 18-2014) Line 2 If you have a business name, trade name, DHA name, ordisragarded entity name, you may enter It on line 2. Line 3 Chock the appropriate box Ih Ilne 3 forthe U.S. federal tax ciasalflcation of the person whose name is entered on line 1. Check only one box in Ilse 3. Limited Liability Company (LLC). If the name on line t is an LLC treated as a partnership for U.S, federaltax purposes, check the "Limited Liability Company" box and enter "P" In the space provided. If the LLC has filed Form 8632 or 2653 to be toxod as a corporation, check the "Limited Liability Company" box and In the space provided enter "C" for C corporation or "S" for S corporation. If It is a single -member LLC that is a disregarded entity, do not check the "Limited Liability Company" box; Instead Short<the first box in line 3 "Indivlduallsole proprietor or single -member LLC." Lina 4, Exemptions If you are exempt from backup withholding end/or FATCA reporting, enter in the appropriate space in line 4 any coders) that may apply to you. Exempt payee code. - Generally, Individuals (including sole proprietors) are not exempt from backup withholding. , Except as provided below, corporations are exempt from backup withholding for certain payments, Including Interest and dividends. Corporations are not exempt from backup withholding tot payments made In settlement of payment card or third party network transactions. a Corporations are not exempt from backup withholding ivlth respect to attorneys' fees or gross proceeds paid to attorneys, and corporations that provide medical or health care services aro net exempt with respect to payments reportable on Form 1099-M15C. The following cedes identify payees that are exempt from backup withholding. Enter ho appropriate code In the space In line 4. 1—An organization exempt from tax under section 80'1(a), any IIIA, or a custodial account under section 403(6)(7) If the account satlefles the requirements of section 461(q(2) 2—The United States or any of Its agencies or hatrumentalltloa 3—A state, the District of Columbia, a U.S. commonwealth or possessioh, at any of their political subdivisions or Instrumentalities 4—A foreign government m any of Its political subdivisions, agencies, or Instmmentallties S --A corporation 6—A dealer in securities or commodities required to register In the United States, the District of Columbia, or a U.S. commonwealth or possession 7—A futures commission merchant registered with the Commodity Futures Trading Commission 8—A real estate Investment trust e—An entity registered atoll times during the tax year under the Investment Company Act of 1940 10—A common trust fund operated by a bank under section 584(a) I I—A Iinanclal Institution 12—A middleman known In the Investment community as a nominee or custodian 13—A trust exempt from lex under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees Its ad above, 1 through 13. IF the payment is for... THEN the payment is exempt far... Interest and dividend payments All exempt payees except for Braker transactions Exempt payees 1 through 4 and 6 through ii and all C corporations. S corporations must not enter an exempt payee cede because they are exempt only for sales of noncovered securities acquired prior to 2012. Better exchange transactions and Exempt payees 1 through 4 patronage dividends Payments over $600 required to be Generally, exempt payees reported and direct sales over $5,000 1 through 5' Payments made In settlement of Exempt payees 1 through 4 payment card or third party network transactions I See Form 1099-MISC, Mleardlaneous Income, and Its instructions, Page 3 'However, the tollowmil payments made to a corporation and reportable an Form 1099-MISO ere not exempt from backup withholding: medical and health one payments, adomays' fees, gross proceeds paid to an attorney reportable under section 0045(Q, and payments for services paid by a federal executive agency. Exemption from FATOA reporting code. The following codes Identity payees that are exempt from reporting under FATCA. These codes apply to persons Submitting this form for accounts maintained oufaldo of the United States by certain foralgn financial Institutions. Therefore, If you are only submitting this form for an account you held In the Noted States, you may leave this field blank. Consult with the person requesting this form If you of mountain If the financial Institution Is subject to these Ioqulrements. A requester may Indicate that a code Is net required by providing you with a Form W-9 with "Not Applicable" (or any similar Indian Ilan) wrihen or printed on the line far a FATCA exemption code. A—An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) 8—The United States or any of Its allenriss or inabumentalliles C—A state, the District of Columbia, a U.S. commonwealth or possession, or any of their political subdivisions or Instrumentalities D --A corporation the stock of which is regularly traded on one or more established securities markets, as described in Regulations section 1.1472-1(c)(1)(i) E—A corporation that Is a mem her of the same expanded affiliated group as a corporation described in Regulations section 1.1472.1(e)(f)(i) F -A dealer in securities, commodities, or met vailve financial Instruments (Including notional principal contracts, futures, forwards, and options) that Is registered as such under the laws of the United States or any state G—A real estate investment trust H—A regulated investment company as defined In amAlon 051 or an entity registered at all times during the tax year under the Investment Company Act of 1940 1—A common tract fund as defined in section 504(a) J—A bank as defined In confirm 5B1 K—A broker L—A trust exempt from tax under section 664 or described In section 4947(a)(1) M—A tax exempt trust under a section 403(6) plan or section 457(g) plan Note. You may wish to consult with the financial Institution requesting this form to determine whether the FATCA code and/or exempt payee code should be completed. Lines Enter your address (number, street, and apartment or suite re amner). This la where the requester of this Form W-9 will mall your Information returns. Line 6 Enter your city, state, and ZIP code. Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box, if you are a resident alien and you do not have and are net eIlgIb[a to get an SS N, your TIN Is your IRS Individual taxpayer identlffcation number (]TIN). Enter It In the social security number box. If you do not have an ITIN, see How to get a TIN below, If yam are a sole proprietor and you have an EIN, you may enter either your SIGN or EIN. However, the IRS prefers that you use your SSN. If you are a single -member LLC that is disregarded as an entity separate from Its owner (see Untried Llablflfy, Company (LLC) on this page), enter the owner's SSN (or EIN, If the owner has one). Do not enter the disregarded entity's EIN. If the LLC Is classified ea a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 forfurther clarification of name and TIN combinations. How to get a TIN. If you do not have aTIN, apply for one Immediately. To apply far an SSW, get Fan SS -5, Application for a Social Security Card, from your [Deal SSA office or get this form online at www.ssa.gov. You may also get this form by calling 1-600-772-1213. Use Form W-7, Application for IRS individual Taxpayer Identigcatlon Number, to apply for an ]TIN, or Form SS -4, Application for Employer Identification Number, IS apply far an FIN. You can apply far an FIN onllne by accessing the IRS womins at www.ifs.gowbusinasses and clicking on Employer IdentfHeatlon Number (EN) under Starling a Business. You can get Forms W-7 and SS -4 from the IRS by visiting IRS.gov or by calling 1 -800 -TAX -FORM (1-800-8291 If you are asked to complete Form W-9 but do not have aTIN, apply for aTIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester, For Intemst and dividend payments, and certain payments made with respect to readily tradable Instruments, generally you will have 60 days to got a TIN and give It to the requester before you are subject to backup withholding on payments. Tha 60 -day rale class not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Nate. Entering "Applied For" means that you have already applied for a TIN ol'that you intend to apply for one soon. Caution: A dlsregarded U.S. entity that has a foreign owner must use the appropnate Form W -B. 75R-49 Form W-9 (Raw. 12-2014) Page 4 Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W-9. You may be requested to sign by the withholding agent even If Items 1, 4, or 5 below Indicate Othelwise For a joint account, only Ilia parson whose TIN Is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on line 1 must 91111. Exempt payees, see Exempt payee code earlier. Stimulate requfrements. Complete the cerllflcedon as Indicated In Items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and bra her accounts considered active durin9 1983. You must give Yonne correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts can.1dered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct T114 to the requester, you must cross out item 2 In the certification before signing the farm. 3. Real estate transactions. You must sign the cart]traitor. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the carthirailon unless you have been nolllied that you have previously given an In t.om.t TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (Including payments to corporations), payments to a nonampioy to for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attorneys (including payments to corporations). 5. Mortgage Interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Covenant ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to elgn the certification. What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual The Individual 2. Two or more individuals Uoint The actual owner of the account or, account) If combined funds, the first Individual on the account' 3. Custodian account of a minor The minor' (Uniform Ggt to Minors Ant) 4. a. The usual revocable savings The grantor -trustee' trust (grantor Is also trustee) b. So-called trust account that Is The actual owner' not a legal or valid trust under state law 5. Sale proprietorship or disregarded The owner' Shifty owned by an individual 6. Grantor trust filing under Optional The grantor` Form 1099 Filing Method 1 (see Regulations section 1.671-4(b)(2)(i) (A)) For9Js type of account: Give nameand SIR oA 7. Disregarded enilty nat owned by an The owner individual B. A valid trust, estate, or pension trust Legal anthy' 9. Corporation or LLG electing The corporation corporate status on Form 8832 or Form 2553 10, Association, club, reilgious, The organlzatlon charitable, educational, or other tax- exempt organlzallon 11. Partnership or rlultl-member LLC The partnership '12. A broker or registered nominee The broker or nominee 13. Account with the Department of The public entity Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives ogricuRurai program payments 14. Grantor trust filing under the Form The trust 1041 Filing Method or the Optional Form logo Filing Method 2 (see Regulations section 1.671-4(b)(2)m (Bl) List fist and circle the name of the person whose number you hurrah. if only one pomon on a Idea renogunt has an SBN, that person's number must be furnished e clrcbn the minor'. name and furnish the of...'s SSN. You must show your individual name and you may also enter your business or DBAnama on ilia °Buslness name/disregarded entity" namellne. You may use either your SSW at EIN Of you have anal, but the IRS encourages you to gas your SSW. ° Usf first and circle the more of the facet, estate, se pension heat. (Do not famish the TIN of the personal representative or trustee unless the legal entity itself Is not desl... led area account title.) Also see Specfal rules kfpartnemhips on page 2. 'Note. Grantoralao must provide a Form W-0 to tmates attract. Note. If no name Is circled when more than one name is listed, the number will be considered to be that of the fast name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, SSN, or other identifying Information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a fob or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer Is protecting your SSN, and • Be careful when choosing atax insparer. If your tax records are affected by Identity theft and you resolve a noting from the IRS, respond right away to the name and phone number prin ted on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at net<due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1-800-9084490 or submit Form 14039. For mora Information, see Publication 4535, Identity Theft Preventlon and Victim Assistance. Victims of Identity theftwho are experiencing economic harm or a system pmglem, or are seeking help In resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS tolf-feea case intake line at 1-877-777-4778 or 7TY/7DD 1-B00-829-4059. Protect yourself from suspicious emalls or phishing schemes. Phlshing is the creation and use of small and websites designed to mimic legitimate business emalls and wehsites. The rlost comlrlon act Is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the carr Into surrendering private information that will be used for Identity theft. The IRS does net Initiate contacts with taxpayers via emalls. Also, the IRF, does not request personal detailed Information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access Information for their credit card, bank, or other financial accounts, If you receive an unsolicited small claiming to bo from the IRS, forward this message to phlstWng@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration (TIGTA) at'1-881-965-4404. You can forward suspicious smalls to the Federal Trade Oommiseion at; spam@ucti or contact them at wwwftagowldthaG or i-1177-IDTHEFT(1-877-438-4338). Visit IRS.gov to Team more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persona (Including federal agencies) who are required to file Information returns with the IRS to report Interest, dividends, or certain other income paid to you; mortgage interest you paid; the acqulsition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or NSA. The person collecting this form uses the Information on the form to Gia Information returns with the IRS, reporting the above Information. Routine uses of this Information include giving it to the Department of Justice for civil and criminal litigation and to cities, stales, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The Information also may be disclosed to other countries under a treaty, to federal and stale agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whetter or not you are required to file atax Tatum. Under section 3406, payers must generally withhold a percentage of taxable Interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. 75R-50 6/20/17 RESOLUTION NO. 2017 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY LOCATED WITHIN THE CITY OF SANTA ANA AT 2223 S. BRISTOL STREET (APN 015-194-28) FOR THE BRISTOL STREET WIDENING PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. On June 20, 2017, the City Council of the City of Santa Ana, after written notice duly provided to all those claiming ownership in the property described hereafter, as they appeared on the last equalized County assessment roll, held a hearing pursuant to Code of Civil Procedure section 1245.235 for the purpose of allowing the owners thereof a reasonable opportunity to be heard on the following matters: A. Whether the public interest or necessity requires the project; B. Whether the project is planned or located in a manner which is most compatible with the greatest public good and the least private injury; C. Whether the property proposed to be acquired is necessary for the project; D. Whether the offer required by Government Code section 7267.2 has been made; E. Whether the City has complied with all conditions and statutory requirements necessary to exercise the power of eminent domain to acquire the property described herein, as well as any other matter regarding the right to take said property by eminent domain; and F. Whether the City has statutory authority to acquire the property by eminent domain. Section 2. The City Council has, as a result of its consideration and the evidence presented at the hearings on this matter, and in accordance with the California Environmental Quality Act ("CEQA") and the State CEQA Guidelines, determined that the proposed project has been adequately evaluated in the previously prepared Environmental Impact Report/Environmental Impact Statement EIR No. 89-01 and all subsequent addenda. In accordance with National Environmental Policy Act, an Environmental Assessment document with a Finding of No Significant Impact was prepared for the proposed project and approved by the California Department of Transportation and Federal Highway Administration in 2011. Exhibit 3 Resolution No. 2017 -XXX Page 1 of 6 75R-51 On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the Project will have a significant adverse effect on the environment. Section 3. Pursuant to Title XIV, California Code of Regulations ("CCR") § 753.5(c)(1), the City Council has determined that, after considering the record as a whole, there is no evidence that the proposed project will have the potential for any adverse effect on wildlife resources or the ecological habitat upon which wildlife resources depend. The proposed project exists in an urban environment characterized by paved concrete, roadways, surrounding buildings and human activity. Therefore, pursuant to Fish and Game Code § 711.4(c)(2)(A) and Title XIV, CCR § 753.5(a)(3), the payment of Fish and Game Department filing fees is not required in conjunction with this project. Section 4. The City of Santa Ana hereby finds and determines each of the following: A. The public interest and necessity require the proposed project. B. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury. C. The property located at 2223 S. Bristol Street (APN 015-194-28), as described in Exhibit A and graphically depicted in Exhibit B, is necessary for the proposed project. D. The offer required by Section 7267.2 of the California Government Code was made. Section 5. The City hereby finds, determines and declares that the public interest, convenience and necessity require the acquisition by the City of the property described in Section 4 above, including any and all leaseholds and related improvements, for the purposes of Phase 4 of the Bristol Street Widening Project ("Project"). The location of the Project is between Warner Avenue and St. Andrew Place for the widening of Bristol Street. Included in the project will be street pave -out, and the installation of concrete curbs, gutters, and sidewalks in a manner which will be most compatible to the greatest public good and the least private injury. Section 6. The taking of the interest in the property described in Section 4 above is necessary for the public right of way and is authorized by Section 19 of Article I of the California Constitution; Section 200 of the Santa Ana Charter; Santa Ana Municipal Code section 41-781; California Code of Civil Procedure sections 1240.010, 1240.110; California Government Code sections 37350.5 and 40404; California Streets and Highways Code sections 5101, 5101.5, 5102; and other applicable law. Resolution No. 2017 -XXX Page 2 of 6 75R-52 6/20/17 Section 7. The City hereby declares that it is the intention of the City of Santa Ana to acquire in its name, in accordance with the provisions of the laws of the State of California with reference to condemnation procedures, all interests in and to the property described in Section 4 above. Section 8. If any of the property described in Section 4 above has been appropriated for some public use, the public use to which it is to be applied and taken under this proceeding is a more necessary and paramount public use. Section 9. The property described in Section 4 above is located within the City of Santa Ana, County of Orange, State of California, and is more particularly described in Section 4 hereof. Section 10. The City of Santa Ana is authorized to acquire by eminent domain as provided in the California Code of Civil Procedure. Section 11. The City Attorney is hereby authorized and directed to prepare, institute and prosecute in the name of the City such proceedings, in the proper court having jurisdiction thereof, as may be necessary for the acquisition of the interests in the property described in Section 4 above. The City Attorney is also authorized and directed to obtain a necessary order of immediate possession and occupancy of such property, at the discretion of the City Attorney. Section 12. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of , 2017. APPROVED AS TO FORM: Sonia A. Carvalho, City Attorney By: , -fA � JobA M. Funk Assistant City Attorney Miguel A. Pulido Mayor 75R-53 Resolution No. 2017 -XXX Page 3 of 6 AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2017 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Resolution No. 2017 -XXX Page 4 of 6 Clerk of the Council City of Santa Ana 75R-54 ( EXHIBIT q LEGAL DESCRIPTION Real property In the City of Santa Ana, County of Orange, State of California, described as follows; LOT 189 OF TRACT 1192, IN THF. CrrY OF SANTA ANA, COUNTY OF ORANGE, CALIFORNIA AS PER MAP RECORDED IN BOOK 39, PAGE(S)16 AND 17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, APN; 015494-28 75R-55 6/20/17 Resolution No. 2017 -XXX Page 5 of 6 � ( � , jn"1)' li�olo-)- o«}2 y 0� /\� ..Uoif o% Resolution No. a,7 -X q Page ea6 758.5§ _ ; 0 6! y�./. - I Resolution No. a,7 -X q Page ea6 758.5§ _ ; REQUEST FOR COUNCIL/ HOUSING AUTHORITY ACTION CITY COUNCIL MEETING DATE: JUNE 20, 2017 TITLE: „<. DISCUSSION ON AFFORDABLE HOUSING DEVELOPMENT PROJECTS, APPROVAL OF CITY FINANCIAL ASSISTANCE, AND APPROVAL OF APPROPRIATION ADJUSTMENT (STRATEGIC PLAN NO. 5, 3C) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading ❑ Ordinance on 2 n Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER OPTIONS FOR CITY COUNCIL CONSIDERATION As recommended by the Ad Hoc Committee, discuss the various Affordable Housing Development projects requesting City financial assistance and seek City Council direction on the allocation of current and available affordable housing development funds. Following are options for City Council discussion and consideration: A) Santa Ana Arts Collective, Meta Housing Corporation: Option #1: Amend the project's original award by an additional amount up to $2.9 million per Keyser Marston Associates gap analysis report. Option #2: Amend the project's original award by an additional amount up to $1,481,215, per CSG Advisors gap analysis report. City financial assistance to be negotiated by CSG Advisors and Meta Housing. Option #3: Take no additional action to fund the project at this time. B) First Street Apartments, AMCAL Multi -Housing: Option #1: Award of affordable housing development funds for an amount up to $8,522,740, per CSG Advisors gap analysis report. Option #2: Award of affordable housing development funds for an amount up to $8,795,000, per Keyser Marston Associates gap analysis report. Option #3: Take no additional action to fund the project at this time. 80A-1 Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 2 C) Aqua Housing, Community Development Partners: Option #1: Amend the original project award with an additional 31 project -based vouchers. Option #2: Take no additional action to fund the project at this time. D) Tiny Tim Plaza, Community Development Partners: Option #1: Commit to a future award of affordable housing funds for an amount of $6 million up to $11.7 million per CSG Advisors gap analysis report. Award of funds to follow the approval of the project by the Planning Commission and City Council pending the availability of funds. Option #2: Take no action to fund the project at this time. JOINT RECOMMENDED ACTIONS: 1. Staff recommends the approval of option Al, option B1, option C1, and option D1. 2. Direct staff to develop a policy and criteria for the allocation of future affordable housing development funds. 3. Approve a conditional pre -loan commitment, pending the approval of the Site Plan Review by the Planning Commission and City Council for the Tiny Tim Plaza project, as follow: CITY COUNCIL ACTIONS: 1. Staff recommends the approval of the following actions regarding loan documents and commitment letters: a. Direct staff to amend the Inclusionary Housing loan agreement for the Santa Ana Arts Collective project for an additional amount not to exceed $2,900,000 in Inclusionary Housing funds and provide for City Council consideration at the July 5, 2017 meeting. 2. Approve an appropriation adjustment. (Requires five affirmative votes). 80A-2 Housing City Council - Development Project Successor Inclusionary Agency Funds Housing Funds Tiny Tim Plaza $4,700,000 $1,300,000 CITY COUNCIL ACTIONS: 1. Staff recommends the approval of the following actions regarding loan documents and commitment letters: a. Direct staff to amend the Inclusionary Housing loan agreement for the Santa Ana Arts Collective project for an additional amount not to exceed $2,900,000 in Inclusionary Housing funds and provide for City Council consideration at the July 5, 2017 meeting. 2. Approve an appropriation adjustment. (Requires five affirmative votes). 80A-2 Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 3 APPROPRIATION ADJUSTMENT NO. 2017-148 - Recognizing the Inclusionary Housing Fund balance in the amount of $4,200,000 in revenue account (no. 41718002-50001) and appropriating same to the Inclusionary Housing Fund's Loans and Grants expenditure account no. (41718820-69152) for the Santa Ana Arts Collective project and conditional pre -loan commitment for the Tiny Tim Plaza project. HOUSING AUTHORITY ACTIONS: 1. Staff recommends the approval of the following actions regarding loan documents and commitment letters: Approve a pre -loan commitment in an amount not to exceed $8,522,740 for the First Street Apartments project. Approve an award of 31 additional project based vouchers to Community Development Partners with Mercy Housing Living Centers as the service provider for the Aqua Housing project and authorize the Executive Director of the Housing Authority to execute an amendment to the Agreement to Enter into a Project -Based Vouchers Housing Assistance Payments contract for an additional 31 vouchers for the Aqua Housing project. 3. Approve an appropriation adjustment. (Requires five affirmative votes). APPROPRIATION ADJUSTMENT NO. 2017-149 - Recognizing the Housing Successor Agency's fund balance in the amount of $8,633,785 in revenue account no. (60718002-50001) and appropriating same to the Low and Moderate Income Housing Asset Fund's Loans and Grants expenditure account no. (60718830-69152) for the First Street Apartments project's pre -loan commitment and conditional pre -loan commitment for the Tiny Tim Plaza project. On February 21, 2017, City Council established an Ad Hoc Committee to provide recommendations on how to move forward on affordable housing development projects in the queue and to return to the City Council with options for consideration. The Ad Hoc Committee met on February 28, and requested that staff seek the assistance of CSG Advisors, an independent affordable housing development finance firm, to prepare: A second opinion financial gap analysis for the Santa Ana Arts Collective and First Street Apartments projects to compare to the previously completed financial gap analysis reports prepared by Keyser Marston Associates (KMA), and • I . Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 4 Financial gap analysis reports on Aqua Housing and Tiny Tim Plaza affordable housing development projects seeking City financial assistance. On May 17, 2017, the Ad Hoc Committee met and recommended staff bring the four projects to City Council for discussion and seek direction based on the results of the financial gap analysis. In addition, the Ad Hoc Committee requested that staff provide the currently available affordable housing development funds (Exhibit 1), estimate of potential future funding, restrictions and uses of those funds (Exhibit 2), and development schedule for each project (Exhibit 3). Following is the description, history and status of each of the four projects seeking City financial assistance: Santa Ana Arts Collective, Meta Housing Corporation: 1666 North Main Street The Santa Ana Arts Collective is an artist focused affordable housing development project that consists of a 57 -unit adaptive reuse project to convert an existing five -story office building to residential units and ground -floor commercial and community space. The unit mix consists of 26 one bedroom units, 14 two bedroom units and 17 three bedroom units for 30%, 50% and 60% of the Area Median Income (AMI). This project applied to the City for financial assistance through a competitive Request for Proposals (RFP) process on August 21, 2015. On November 3, 2015, the City Council awarded $4,635,000 in funding for the project from its Community Development Block Grant (CDBG $500,000), Inclusionary Housing Funds ($1.875 million), and a pre -commitment of HOME Investment Partnerships Program funds ($2.26 million). As conditioned in the City's approval, the developer Meta Housing Corporation (Meta Housing) then gathered the balance of awards projected to fully finance the project. In October 2016, the project was awarded Affordable Housing and Sustainable Communities (AHSC) funds by the California Department of Housing and Community Development (CA HCD). In November 2016, Meta Housing was competitively awarded 9% Low Income Housing Tax Credits (LIHTC). Under normal circumstances a LIHTC allocation is the final piece of financing needed for a project to move forward. However, since the November 2016 presidential elections, anticipated federal tax reform has upended LIHTC equity markets and resulted in a financial gap that, absent additional funds, renders the project infeasible. On December 14, 2016, Meta Housing submitted a request for an additional $3.1 in City funds due to the financial gap created by lower tax credit equity pricing and rising interest rates. The request was submitted to KMA for review. In December of 2016, City staff informed Meta Housing of other alternatives such as a hybrid 9 percent/4 percent tax credit structure proposed by the California Tax Credit Allocation Committee. Meta Housing applied and was unsuccessful in securing the hybrid tax credits. On March 1, 2017, KMA completed a financial gap analysis and determined $2,900,000 as the financial gap for the project if the City required the Developer to defer or forgo $600,000 of the developer fee included in the Project's budget (Exhibit 4). Later as requested by the Ad Hoc Committee, CSG Advisors completed a second opinion financial gap analysis on May 9 and determined $1,481,215 as the financial gap for the project if the City required Meta Housing to contribute a portion of its Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 5 developer fee to the partnership in the form of a $1 million General Partner Capital Contribution (Exhibit 5). The developer fee would need to be negotiated. Meta Housing has informed city staff that $1.4M in financial assistance would limit their ability to complete the project. Meta must pull their first building permit for the project by July 28, 2017 or they will lose their 9% LIHTC award. First Street Apartments, AMCAL Multi -Housing: 1440 East First Street The First Street Apartments project will provide 69 units of affordable workforce housing. The rental units (less one manager's unit) are 100% affordable to family households earning between 30% and 60% of the AMI. The unit mix currently consists of six four-bedroom units, 28 three- bedroom units and 35 two-bedroom units (one being a manager's unit). This project initially applied to the City for financial assistance through a competitive RFP process for project based vouchers (PBVs) and was awarded eight PBVs by the Housing Authority on May 5, 2015. On February 2, 2016, the City Council approved the Planning Commission's recommendation to direct Heritage Village OC LLC (Heritage Village) inclusionary housing funds to AMCAL and also directed the City Manager to lead discussions on the project. On April 15, 2016, KMA completed a financial gap analysis and determined $8,795,000 as the City's financial assistance (Exhibit 6). On December 20, 2016, the City Council authorized the City Manager to execute a conditional loan commitment letter with AMCAL for $2,600,000 of inclusionary housing in -lieu fees contingent on the City's receipt of an in -lieu fee payment of $2,600,000 from Heritage Village. In addition, the Housing Authority also authorized the drafting of loan agreements in an amount not to exceed $6,195,000 for a total of $8,795,000 pre -committed for the project. On February 21, 2017, staff agendized the City conditional loan and Housing loan agreements for City Council consideration. The City Council tabled the agreements and requested that an Ad Hoc Committee review the project as well as other projects in the queue. As requested by the Ad Hoc Committee, CSG Advisors completed a second opinion financial gap analysis on May 12, 2017, and determined $8,522,740 as the financial gap for the project (Exhibit 7). On May 16, 2017, AMCAL submitted a letter informing the City that Heritage Village will not be making the initial payment of $2.6M in In -lieu fees in time for the June 28 tax credit application deadline. The delay in payment was also confirmed by a representative from Heritage Village. As such, AMCAL requests that the City bridge the $2.6M of in -lieu fees with currently available City affordable housing development funds in order to meet the tax credit application deadline. The developer is preparing to apply for 9 percent competitive tax credits on June 28, 2017. Aqua Housing, Community Development Partners: 317 East 17th Street The Aqua Housing project consists of a 57 -unit new construction permanent supportive housing development, for chronically homeless individuals with wrap-around supportive services provided on-site by Mercy Housing Living Centers. The unit mix currently consists of 12 studio units and 45 one -bedroom units for 30% and 60% of the AMI, including a single one -bedroom property manager's unit. • R. Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 6 This project applied to the City for financial assistance through a competitive RFP process for 56 project based vouchers (PBVs) on January 31, 2017. On April 4, 2017, the Housing Authority awarded 25 project -based vouchers to the project. However, the project will need an additional 31 PBVs to be feasible and for the developer to apply for the June 28th 9 percent tax credit deadline. Planning staff have been reviewing the project since the approval of the initial 25 PBVs and the City has invested resources in the required NEPA environmental review. On May 22, the Planning Commission approved the entitlements for the project. The developer is preparing to apply for 9 percent competitive tax credits on June 28, 2017. As requested by the Ad Hoc Committee, CSG Advisors is conducting a financial gap analysis for affordable housing development funds in the event that the additional 31 PBVs are not awarded. Tiny Tim Plaza, Community Development Partners: 2223 West 5th Street The Tiny Tim Plaza project consists of a 51 -unit new construction affordable housing development targeting low-income families making 30%-60% AMI, including 5 units targeting at - risk homeless families. This development was identified as one of the projects in the queue and as such, on February 28, 2017, the Ad Hoc Committee requested a financial gap analysis be conducted to determine the financial assistance for the project. On May 18, 2017, the developer, Community Development Partners, requested that the City commit affordable housing funds during the month of June as the commitment will provide for a favorable outcome in the acquisition of land and closing of escrow tentatively scheduled for July. The developer is requesting $6 million in City financial assistance for the project. On May 24, as requested by the Ad Hoc Committee, CSG Advisors completed the financial gap analysis and determined $11.7 million as the financial gap for the project (Exhibit 8) if the developer does not receive new market tax credits, Section 8 vouchers, or other State funding. The project will apply for 4 percent non-competitive tax credits in October 2017. Currently, the project is in planning development review and anticipated to be reviewed by the Planning Commission on September 11, 2017. Planning staff estimates that the project will be agendized for City Council consideration on October 3, 2017. Additional Ad Hoc Committee Recommendations: The Ad Hoc Committee recommended that the City Council direct staff to develop a policy and criteria for the allocation of future affordable housing development funds. It is anticipated that future federal funding for affordable housing may decrease requiring the City to prioritize projects for funding. The selection criteria would include elements such as; 1) affordability, 2) number of units, 3) operating costs to tenants, and 4) gap analysis. Upon the direction of the City Council, staff will conduct research and prepare options and recommendations for City Council consideration at a later date. Regarding the availability of affordable housing development funds, the Ad Hoc recommended that staff provide the City Council with the current available funds on hand and to estimate future funding. As provided in the May 2, 2017 quarterly report of Housing division projects and Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 7 activities, the currently available affordable housing development funds amount is $18,661,468. This value includes Housing Successor Agency, Inclusionary Housing, HOME program and CDBG available funds as detailed in Exhibit 1. In addition, staff estimates that the City will receive future Inclusionary Housing Funds from the Heritage Project (est. $9.7M) and 421 N. Harbor Blvd mixed use market -rate development project (est. $717,388). The future sale of Housing Successor Agency properties (four developable sites) may generate an estimated $4 million. Lastly, the allocation of 2017-18 CDBG funds for multi -family housing will provide an additional $300,000 and is dependent on the allocation of federal funds. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods), Strategy C (Provide that Santa Ana residents, employees, artists and veterans receive priority for affordable housing created under the City's Housing Opportunity Ordinance or with City funding to the extent allowed under state law). FISCAL IMPACT Approval of the City Council appropriation adjustment will recognize $4,200,000 in the Inclusionary Housing Fund's revenue account (no. 41718002-50001) and increase the Loan and Grants expenditure account no. (41718820-69152) by the same amount in the FY 2016-17 budget, for the Santa Ana Arts Collective project and a portion of the conditional pre -loan commitment for the Tiny Tim Plaza project. Both loans from the Inclusionary Housing Fund are estimated to be fully expended in FY 2017-18, pending changes to the project schedules for both projects. Funds in the amount of $4,588,955 are available in the Low and Moderate Income Housing Asset Fund, Loans and Grants account (no. 60718830-69152) for a portion of the pre -loan commitment for the First Street Apartments project. Approval of the Housing Authority appropriation adjustment will recognize $8,633,785 in the Low and Moderate Income Housing Asset Fund's revenue account (no. 60718002-50001) and increase the Loan and Grants expenditure account no. (60718830-69152) by the same amount in the FY 2016-17 budget, for the remaining First Street Apartments project commitment and the Tiny Tim Plaza project conditional pre -loan commitment. Both loans from the Low and Moderate Income Housing Asset Fund are estimated to be fully expended in FY 2017-18, pending changes to the project schedules for both projects. 80A-7 Discussion on Affordable Housing Development Projects, Approval of City Financial Assistance, and Approval of Appropriation Adjustment June 20, 2017 Page 8 Development Project Housing Successor Agency Funds Inclusionary Housing Funds Santa Ana Arts Collective $2,900,000 First Street Apartments $8,522,740 Tiny Tim Plaza $4,700,000 $1,300,000 Totals $13,222,740 $4,200,000 The housing assistance payments for the Aqua Housing project (31 project based vouchers) are expected to be $355,260 annually. The payments will not commence until the completion of the project and tenant occupation of the units. Funds will be budgeted in future fiscal years in the Housing Choice Voucher Program, Housing Assistance Payment account (no. 13618760-69158) for anticipated expenditure beginning in FY 2019-20. Robert Cortez `f Acting Executive Director Community Development Agency APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Available Funds for Affordable Housing Development Projects 2. Restrictions and Uses of Funds 3. Development Schedules for Affordable Housing Projects 4. KMA Analysis for the Santa Ana Arts Collective 5. CSG Advisors Analysis for the Santa Ana Arts Collective 6. KMA Analysis for the First Street Apartments 7. CSG Advisors Analysis for the First Street Apartments 8. CSG Advisors Analysis for Tiny Tim Plaza 9. First Street Apartments project pre -loan commitment letter 10. Aqua Housing project award letter 11. Tiny Tim Plaza project conditional pre -loan commitment letter Exhibit 1 Available Funds for Affordable Housing Development Projects As of March 31, 2017 Housing Successor Agency (Housing Authority) $14,602,716 Cash on Hand ($789,853) Reconciling amount (ROPS Projects) ($338,032) Habitat for Humanity Disposition and Development Agreement ($250,000) Administrative Costs Allowance 1 $13,224,831 Available Funds Inclusionary Housing Funds $6,625,980 Cash on Hand 2 ($2,061,381) Santa Ana Arts Collective Pre -Commitment Loan & Associated Project Costs s ($98,594) Administrative Costs Allowance (CDA/PBA) $4,466,005 Available Funds ('Excludes $9,695,725.60 anticipated from Heritage Village) HOME Program $2,923,410 Funds to Drawdown ($2,260,000) Santa Ana Arts Collective Pre -Commitment Loan ($332,778) Community Housing Development Organizations (CHDO) Set -Aside 4 $330,632 Available Funds to Drawdown CDBG Program (Acquisition/Rehabilitation Projects Only) 5 $1,140,000 Funds to Drawdown ($500,000) Santa Ana Arts Collective Pre -Commitment Loan $640,000 Available Funds to Drawdown $ 18,661,468 Total Available Funds The Housing Successor Agency relies on available cash to fund the monitoring and compliance functions related to the former Redevelapmenl Agencys housing loans. I Includes $757,600 payment from the Ventam Walk project (1506 W. 1st Street) received in March 2017. ' Pre -man amount is $1,875,000. 4 The 5332,778 includes funds currently available as noted in the February 7, 2017 City Council Agenda item 25C. An additional $171,771.60 Is estimated in future funding. ' All unencumbered funds at fiscal year end are expected to be rolled over to the Unappropriated Balance for CDBG Capital Projects in FV 17118. • ' M Foorlymul EXHIBIT 2 RESTRICTIONS AND USES OF AFFORDABLE HOUSING FUNDS Housina Successor Aaencv (Housing Authori The Housing Authority assumed the role of the Housing Successor Agency to the former Redevelopment Agency when the Redevelopment Agency was dissolved in February 2012, which includes the funds and properties in the Low and Moderate Income Housing Asset Fund. Funds must be used to develop, acquire, rehabilitate, acquire long-term affordability covenants for, or preserve lower income housing (at or below 80% of the area median income (AMI)). At least 30% of the funds must be spent on extremely low income housing (at or below 30% AMI) and no more than 20% of the funds may be spent on housing for households earning between 60-80% AMI. These requirements must be met over a 5 -year period. If an agency fails to meet these requirements in any 5 -year period, at least 50% of the funds in each fiscal year must be spent for extremely low income households until the extremely low income target is met. If the agency exceeds the expenditure limits for households earning between 60-80% AMI, the agency is prohibited from spending funds on housing in that income range until the limit is met. Units developed with these funds have the following affordability requirements: 55 -years for rental units and 45 -years for for-sale/ownership units. Rent, affordable sales price and income limits are determined by methodologies set by the State of California. If the Agency has fulfilled all replacement, affordable housing production, and monitoring, database compilation and web site publication requirements, it may spend up to $250,000 per fiscal year on homeless prevention and rapid rehousing services. Inclusionary Housing Funds The City's Inclusionary Housing Ordinance prescribes the use of the monies deposited into the Inclusionary Housing Fund, which are to "be used to increase and improve the supply of housing affordable to Moderate, Low, Very Low and Extremely Low Income Households in the City". Funds shall be used in accordance with the City's Housing Element, Consolidated Plan, or subsequent plan adopted by the City Council to construct, rehabilitate, or subsidize affordable housing or assist other government entities, private organizations, or individuals to do so. The Inclusionary Housing Fund may be used for the benefit of both rental and owner - occupied housing. Eligible uses include, but are not limited to, assistance to housing development corporations, equity participation loans, grants, pre -home ownership co - 80A -11 investment, pre -development loan funds, participation leases, or other public-private partnership arrangements. HOME Investment Partnerships Proaram (HOME) Funds HOME eligible program activities include: (1) Homeowner Rehabilitation; (2) Homebuyer Activities; (3) Rental Housing; and (4) Tenant -Based Rental Assistance (TBRA). For affordable housing development, the City of Santa Ana provides HOME funds as a loan to affordable housing developers, with a 3% interest rate for a 55 -year term repaid by residual receipt payments. HOME funds can be used for the following costs: new construction projects; rehabilitation; reconstruction; conversion; site improvements; acquisition of property; acquisition of vacant land; demolition; relocation costs; refinancing; capitalization of project reserves; and project -related soft costs. Prohibited activities and costs under the HOME program include: project reserve accounts; TBRA for certain purposes; match for other federal programs; public housing; acquisition of city -owned property; payment of delinquent taxes, fees, or charges; and project -based rental assistance. Requirements for HOME -funded projects include, but are not limited, to the following requirements. HOME funds must be used for households at or below 80% AMI with HOME rents determined annually by U.S. Department of Housing and Urban Development (HUD). HOME -funded properties must meet certain minimum property standards, which are outlined in the City's Property Standards. The HOME affordability period is 5 to 20 years depending on the HOME assistance; however, the City's affordability period is 55 -years for all rental projects. The City monitors these units during the affordability period for compliance through on-site physical inspections, review of tenant files and programmatic requirements, and annual reports. The City is required to meet prescribed timeliness requirements to commit within 2 -years and expend within 5 -years of receiving the HOME funds. Allocation of funds must go through a competitive Request for Proposals (RFP) process per 24 CFR PART 85 Administrative Requirements for Grants. Community Development Block Grant (CDBG) Funds CDBG eligible program activities related to housing include: (1) homeowner assistance; (2) rental rehabilitation activities; (3) homeowner rehabilitation activities; (4) housing services in connection with the HOME Program; and (5) acquisition of existing housing. Prohibited activities and costs under the CDBG program, as related to affordable housing development, includes: operating and maintenance expenses, and new housing construction projects. 80A-12 For multi -family rental housing, at least 51 % of the units must be occupied by low- or moderate -income households. Qualified households must have incomes at or below 80% of the AMI. All CDBG-assisted rental units must bring the properties up to local codes and standards. The City monitors rental units through on-site physical inspections, review of tenant files and programmatic requirements, and annual reports. Allocation of funds must go through a competitive RFP process per 24 CFR PART 85 Administrative Requirements for Grants. Project -Based Voucher (PBV) Funds: Project -based vouchers are a component of a public housing authority's (PHA) Housing Choice Voucher Program. A PHA can attach up to 20 percent of its voucher assistance to specific housing units if the owner agrees to either rehabilitate or construct the units, or the owner agrees to set-aside a portion of the units in an existing development. Funding for project -based vouchers comes from funds already obligated by HUD to a PHA under its annual contributions contract (ACC). The PHA can use up to 20 percent of its housing choice vouchers for project based vouchers. Under the tenant -based Housing Choice Voucher Program, the PHA issues an eligible family a voucher and the family selects a unit of its choice. If the family moves out of the unit, the contract with the owner ends and the family can move with continued assistance to another unit. Under the project -based voucher program, a PHA enters into an assistance'contract with the owner for specified units and for a specified term. The PHA refers families from its waiting list to the project owner to fill vacancies. Because the assistance is tied to the unit, a family who moves from the project -based unit does not have any right to continued housing assistance. However, they may be eligible for a tenant based voucher when one becomes available. Allocation of funds must go through a competitive RFP process per 24 § 983.51. EXHIBIT 3 Santa Ana Arts Collective Project Schedule Milestone Date City RFP Award 11/3/2015 Escrow Land Closing Date 1/11/2016 PlanningCommission Approval of Entitlements 5/9/2016 9% Tax Credit Application Submittal 6/28/2016 19% Tax Credit Allocation Award 11/16/20161 Estimated Tax Credit Partnership Closing 7/28/2017 Estimated Construction Start 7/28/2017 Estimated Construction Completion 10/28/2018 EXHIBIT 3 First Street Apartments Project Schedule Milestone Date City Council Approval of Project Based Section 8 Vouchers 5/5/2015 Escrow Land Closing Date 8/31/2015 Planning Commission Approval of Entitlements _ 3/28/2016 Estimated 9% Tax Credit Application Submittal 6/28/2017 [ Estimated 9% Tax Credit Allocation Award 9/20/2017 Estimated Tax Credit Partnership Closing 2/28/2018 Estimated Construction Start 2/28/2018 Estimated Construction Completion 9/1/2019 EXHIBIT 3 Aqua Housing Project Schedule Milestone Date City RFP Award of 25 Project Based Vouchers 4/4/2017 Planning Commission Approval of Entitlements 5/22/2017 Estimated 9% Tax Credit Application Submittal 6/28/2017 Estimated Escrow Land Closing 6/29/2017 Estimated PBV AHAP Executed 11/15/2017 Estimated Construction Start 2/15/2018 Estimated Construction Completion 4/1/2019 80A-17 EXHIBIT 3 Tiny Tim Plaza Project Schedule Milestone Date Estimated Acquisition of Property July 2017 j Estimated Planning Commission Approval of Entitlements 9/11/2017 Estimated 4% TE Bond / LIHTC Award 12/13/2017 Estimated Tax Credit Partnership Closing 6/11/2018 Estimated Construction Start 6/11/2018 Estimated Construction Completion 9/15/2019 FOODINFOO MGM. kWJ KEYSER MARSTON ASSOCIATES- ADVISORSIN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT MEMORANDUM ADvIsoRS IN: Real Estate To: Judson Brown, Housing Division Manager Redevelopment Affordable Housing City of Santa Ana Economic Development SAN FBANciSCO A. Jerry Keyser From: Kathleen Head Timothy C. Kelly Tim Bretz Kate Earle Funk Debbie M. Kern Reed T. Kawahara David Doezema cc: Natalie Verlinich, Housing Programs Analyst Los ANGELES Kathleen H. Head Date: March 1, 2017 James A. Rabe Gregory D. Soo -Hoo Kevin E. Engstrom Subject: Santa Ana Arts Collective: Financial Gap Analysis Julie L. Romey SAN DIEGO Paul C. Marra At your request, Keyser Marston Associates, Inc. (KMA) prepared a financial gap analysis for the Santa Ana Arts Collective project being proposed by Meta Housing Corporation (Developer). The purpose of the KMA analysis is to quantify the maximum amount of financial assistance necessary to provide the proposed affordable housing units. EXECUTIVE SUMMARY The Developer acquired an existing office building located at 1666 North Main Street (Site) and is proposing to convert the building through adaptive reuse into a 58 -unit apartment project (Project). Fifty-seven (57) of the units will be subject to long-term income and affordability covenants, and one unit will be provided to an on-site manager. The Developer proposes to target a tenant population that consists of working artist families. Previous Financial Assistance Request The Developer submitted an initial proposal for the Project in Fall 2015. In that proposal, the Developer requested $4.64 million in financial assistance from the City of Santa Ana (City). KMA reviewed the Developer's proposal and confirmed that the financial assistance request was warranted by the Project economics at that time. S00 SOUTH GRAND AVENUE, SUITE 1480: LOS ANGELES, CALIFORNIA 90071 % PHONE 213.622.8095 W W W.KEYSERMARSTON.COM 80A-19 1703001:SNA:TRB 19090.014.007 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 2 Additional Financial Assistance Request Between 2015 and the present, a number of factors created an additional financial gap. The Developer estimates this gap at $3.49 million. If the City fills this increased gap, the City's total financial assistance would be increased to $8.13 million.' The Developer is currently pursuing to options for obtaining increased outside funding. If they are successful, the unfunded gap will be eliminated. If additional outside funding cannot be obtained, at a minimum, KMA recommends that the City require the Developer to defer or forgo $600,000 of the $2.0 million Developer Fee that is included in the Project budget. This would decrease the Project's unfunded financial gap to approximately $2.90 million. In that case, the City's total financial assistance would equal approximately $7.54 million. BACKGROUND Outside Funding Sources The following outside funding sources are proposed to be used to finance the Project: 1. A conventional permanent loan; 2. The Federal 9% Low Income Housing Tax Credits (9% Tax Credits) that are competitively awarded by the California Tax Credit Allocation Committee (TCAC); and 3. Funding from multiple programs within the Affordable Housing and Sustainable Communities Program (AHSC) administered by the California Department of Housing and Community Development (HCD). Reasons for Additional Financial Assistance Request The Developer provided the following primary reasons for the unfunded financial gap: Development Cost Increases The total development costs in the Developer's Fall 2015 proposal were estimated at $26.56 million. The Developer is currently estimating the total development costs at $34.18 million, ' It is our understanding that the City has not determined the specific breakdown of City funds that would be utilized to fulfill the Developer's financial assistance request. 1703001:SNA:TRB 19090.014.007 FO Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 3 which equates to an approximately $7.6 million increase in development costs. The Developer provided the following reasons for the increase in development costs: 1. The Project includes the acquisition of an existing office building that was 50% occupied at the time of purchase. Many of these tenants had termination options in their leases, which the Developer did not anticipate. Relocation costs were underestimated by approximately $828,000. 2. The AHSC Program is requiring a $1.29 million bike lane as a part of the funding commitment that was not included in the original proposal. However, it is important to note that the AHSC Program is providing a $1.29 million grant to off -set these costs. 3. The scope of construction necessary to convert the existing office building into a residential use was underestimated in the original proposal. 4. Labor and materials costs have increased significantly over previous years. As a result, current cost estimates are substantially higher than the cost estimates obtained for the original proposal. KMA concurs with statement. Tax Credit Equity Rate Decreases Due to uncertainties related to prospective corporate tax changes, the financial markets are currently experiencing substantial volatility. This uncertainty is creating direct impacts on the Tax Credit equity markets, both in terms of demand and pricing. Given this uncertainty, Tax Credit equity rates have dropped significantly. The Project was previously assuming a Tax Credit equity rate of $1.07 per gross Tax Credit dollar. Currently, the Developer is estimating the Tax Credit equity rate at $0.99 per gross Tax Credit dollar. This estimate is validated by the fact that the majority of the projects that KMA is currently reviewing are estimating Tax Credit equity rates between $0.95 to $1.00 per gross Tax Credit dollar. AHSC Program Requirements Affordability Mix To be more competitive for the AHSC Program, the Developer altered the affordability mix of the original proposal to include a larger number of units restricted to extremely -low and very - low income households. This decreased the Project's net operating income, which in turn, decreased the conventional permanent loan that could be supported by the Project. 1703001:SNA:TRB 80A-21 19090.014.007 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 4 AHSC Loan Limits In October 2016, the Developer was awarded $7.80 million in capital funds from the AHSC Program. However, AHSC Program Loan Limits are primarily based on the type of Tax Credits utilized, and 9% Tax Credit projects must utilize lower loan limits than 4% Tax Credit projects. When the Project was awarded 9% Tax Credits in November 2016, the AHSC award was reduced by approximately $3 million —from $7.80 million to $4.90 million. POTENTIAL FUNDING SOURCES FOR THE UNFUNDED FINANCIAL GAP Additional Funding Sources The Developer is pursing two options to obtain additional funding from outside funding sources. If the Developer is successful with either of the two outside funding options, it is anticipated that the Project will not exhibit an unfunded financial gap. As such, the Developer would not request additional funds from the City. The two options being pursued are as follows: 9% Tax Credit /4% Tax Credit Hybrid structure The volatility in the Tax Credit markets, and the subsequent drop in Tax Credit equity rates, have created additional financial gaps for many Tax Credit projects. To mitigate this loss, TCAC is proposing to create a 99,6/4% Hybrid Structure to help fund a portion of impacted projects' financial gaps. This structure requires the developer to subdivide or legally separate a project into two separate projects with one project receiving the awarded 9% Tax Credits and the other project receiving a new award of 4% Tax Credits. The creation of a separate 4% Tax Credit project generates additional Tax Credit equity. However, this structure has never been undertaken before, and thus, there are many uncertainties regarding its viability. The AHSC award also creates potential impediments to using this proposed hybrid Tax Credit structure. The Developer is corresponding with HCD regarding the following issues: 1. Given that the Project would need to be legally separated into two projects, the AHSC award would also need to be separated. HCD has no programmatic process to accomplish this, and is uncertain if they have the flexibility to implement a new process. 2. HCD will require separate deeds of trust for the 9% project and the 4% project. The Developer's legal counsel advised that it may be difficult to obtain approval of this structure from HCD's legal counsel. The Developer has not yet obtained a definitive answer from HCD as to whether this is a viable option. If the Developer can pursue this structure, it is likely that it will produce sufficient 1703001:SNA:TRB 19090.014.007 80A-22 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 5 additional financing to fill the Project's unfunded financial gap. In that case, the Developer would not need any additional financial assistance from the City. If it is determined that this structure is viable, KMA recommends re -analyzing a more finalized version of the Developer's pro forma to ensure that the City's previous financial assistance package is still warranted by the Project economics. Increase in AHSC Program Funds As discussed above, the Developer was required to utilize 9% Tax Credit Loan Limits, and subsequently reduce the amount of the original AHSC award. However, due to the decrease in Tax Credit equity rates being experienced by all Tax Credit projects, the Developer is working with HCD to allow the Project to use the higher 4%Tax Credit Loan Limits rather than the 9% Tax Credit Loan Limits. If HCD approves this request, the Project will not require additional funds from the City. No Additional Outside Financial Assistance Given the uncertainty of successfully obtaining additional funding through either of the two options outlined above, the Developer is requesting $3.49 million in additional financial assistance from the City. Developer Proposal KMA analyzed the information provided by the Developer, and prepared a financial gap analysis for the Project. The following table compares the KMA and Developer financial gap estimates based on the assumption that no additional outside funding sources are available: Developer KMA Difference Total Development Cost $34,178,000 $34,145,000 $33,000 Available Funding Sources 30,687,000 30,694,000 ($7,000) Unfunded Financial Gap $3,491,000 $3,451,000 $40,000 As shown in the preceding table, based on the Developer's proposal, KMA estimates the Project's unfunded financial gap at $3.45 million. Comparatively, the Developer is requesting $3.49 million in additional financial assistance from the City. This equates to a $40,000, or less than 1% differential, which can be considered inconsequential. 1703001:SNA:TRB 80A-23 19090.014.007 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 6 KMA Recommendation The Project's budget includes a $2.0 million Developer Fee, which is the maximum amount allowed for 9% Tax Credit transactions. If the Developer is unable to obtain additional outside funding, KMA recommends that the City require the Developer to defer or forgo the $600,000 component of this Fee that exceeds the $1.40 million that can be included in the Project's Tax Credit eligible basis. This would decrease the Project's unfunded financial gap to approximately $2.90 million. The City previously committed $4.64 million to the Project. If the City grants the Developers request for $3.49 million in additional financial assistance, the City assistance package would total $8.13 million. If the City requires the Developer to defer or forgo $600,000 of the Developer Fee, the City's assistance would total $7.54 million. PROJECT DESCRIPTION The proposed scope of development can be described as follows: 1. The Site is comprised of 1.0 acre, or 43,560 square feet of land area. 2. The 58 -unit Project represents a density of 58 units per acre. 3. The Project's unit mix is as follows: 4. The existing building is five stories in height and consists of approximately 66,800 square feet of gross building area (GBA). 5. The existing building contains a 142 -space subterranean parking garage. 6. The Project's proposed affordability mix is as follows: 1703001:SNA:TRB 19090.014.007 Number of Unit Size Units (SF) One -Bedroom Units 26 550 Two -Bedroom Units 15 871 Three -Bedroom Units 17 1,252 Total / Weighted Average 58 839 4. The existing building is five stories in height and consists of approximately 66,800 square feet of gross building area (GBA). 5. The existing building contains a 142 -space subterranean parking garage. 6. The Project's proposed affordability mix is as follows: 1703001:SNA:TRB 19090.014.007 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 7 Low HOME/ AHSC / Tax Credit @ 30% Median 20 Low HOME/ AHSC / Tax Credit @ 35% Median 6 Low HOME / AHSC / Tax Credit @ 40% Median 6 Low HOME/ AHSC/ Tax Credit @ 60% Median 25 Unrestricted On -Site Manager's Unit 1 Total Units FINANCIAL GAP ANALYSIS m KMA prepared pro forma analysis to assist in evaluating the Developer's proposal assuming that no additional financial assistance from outside funding sources can be obtained. The analysis is located at the end of this memorandum, and is organized as follows: Table 1: Estimated Development Costs Table 2: Stabilized Net Operating Income Table 3: Unfunded Financial Gap Calculation Estimated Development Costs (Table 1) KMA reviewed the Developer's development cost estimate, and then independently prepared a pro forma analysis for the Project. The development cost estimates used in this analysis are as follows: Property Assemblage Costs The following summarizes the property assemblage costs: 1. The purchase price for the Site was $7.20 million. The Developer submitted an appraisal prepared by BC Valu on August 21, 2015 that estimated the market value of the Site at $7.15 million, which is approximately equal to the purchase price. 2. The building was approximately 50% occupied with office tenants when it was acquired by the Developer, and the Developer initially estimated the relocation costs for these tenants at $782,000. However, the Developer has since stated that there are lease 1703001:sNA:TRB 80A-25 19090.014.007 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 8 termination options that were understated by the Developer's appraiser. The Developer currently estimates these costs at $1.61 million.' 3. The Developer included $30,000 in closing costs. The total property assemblage costs are estimated at $8.84 million. Direct Costs The direct costs estimates assume that the Project will be subject to prevailing wage requirements. The direct costs applied in this analysis can be summarized as follows: 1. The Developer estimates the AHSC infrastructure costs at $1.29 million. 2. The Developer estimates the City -required off-site improvement costs at $1.13 million. City staff should verify the scope and accuracy of the off-site improvements required to serve the Project. 3. The Developer did not include a specific line item estimate for on-site improvement costs. It is assumed these costs are included in the residential building costs line item. 4. The Developer estimates the residential building costs are estimated at $207,100 per unit, or $12.01 million. 5. The Developer included a $275,000 allowance for furnishings, fixtures and equipment. 6. A 10% allowance for contractorfees and general requirements is provided. 7. An allowance for construction bonds / general liability insurance at 2% of construction costs is provided. 8. A direct cost contingency allowance equal to 5% of other direct costs is provided. KMA estimates the total direct costs at $17.26 million. This equates to $297,500 per unit.' ' The Developer provided a breakdown of relocation payments that total $1.41 million. KMA assumes that the additional $200,000 in costs are related to administering relocation activities. 3 The Developer originally provided independently prepared cost estimates that range from $12.81 to $15.13 million for off -sites, building, contractor and insurance costs. The Developer currently estimates these costs at $14.36 million, however, contractors' bids have not yet been obtained for the Project. 1703001:SNA:TRB 19090.014.007 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 9 Indirect Costs KMA utilized the following assumptions in estimating the indirect costs: 1. The architecture, engineering and consulting costs are estimated at 10% of direct costs. 2. The Developer estimated the public permits and fees costs at $1.40 million, or $24,080 per unit. City staff should verify the accuracy of this estimate. 3. The taxes, insurance, legal and accounting costs are estimated at 3% of direct costs. 4. An approximately $1,000 per unit allowance for marketing and leasing costs is provided. 5. The Developer Fee is set at $2.0 million, which is the maximum amount allowed for the Project by TCAC. 6. An indirect cost contingency allowance equal to 5% of other indirect costs is provided. KMA estimates the total indirect costs at $5.99 million. Financing Costs The financing costs for the Project are estimated as follows: 1. The Developer estimates the interest costs for the acquisition / predevelopment loan at $617,000. This estimate is based on a $6.04 million loan amount, a 15 -month predevelopment period, an 18 -month construction period, and a 5% interest rate. 2. The interest costs on the construction loan are estimated at $855,000. These costs are based on the following assumptions: a. The construction period interest costs are based on a 3.52% interest rate, an 18 - month construction period, and a 60% average outstanding balance. b. The absorption period interest costs are based on a three-month absorption period and a 100% average outstanding balance. The financing fees are estimated at $349,000, and are based on 1.50 points for the construction and permanent loans. 1703001:SNA:TRB 80A-27 19090.014.007 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 10 4. A $146,000 capitalized operating reserve is provided. This equates to three months of operating expenses and debt service payments on the permanent loan supported by the Project's income. 5. The Tax Credit fees are estimated at $97,000 based on the following: a. A $2,000 application fee; b. A $410 per unit monitoring fee; and C. Four percent (4%) of the gross Tax Credit proceeds for one year. KMA estimates the total financing costs at $2.06 million. Total Development Costs As shown in Table 1, KMA estimates the total development costs at $34.15 million, which equates to approximately $588,700 per unit. In comparison, the Developer estimates the total development costs at $34.18 million, or $589,300 per unit. This equates to a less than 1% differential, which can be considered inconsequential. Stabilized Net Operating Income The Project's funding sources are likely to include City Housing Opportunity Ordinance (H00) in - lieu fees, HOME Program funds, CDBG funds, AHSC funds, and 9% Tax Credits. The Project's income and affordability standards must comport with the most stringent of the following standards: 1. Income Restrictions: The tenants' household incomes cannot exceed the strictest of: a. HOME Program income restrictions as defined under United States Code, Title 26, Section 142(d)(2)(B). b. Federal Low Income Housing Tax Credits income restrictions defined under United States Code, Title 26, Section 142(d)(2)(B). 2. Affordability Restrictions: Rents applied to all the units must reflect the most stringent of: a. HOME Program rents published annually by HUD; and b. Tax Credit rents published annually by TCAC. 1703001:SNA:TRB 19090.014.007 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 11 Achievable Rent Income The rents used in this analysis are based on 2016 information published by TCAC and the HOME Program. The maximum allowable rents, net of the appropriate utility allowances, are estimated as follows:' 4 The monthly utility allowances are estimated at: $42 for one -bedroom units; $52 for two-bedroom units; and $79 for three-bedroom units. 1703001:SNA:TRB 80A-29 19090.014.007 One- Two- Three - Bedroom Bedroom Bedroom Rent Restriction Units Units Units Low HOME / TC @ 30% Median HOME Rents $872 $1,045 $1,188 TCAC Rents $506 $606 $681 Applicable Rents $506 $606 $681 Low HOME / TC @ 35% Median HOME Rents $872 TCAC Rents $598 Applicable Rents $598 Low HOME / TC @ 40% Median HOME Rents $872 TCAC Rents $689 Applicable Rents $689 Low HOME / TC @ 60% Median HOME Rents $1,395 $1,584 TCAC Rents $1,265 $1,442 Applicable Rents $1,265 $1,442 4 The monthly utility allowances are estimated at: $42 for one -bedroom units; $52 for two-bedroom units; and $79 for three-bedroom units. 1703001:SNA:TRB 80A-29 19090.014.007 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 12 KMA estimates the Project's gross residential income at $639,100, which includes laundry and miscellaneous income averaging $10 per unit per month. After applying a S% vacancy and collection allowance, KMA estimates the resulting effective gross income at $607,100. The residential operating expenses are estimated as follows: 1. Based on the Developer's estimates, the general operating expenses are estimated at $5,990 per unit per year. 2. KMA assumes the Developer will apply for the property tax abatement that is accorded to non-profit housing organizations that own and operate low income apartments. The Developer estimates the property tax assessment overrides at $2,500 per year. 3. The Developer estimates the social services costs at $40,000 per year. 4. The AHSC Program requires mandatory annual debt service payments equal to .42% of the Affordable Housing Capital Loan amount. The annual debt service payment is estimated at $20,800 based on a $4.94 million loan amount. 5. The annual capital replacement reserve deposit is estimated at $600 per unit per year, which is assumed to be a requirement of the AHSC Program. As shown in Table 2, the residential operating expenses are estimated to total $445,500, or approximately $7,680 per unit. When the Project's effective gross income is reduced by the residential operating expenses, KMA estimates the stabilized net operating income at $161,600. Available Funding Sources The available funding sources committed to the Project can be described as follows: Conventional Permanent Loan To estimate the maximum permanent loan that can be supported by the Project's stabilized net operating income, KMA assumed that the loan would be underwritten at a 117% debt service coverage ratio, a 5.65% interest rate, and a 35 -year amortization period. Based on these assumptions, KMA estimates that the $161,100 in stabilized net operating income can support a $2.10 million permanent loan. Tax Credit Proceeds In November 2016, the Project was awarded gross Tax Credits with a value of $17.90 million paid out over a 10 -year period. These Tax Credits are sold on the secondary market, and the net 1703001:SNA:TRB 19090.014.007 80A-30 Judson Brown, City of Santa Ana Santa Ana Arts Collective: Financial Gap Analysis March 1, 2017 Page 13 syndication value is ultimately determined based on competitive market conditions and on the timing of the disbursements. Based on currently available information, KMA and the Developer estimate the proceeds at $0.99 per gross Tax Credit dollar. As such, the total net Tax Credit proceeds are estimated at $17.70 million. AHSC Program Funds The Developer received a total of $6.26 million in funding from the AHSC Program. The specific sources for these funds are as follows: 1. A $4.94 million AHSC Affordable Housing Capital Loan; 2. A $1.29 million AHSC Sustainable Transportation Infrastructure (STI) Grant; and 3. A $23,000 AHSC Program Activities (PRG) Grant. Deferred Developer Fee The Developer did not include a deferral of any portion of the Developer Fee as a funding source forthe Project. However, KMA does not agree with this assumption, which is discussed subsequently in this memorandum. Previous City Commitment The City previously committed to provide $4.64 million in financial assistance to the Project. Total Available Funding Sources As shown in Table 3, KMA estimates the total available funding sources at $30.69 million. Unfunded Financial Gap Calculation Based on the assumptions outlined in this analysis, KMA estimates the Project's financial gap as follows: Total Development Costs $34,145,000 (Less) Total Available Funding Sources (30,694,000) Unfunded Financial Gap $3,451,000 Per Unit $59,500 1703001:SNA:TRB 80A-31 19090.014.007 Judson Brawn, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 14 The Developer is requesting $3.49 million in additional financial assistance from the City, which is $40,000 more than the unfunded financial gap identified in the KMA financial analysis. This less than 1% differential can be considered inconsequential. As such, KMA concludes that the Developer's request for $3.49 million in financial assistance is warranted by the Project economics under the following assumptions: 1. No additional financial assistance from outside funding sources is available; and 2. The City does not require the Developer to defer any of the Developer Fee included in the Project's budget. Deferred Developer Fee Under the TCAC regulations, the proposed Project can include a Developer Fee of up to $2.0 million in the Project's budget. However, for 9% Tax Credit projects, TCAC only allows up to $1.40 million of the Developer Fee to be included in the Project's eligible Tax Credit basis. As such, any amount of Developer Fee above $1.40 million does not generate Tax Credit equity for the Project, and unless this portion of the Developer Fee is deferred, it directly adds to the Project's financial gap. Given the Developer's request for additional financial assistance from the City, KMA recommends that the $600,000 of the total $2.0 million Developer Fee (the amount above $1.40 million) be deferred and repaid out of the Project's cash flow, or be given up by the Developer. This requirement would decrease the unfunded financial gap to approximately $2.90 million, which is approximately $600,000 less than the Developer's additional financial assistance request. It should be noted that the IRS requires the deferred Developer Fee to be repaid within 15 years. If the total deferred Developer Fee is not repaid within 15 years, there will be tax ramifications for the limited partnership that purchased the Tax Credits. KMA estimates that the Project's cash flow supports the repayment of approximately $188,000 during the first 15 years. Thus, the Developer may decide to do one of the following: 1. Set the Developer Fee at $2.0 million, and defer $600,000 of that Fee. In this case the Developer and limited partner would be taking the risk that the full amount of the deferral will not be able to be paid from the Project's cash flow within 15 years. That will trigger tax consequences unless the Tax Credit investor and/or the Developer step in to fund the shortfall. 1703001:SNA:TRB 19090.014.007 80A-32 Judson Brown, City of Santa Ana March 1, 2017 Santa Ana Arts Collective: Financial Gap Analysis Page 15 2. Set the total Developer Fee at $1,588,000, and defer $188,000 of this amount. In this case, it is projected that sufficient cash flow will be generated within 15 years to repay the entire deferred amount. CONCLUSIONS The following summarizes the conclusions KMA has derived from the preceding analysis: 1. KMA recommends that the City require the Developer to pursue additional financing from the outside funding sources prior to approving the Developer's additional financial assistance request. The two options identified are: a. Pursue TCAC's 9%/4% Hybrid Structure; and b. Pursue utilizing the AHSC 4% Tax Credit Loan Limits instead of the lower AHSC 9% Tax Credit Loan Limits. 2. If the Developer is unable to obtain additional outside funding, KMA estimates the Project's unfunded financial gap as follows: a. KMA recommends that the City require the Developer to defer or forgo $600,000 of the Developer Fee included in the Project's budget. This would decrease the warranted additional financial assistance to $2.90 million. b. If the City does not require the Developer to defer or forgo $600,000 of the total Developer Fee, the Developer's request for $3.49 million in additional financial assistance would be warranted by the Project economics. 3. The City should require the Developer to produce the following documents prior to the disbursement of any City funds: a. The Developer should be required to produce formal contractors' bids for the currently proposed scope of development. b. The Developer estimated that the Project could support a $2.09 million permanent loan. This is based on a 1.17 debt service coverage ratio and lower than typical projected increases in management fees and social services costs. The Developer should be required to provide evidence that $2.09 million in permanent loan funds have been committed to the Project. 1703001:SNA:TRB 19090.014.007 80A-33 TABLE I ESTIMATED DEVELOPMENT COSTS DEVELOPER PROPOSAL: $2.0 MILLION DEVELOPER FEE WITH NO DEFERRAL SANTA ANA ARTS COLLECTIVE SANTA ANA, CALIFORNIA I. Property Assemblage Costs Property Acquisition Costs i 43,560 Sf Land $165 /Sf Land $7,200,000 Relocation Costs 2 1,610,000 Closing Costs 0.4% Purchase Price 30,000 Total Property Assemblage Costs $8,840,000 II. Direct Costs 6 AHSC Infrastructure Costs $1,288,000 Off-site Improvements 1,126,000 On-site Improvements 43,560 Sf Land $0 /Sf Land 0 Residential Adaptive Reuse Costs 4 58 Units $207,100 /Unit 12,012,000 Furnishings, Fixtures & Equipment 275,000 Contractor Fees / General Requirements 10% Construction Costs 1,443,000 Construction Bonds 2% Construction Costs 289,000 Contingency Allowance 5% Other Direct Costs 822,000 Total Direct Costs 58 Units $297,500 /Unit 17,255,000 III. Indirect Costs Arch, Eng, Consulting & Construction Mgt 30% Direct Costs $1,726,000 Public Permits & Fees s 58 Units $24,080 /Unit 1,397,000 Taxes, Insurance, Legal & Accounting 3% Direct Costs 518,000 Marketing & Leasing 58 Units $1,034 /Unit 60,000 Developer Fee 6 9% Eligible Basis 2,000,000 Contingency Allowance 5% Other Indirect Costs 285,000 Total Indirect Costs $5,986,000 IV. Financing Costs Interest During Construction Predevelopment Loan 7 $617,000 Construction Loan a $21,128,000 Loan Amount 3.52% Interest 855,000 Financing Fees Construction Loan $21,128,000 Loan Amount 1.50 Points 317,000 Permanent Loan $2,100,000 Loan Amount 1.50 Points 32,000 Operating Reserve 3 Months Operating Expenses / Debt Service 146,000 TCAC Fees a 97,000 PA Total Financing Costs $2,064,000 r An appraisal prepared on August 21, 2015 by BC Valu estimates the fair market value of the property at $7,150,000. 1 Based on Developer estimate. A relocation plan was not provided for review. ' Estimates assume prevailing wage requirements will be imposed on the Project. ° Based on Developer estimate. A physical needs assessment or contractor's bid was not provided for review. ' Based on Developer estimate. The estimate should be verified by City staff. 6 This is the maximum amount allowed to be included in the Project by TCAC. ' Based on Developer estimate. s Includes debt on the 80% of the Tax Credit Equity which will not be funded during construction. Assumes an 18 -month construction period with a 60% average outstanding balance and a 3 -month absorption period with a 100% average outstanding balance. ' Includes a $2,000 application fee; $410/unit monitoring fee; and 4% of the gross Tax Credit proceeds for one year. Prepared by: Keyser Marston Associates, Inc. Filename: Meta _22617; PF_9%; trb 80A-34 TABLE 2 STABILIZED NET OPERATING INCOME DEVELOPER PROPOSAL: $2.0 MILLION DEVELOPER FEE WITH NO DEFERRAL SANTA ANA ARTS COLLECTIVE SANTA ANA. CALIFORNIA I. Gross Residential Income' Manager's Unit 1 Unit $0 /Unit/Month $0 Low HOME/AHSC/TC C1 30% Median 1 -Bedroom Units @ (550-Sf) 14 Units $506 /Unit/Month 85,000 2 -Bedroom Units @ (871-Sf) 2 Units $606 /Unit/Month 14,500 3 -Bedroom Units @ (1,252-Sf) 4 Units $681 /Unit/Month 32,700 Low HOME/AHSC/TC @ 35% Median 1 -Bedroom Units @ (550-Sf) 6 Units $598 /Unit/Month 43,100 Low HOME/AHSC/TC @ 40% Median 1 -Bedroom Units @ (550-5f) 6 Units $689 /Unit/Month 49,600 High HOME/AHSC/TC @ 60% Median 2 -Bedroom Units @ (871-Sf) 12 Units $1,265 /Unit/Month 182,200 3 -Bedroom Units @ (1,252-Sf) 13 Units $1,442 /Unit/Month 225,000 Laundry/Miscellaneous Income 58 Units $10 /Unit/Month 7,000 Gross Base Income $639,100 (Less) Vacancy & Collection Allowance 5% Gross Base Income (32,000) Effective Gross Base Income $607,100 II. Operating Expenses General Operating Expenses 58 Units $5,990 /Unit $347,400 Property Taxes 58 Units $43 /Unit 2,500 Services 58 Units $690 /Unit 40,000 HCD Required Debt Service 0.42% AHSC Loan Amount 20,800 Replacement Reserve 58 Units $600 /Unit 34,800 Total Operating Expenses $445,500 III. 1 Net Operating Income $161,600 ' Based on Orange County Incomes distributed by HUD/HCD. As pertinent, the rents are based on those published in 2016 by TCAC, and the HOME Program. Utility Allowances per the Developer: $42 for 1-Bdrm units; $52 for 2-Bdrm units; and $79 for 3-Bdrm units. 3 Based on Developer estimate. Assumes that the Developer will receive the property tax abatement accorded to non-profit housing organizations that develop income -restricted apartments. Prepared by: Keyser Marston Associates. Inc. ^ O w ^ Filename: Meta_22517; PF 9%; trb a H-3 TABLE 3 FINANCIAL GAP CALCULATION DEVELOPER PROPOSAL: $2.0 MILLION DEVELOPER FEE WITH NO DEFERRAL SANTA ANA ARTS COLLECTIVE SANTA ANA, CALIFORNIA I. Available Fundine Sources Permanent Loan Net Operating Income r $161,600 NO[ (See Table 2) Income Available for Mortgage 1.17 DCR Interest Rate 5.65% Interest Rate Permanent Loan Tax Credit Equity z Gross Tax Credit Value $17,908,000 Syndication Rate $0.99 /Tax Credit Dollar Net Tax Credit Equity AHSC Affordable Housing Capital a AHSC STI a AHSC PRG s Deferred Developer Fee a City of Santa Ana Commitment Total Available Funding Sources II. Unfunded Financial Gap Calculation Total Available Funding Sources (Less) Total Development Costs $137,800 Debt Service 6.56% Mortgage Constant $2,100,000 $17,704,000 $4,944,000 $1,288,000 $23,000 $0 $4,635,000 $30,694,000 $30,694,000 (34,145,000) Unfunded Financial Gap $3,451,000 r Assumes a 35 -year amortization term. z Assumes an $15.9 million requested unadjusted eligible basis, which includes a $776,000 million voluntary basis reduction, a 130% difficult -to - develop premium, a 9.0% Tax Credit rate and an applicable fraction of 100%. a Based on Developer estimate. Prepared by: Keyser Marston Associates, Inc. Filename: Meta_22517; PF_9%;it 80A-36 EXHIBIT 5 CSG I advisors 1 Post Street, Suite 575 San Francisco, CA 94104 tel. 415.956.2454 Memorandum To: Judson Brown, City of Santa Ana From: John Hamilton, CSG Advisors Date: May9,2017 Re: Santa Ana Arts Collective Financial Feasibility Review SUMMARY Project Overview and the Proposed Project Meta Housing proposes to develop the Santa Ana Arts Collective (the "Project"), a 58 -unit adaptive reuse of a mid -rise building located in the City of Santa Ana (the "City"). The Project would target artists, and would be affordable to individuals and families earning from 30% AM[ to 60% AM]. The Proposed Financing The Developer proposes to finance the Project though funds committed through the California Housing and Community Development's (HCD) Affordable Housing and Sustainable Communities (AHSC) program, equity from the syndication of 9% federal Low Income Housing Tax Credits (LIHTC), and funds from the City of Santa Ana. The Project has received an allocation of 9% LIHTC from the California Tax Credit Allocation Committee (CTCAC) in the annual amount (for 10 yrs) of $1,790,841; a commitment of $4,635,000 from the City of Santa Ana; and $6,254,630 of funds from AHSC. The Developer has secured senior lender commitments from Wells Fargo (as construction lender) and CCRC (as permanent lender). Conclusion The Project, as analyzed using most recent CTCAC rents and certain budget modifications as proposed by CSG, demonstrates a financial shortfall of ($1,481,215). The City may choose to fill this financing deficit on behalf of the Developer, or require the Developer to pursue other sources. PROJECT FINANCIAL ANALYSIS Project Description Meta Housing (the "Developer"), an experienced developer of affordable housing, proposes an "adaptive reuse" of an existing mid -rise office building. The Project, the Santa Ana Arts Collective, is located at 1666 North Main Street, in Santa Ana. The Developer proposes to convert the building to 58 units (57 affordable units plus 1 unrestricted manager's unit). The Developer proposes to finance the Project with an allocation of 9% low-income housing tax credits (LIHTC), committed funds from the City, and committed funds from HCDs AHSC program. The Developer proposes to target artists as the building's primary residents. The Project would contain affordable units as indicated in Table 1, below. SAN FRANCISCO ATLANTA 80A-37OJS ANGELES NEW YORK Judson Brown, City of Santa Ana May 9, 2017 Santa Ana Arts Collective Financial Feasibility Pace 2 of 5 Table Restriction (AMI) 30% AM[ (/Low HOME*) 1: Proposed Units and Affordability 1 -Bedroom 2 -Bedroom 3 -Bedroom 5 2 4 Total 11 30%AMI 9 9 35%AMI 6 6 40%AMI 6 6 60% AM] 12 13 25 Manager's Unit 1 1 Total 26 15 17 58 These HOME units will be "floating" i.e., not assigned to specific units est for Funds In addition to the $4,635,000 funds already committed by the City, the Developer has requested additional City financing to eliminate an expected financing deficit. The Developer's budget indicates a financing deficit of approximately $3,500,000. Financial Plan Analysis We have focused our analysis on a review of the Project's sources and uses in the context of the Project's proposed 9% tax credit financing. Table 2, below, provides a consolidated form of the Developer's budget, and modifications proposed by CSG. In creating this analysis and variance, we have used the Developer's assumptions (except as noted) and modeled the Project using the CTCAC application form applicable to the existing credit reservation, updating where necessary (e.g., 2017 rents). Table 2: Variance Analysis of Developer's Budget USES Budoet Item Total Land CostNalue Developer $7,230,000 CSG $7,230,000 Variance Explanation of Variance $0 Total Acquisition Cost $2,413,522 $2,413,522 $0 Total New Construction Costs $13,236,620 $13,236,620 $0 Total Architectural Costs $830,000 $830,000 $0 Total Survey and Engineering $800,000 $800,000 $0 Total Construction Interest and Fees $1,467,534 $1,467,534 $0 Total Permanent Financing Costs $30,934 $37,095 $6,161 origination fee for higher loan amount Total Attorney Costs $205,001 $205,001 $0 Total Reserve Costs $140,564 $140,564 $0 Total Appraisal Costs $5,700_ $5,700 $0 Total Continaencv Cost $1,330.262 $1,330.262 $0 CSG Iadvisors SAN FRANCISCO VOAwNz LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 9, 2017 Santa Ana Arts Collective Financial Feasibility Page 3 of 5 Table 2: Variance Analysis of Developer's Budget (Cont.) Budget Item Developer CSG Variance Explanation of Variance Developer has provided documentation supporting $1,486,811 of Relocation costs, Deferred Developer Fee $3,491,484 $269,942 ($3,221,542) rather than the $1,610,00 included in the budget. We have therefore reduced the Total Other Costs488627 $0 JLaL5438 ($123,189) Relocation by the difference (i.e., $123,189) Subtotal Development Costs $32,178,764 $32,061,736 ($117,028) Federal Equity reflects $0.989 net pricing per Developer Overhead/Profit $2.000,000 $2.000.000 $0 developer Notal Project Cost $34,178,764 $34,061,736 _ ($234,055J�_�� SOURCES Increase loan amount assuming 2017 CTCAC rents and underwriting rate of 5.65% CCRC $2,093,389 $2,709,532 $616,143 (consistent with CCRC termsheet) Citv of Santa Ana $4.635.000 $4,635.000 $0 AHSC $22,500 $22,500 $0 AHSC $1,288,000 $1,288,000 $0 AHSC $4.944,130 $4.944.130 $0 4FI NAN C I N G GAP _ _ ($7)_� _ ($1,481,215) Discussion of Table 1 The "Uses" portion of Table 1 shows the Developer's budget, contrasted with necessary modifications proposed by CSG. • Total Permanent Financing Costs: The Developer's budget reflects origination fee of 1% (per CCRC term sheet) of a permanent loan amount of $2,093,389. We have adjusted the fee to reflect a loan amount of $2,709,532 (reflecting higher 2017 restricted rents as published by CTCAC). The loan amount reflects: ➢ Effective Gross Rents $653,243 (per Developer unit mix, 2017 CTCAC rents, and 5% vacancy) > Operatinq Expenses and Reserves ($424,875) Cash Flow Available to Support Debt CSG Iadvisors SAN FRANCISCO $0AW019, LOS ANGELES NEW YORK Correction of deferred fee to net present value of maximum 15 -year cash flow available after asset and partnership Deferred Developer Fee $3,491,484 $269,942 ($3,221,542) management fees. (Proposed) GP Contribution required to net GP Capital Contribution $0 $1,000,000 $1,000,000 $1 M Developer Fee Federal Equity reflects $0.989 net pricing per Federal Tax Credit Equity $17,704,254 $17,711,417 $7,163 - developer _Total Sources $34,178,757_ $32,580,522 ($1,364,180)_ 4FI NAN C I N G GAP _ _ ($7)_� _ ($1,481,215) Discussion of Table 1 The "Uses" portion of Table 1 shows the Developer's budget, contrasted with necessary modifications proposed by CSG. • Total Permanent Financing Costs: The Developer's budget reflects origination fee of 1% (per CCRC term sheet) of a permanent loan amount of $2,093,389. We have adjusted the fee to reflect a loan amount of $2,709,532 (reflecting higher 2017 restricted rents as published by CTCAC). The loan amount reflects: ➢ Effective Gross Rents $653,243 (per Developer unit mix, 2017 CTCAC rents, and 5% vacancy) > Operatinq Expenses and Reserves ($424,875) Cash Flow Available to Support Debt CSG Iadvisors SAN FRANCISCO $0AW019, LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 9, 2017 Santa Ana Arts Collective Financial Feasibility Page 4 of 5 ➢ Required MHP Debt Service 20765 ➢ Available to Support First Mortgage $177,815 ➢ Interest rate/Amortization Term 5.65%/35yrs Total Other Costs: The Developer's budget includes Relocation costs of $1,610,000. However, the Developer has provided supporting documentation for only $1,486,811. We have adjusted the cost to reflect the supporting documentation. The "Sources" portion of the table illustrates proposed corrections to certain of the sources. • CCRC: We have adjusted the CCRC permanent loan to reflect the most recently released 2107 restricted rents, as illustrated below Table 3: 2016 vs 2017 Restricted Rents • Deferred Developer Fee: The Developer budgets shows $3.4M of deferred developer fee. The Developer has indicated that this was intended to demonstrate the size of the financing deficit (the project only can earn, per CTCAC restrictions, a $2M developer fee). • General Partner (GP) Capital Contribution: CSG proposes that the Developer/GP contribute a portion of its Developer Fee to the partnership in the form of a GP capital contribution. This amount is subject to negotiation between the Developer and the City (and may be limited by tax concerns), but is suggested as tool to reduce the remaining financial deficit. Based on the project's cashflows, approximately $371,912 is available to repay of Developer Fee within 14 years. We have discounted the annual cashflows by 4% (i.e., a risk adjustment) in order to derive a net amount of fee to be deferred (i.e., $250,526). The suggested GP capital contribution, when subtracted from the total Developer Fee of $2,000,000, yields the total Developer fee to be paid in cash — to be allocated between the net present value of deferred fee paid over time and cash fee received during development and construction. The amount of suggested GP capital contribution, therefore, equals: ' HUD, 04/2016 2 California Tax Credit Allocation Committee, April 2016 3 California Tax Credit Allocation Committee, April 2017 CSG Iadvisors SAN FRANCISCO 80At-40 - LOS ANGELES NEW YORK 2016 Low Home Rent AMI (by bedroom 2016 CTCAC 2017 CTCAC Utility Bedroom Size Restriction onl t Rent= Rent' Allowance Net Rent 1 Bedroom 30% $553 $548 $587 $43 $544 1 Bedroom 35% NA $640 $685 $43 $642 _ 1 Bedroom 40% NA $731 $783 $43 $740 2 Bedrooms 30% $1,097 $658 $704 $49 $655 2 Bedrooms 60% NA $1,316 $1,408 $49 $1,359 3 Bedrooms 30% $1,267 $760 _ _ $813 $71 $742 3 Bedrooms 60% NA $1,520 $1,627 $71 $1,556 • Deferred Developer Fee: The Developer budgets shows $3.4M of deferred developer fee. The Developer has indicated that this was intended to demonstrate the size of the financing deficit (the project only can earn, per CTCAC restrictions, a $2M developer fee). • General Partner (GP) Capital Contribution: CSG proposes that the Developer/GP contribute a portion of its Developer Fee to the partnership in the form of a GP capital contribution. This amount is subject to negotiation between the Developer and the City (and may be limited by tax concerns), but is suggested as tool to reduce the remaining financial deficit. Based on the project's cashflows, approximately $371,912 is available to repay of Developer Fee within 14 years. We have discounted the annual cashflows by 4% (i.e., a risk adjustment) in order to derive a net amount of fee to be deferred (i.e., $250,526). The suggested GP capital contribution, when subtracted from the total Developer Fee of $2,000,000, yields the total Developer fee to be paid in cash — to be allocated between the net present value of deferred fee paid over time and cash fee received during development and construction. The amount of suggested GP capital contribution, therefore, equals: ' HUD, 04/2016 2 California Tax Credit Allocation Committee, April 2016 3 California Tax Credit Allocation Committee, April 2017 CSG Iadvisors SAN FRANCISCO 80At-40 - LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 9, 2017 Santa Ana Arts Collective Financial Feasibility Page 5 of 5 ➢ Total Develooer Fee ➢ Equals Fee to be Paid in Cash (both current and deferred) $1,000,000 ➢ Less ➢ Equals current Developer Fee (i.e., paid during development $749,474 process) The deferred Fee is calculated as the net present value (NPV) of the amounts available to pay deferred developer fee payments over 14 years, discounted at a 4% estimated cap rate for Class A multifamily properties in Santa Ana (Source: Marcus & Millichap Multifamily Research Market Report, Fourth Quarter 2016) Financing Deficit Based on the Sources and Uses as adjusted by CSG, the Project financing demonstrates a ($1,481,215) financing shortfall. The Developer must identify other financing sources — either the City or other sources, such as Federal Home Loan Bank's Affordable Housing Program (AHP) — to alleviate the financing shortfall. Operating Expenses and Operating Pro Forma The Developer proposes annual operating expenses per unit of approximately $6,725 per unit not including reserves, and approximately $7,325 per unit including reserves. CSG has not examined specific support for these estimates, but they appear reasonable based on our recent experience with other projects. The Developer's proposed operating pro forma uses standard underwriting requirements for tax -credit and bond financing projects: annual income inflation at 2.5% and annual expense inflation of 3.5%; vacancy of 5% annually. These underwriting assumptions along with calculated debt service on the CCRC senior permanent mortgages results in an initial year debt service coverage (DCR) of 1.15, with increasing DCR each year there after. The Developer's proposed operating pro forma indicates a healthy project from an operational perspective. CONCLUSION The Project, as analyzed using most recent CTCAC rents and certain budget modifications as proposed by CSG, demonstrates a financial shortfall of ($1,481,215). The City may choose to fill this financing deficit on behalf of the Developer, or require the Developer to pursue other sources. CSGIadvlsors SAN FRANCISCO $OATl 1 LOS ANGELES NEW YORK EXHIBIT 6 >0911 KEYSER MARSTON ASSOCIATES, ADVISORS IN PUBLIC/PRIVATE REAL ESTATE DEVELOPMENT MEMORANDUM ADVISORS IN: Real Estate To: Natalie Verlinich, Housing Programs Analyst Redevelopment Affordable Housing City of Santa Ana Economic Development SAN FRANCISCO From: Kathleen Head A. Jerry Keyser Subject: First Street Apartments: Financial Gap Analysis Timothy C. Kelly Tim Bretz Kate Earle Funk Debbie M. Kern Reed T. Kawahara Date: April 15, 2016 David Doezema At your request, Keyser Marston Associates, Inc. (KMA) prepared a financial gap analysis Los ANGELES Kathleen H. Head Subject: First Street Apartments: Financial Gap Analysis James A. Rabe Gregory D. Soo -Hoo Kevin E. Engstrom Julie L. Bonney At your request, Keyser Marston Associates, Inc. (KMA) prepared a financial gap analysis SAN DIEGO Paul C. Marra for the First Street Apartments project being proposed by AMCAL Multi -Housing Inc. (Developer). The purpose of the KMA analysis is to quantify the amount of financial assistance necessary to provide the proposed affordable housing units. EXECUTIVE SUMMARY The Developer is proposing to develop the 2.15 -acre site located at 1440 East First Street (Site) with a 69 -unit apartment project (Project). Sixty-eight (68) of the units will be subject to long-term income and affordability covenants, and one unit will be provided to an on-site manager. Estimated Financial Gap KMA conducted an independent pro forma analysis of the Project. While the KMA analysis varied on a line -by- line item basis from the Developer's proposal, KMA's estimate of the Project's financial gap is approximately equal to the Developer's request for financial assistance. 500 SOUTH GRAND AVENUE, SUITE 1480: LOS ANGELES, CALIFORNIA 900711 PHONE 213.622.8095 W W W.KEYSERMARSTON.COM 80A-43 1604007:SA;TRB 19090.014.001 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 2 The following outlines the financial gap calculations derived from the KMA pro forma analysis: Total Development Cost $28,506,000 (Less ) Available Outside Funding Sources (19,711,000) Estimated Financial Gap $8,795,000 As shown in the preceding table, KMA estimates the financial gap at $8.79 million. This is $105,000 less than the Developer's request fro $8.9 million in financial assistance. This represents a 2% differential, which can be considered insignificant. As such, KMA concludes that the Developer's financial assistance request is necessary to provide the proposed affordable housing units. Available Funding Sources KMA estimates that $19.71 million in outside funding sources are available to the Project as follows: 1. The net operating income generated from the affordable rents supports approximately $7.02 million in permanent financing. 2. The revenue generated from the Project -Based Section 8 rental assistance vouchers (PBVs) provided by the Santa Ana Housing Authority (Housing Authority) supports approximately $1.46 million in permanent financing. The Developer anticipates receiving an allocation of 9% Federal Low Income Housing Tax Credits (Tax Credits) that are competitively awarded by the California Tax Credit Allocation Committee (TCAC). KMA estimates the net Tax Credit proceeds at $11.23 million. The Developer is requesting $8.9 million in financial assistance from the City for the Project. The Developer intends to utilize in -lieu fee funds generated by the Housing Opportunity Ordinance (HOO) as the funding source for this financial assistance request. -;TO) 1X41 MR] *Yy1]I:AI[a]►1 The proposed scope of development can be described as follows: 1604007:SA;TRB 19090.014.001 q41 1 I I l� Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 3 1. The Site is comprised of 2.15 acres, or 93,654 square feet of land area. 2. 3 4. a The Project's unit mix is as follows: Number of Unit Size Units SF Two -Bedroom Units 35 782 Three -Bedroom Units 28 1,031 Four -Bedroom Units 6 1,219 Total/ Weighted Average 69 921 The Project's gross building area (GBA) is estimated at 81,218 square feet, and is comprised of the following: a. The residential GBA is estimated at 63,549 square feet; and b. The circulation / common area GBA is estimated at 17,669 square feet. The Project includes 119 tuck -under parking spaces, which equates to approximately 1.7 parking spaces per unit. The Project's proposed affordability mix is as follows: Very -Low Inc H&SC / Tax Credit @ 30% TC Median 1 7 Very -Low Inc H&SC / Tax Credit @ 35% TC Median 7 Very -Low Inc H&SC / Tax Credit @ 40% TC Median 7 Very -Low Inc H&SC / Tax Credit @ 45% TC Median z 7 Low Inc H&SC /Tax Credit @ 50% TC Median 7 Moderate Inc H&SC / Tax Credit @ 60% TC Median 33 Unrestricted On -Site Manager's Unit 1 Total Units 69 1 H&SC = the California Health and Safety Code, and the "Median' represents the Orange County Median Income published by HCD. The median income published byTCAC is referred to as the TC Median. z The Developer's rent for 2 -Bedroom units at 45% of the TC Median is higher than the H&SC Very -Low Income rent. The Developer's pro forma should be updated to reflect the H&SC very -low income rent. 1604007:SA;TRB 19090.014.001 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 4 FINANCIAL GAP ANALYSIS KMA prepared a pro forma analysis to assist in evaluating the Developer's proposal. The analysis is located at the end of this memorandum, and is organized as follows: Table 1: Estimated Development Costs Table 2: Stabilized Net Operating Income Table 3: Financial Gap Calculation Estimated Development Costs (Table 1) KMA reviewed the Developer's development cost estimates, and then independently prepared a pro forma analysis for the Project. The resulting development costs are estimated as follows: Property Assemblage Costs The total property assemblage costs are estimated at $5.47 million, and they are comprised of the following components: 1. The proposed purchase price for the Site is $4.5 million, or $48 per square foot of land area. The Developer submitted an appraisal prepared by Lidgard and Associates, Inc. on January 20, 2015 to validate the purchase price. The appraisal estimated the market value of the Site at $4.55 million, which is approximately equal to the purchase price. 2. The Developer included a $942,000 allowance for relocation expenses. A relocation plan prepared by Overland, Pacific & Cutler, Inc. on December 18, 2015 estimates the relocation costs at $865,000. The additional $77,000 in costs are assumed to represent the estimated costs to implement the relocation plan. 3. The Developer included $25,000 in closing costs. 1604007:SA;TRB 19090.014.001 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 5 Direct Costs The direct cost estimates assume that the Project will not be subject to State of California or Federal Davis Bacon prevailing wage requirements. The direct costs applied in this analysis are estimated at $14.38 million, and can be summarized as follows: 1. A $550,000 allowance for remedial work and demolition costs is provided. 2. The Developer estimated the off-site improvement costs at $319,000. City staff should verify the scope and cost of the off-site improvements required to serve the Project. 3. The on-site improvement costs are estimated at $17 per square foot of land area, or $1.63 million. 4. The residential shell costs are estimated at $115 per square foot of residential GBA, or $9.34 million. 5. A $76,000 allowance for furnishings, fixtures and equipment is provided. 6. A 14% allowance for contractor fees and general requirements is provided. 7. An allowance for construction bonds / general liability insurance at 2% of construction costs is provided. 8. A direct cost contingency allowance equal to 5% of other direct costs is provided. Indirect Costs KMA estimated the indirect costs at approximately $6.5 million, based on the following assumptions: 1. The architecture, engineering and consulting costs are estimated at 10% of direct costs. 2. The Developer estimated the public permits and fees costs at $2.2 million, or $31,900 per unit. City staff should verify the accuracy of this estimate. 1604007:SA;TRB 19090.014.001 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 6 3. The taxes, insurance, legal and accounting costs are estimated at 3% of direct costs. 4. A $1,700 per unit allowance for marketing and leasing costs is provided. 5. The Developer Fee is set at $2.0 million, which is the maximum amount allowed for the Project by TCAC. 6. An indirect cost contingency allowance equal to 5% of other indirect costs is provided. Financing Costs KMA estimated the Project's financing costs at $2.17 million. The financing cost assumptions are as follows: 1. The Developer purchased the property in part with a $3.74 million loan from the Low Income Investment Fund (LIIF). The estimated loan term is 30 months, and the loan carries a 4.70% interest rate. The interest costs are estimated at $440,000. 2. The Developer provided a $1.15 million loan to the Project to fund acquisition and predevelopment expenses. The estimated loan term is 30 months at a stated interest rate of 10%. However, KMA contends that the interest rate on a loan provided by a party related to the Project should be in line with the interest charged on similar loans. In this case, the Developer obtained a predevelopment loan with an interest rate of 5.25%. KMA applied this same interest rate to the Developer's $1.15 million acquisition and predevelopment loan. The interest costs are estimated at $151,000. 3. The Developer obtained a $2.21 million predevelopment loan with a 30 -month loan term and a 5.25910 interest rate. The interest costs are estimated at $290,000. 4. The interest costs on the approximately $17 million construction loan are estimated at $446,000. These costs are based on the following assumptions: 1604007:SA;TRB 19090.014.001 LO ' � 4 4 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 7 a. The interest costs incurred during the construction period are estimated based on a 2.5% interest rate, a 16 -month construction period, and a 60% average outstanding loan balance. b. The absorption period interest costs are based on a three-month absorption period and a 100% average outstanding loan balance. The financing fees are estimated at $547,000, and are based on 1.0 point for the LIIF acquisition loan, and 2.0 points for the construction and permanent loans. 6. A $221,000 capitalized operating reserve account is provided. This equates to approximately three months of operating expenses and debt service payments on the permanent loans supported by the Project's base income and PBV income. 7. The Tax Credit fees are estimated at $71,000 based on the following: a. A $2,000 application fee; b. A $410 per unit monitoring fee; and C. Four percent (4%) of gross Tax Credit proceeds for one year. Total Development Costs As shown in Table 1, the total development costs at $28.51 million, which equates to approximately $413,100 per unit. Stabilized Net Operating Income (Table 2) The Project's funding sources include City HOO in -lieu fees, Tax Credits, and PBVs. The Project's income and affordability standards must comport with the most stringent of the following standards: 1. Income Restrictions: The tenants' household incomes cannot exceed the strictest of: 1604007:SA;TRB 19090.014.001 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 8 a. H&SC Section 50105 for very -low income households, 50079.5 for low income households and Section 50093 for moderate income households; and b. Federal Low Income Housing Tax Credits income restrictions defined under United States Code, Title 26, Section 142(d)(2)(B). 2. Affordability Restrictions: Rents applied to all of the units must reflect the most stringent of: a. H&SC very -low, low and moderate income rents based on the calculation methodology defined in Section 50053; and b. Tax Credit rents published annually by TCAC. Achievable Rent Income The rents used in this analysis are based on 2016 information published by TCAC, and 2015 information published by HCD.3 The maximum allowable rents, net of the appropriate utility allowances, are estimated as follows:° Rent Restriction H&SC Rents TCAC Rents Applicable Rents Two -Bedroom Units VL Inc H&SC /TC @ 30%TC Median $902 $579 $579 VL Inc H&SC/TC @ 35% TC Median $902 $689 $689 VL Inc H&SC/TC @ 40% TC Median $902 $799 $799 VL Inc H&SC /TC @ 45% TC Median $902 $908 $902 Low Inc H&SC / TC @ 50% TC Median $1,099 $1,018 $1,018 Mod Inc H&SC/TC @ 60% TC Median $2,080 $1,238 $1,238 3 As of April 15, 2016, HCD has not yet published the 2016 household income information required to calculate the affordable rents under H&SC Section 50053. 4 The monthly utility allowances are estimated at: $79 for two-bedroom units; $115 for three-bedroom units; and $128 for four-bedroom units. 1604007:SA;TRB 19090.014.001 FO Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 9 H&SC Rent Restriction Rents TCAC Rents Applicable Rents Three -Bedroom Units Rents Rents VL Inc H&SC/TC @ 30%TC Median $975 $645 $645 VL Inc H&SC / TC @ 35% TC Median $975 $772 $772 Mod Inc H&SC / TC @ 60% TC Median $2,283 $1,406 $1,406 H&SC TCAC Applicable Rents Rents Rents Rent Restriction Four -Bedroom Units VL Inc H&SC /TC @ 30%TC Median $1,050 $720 $720 Mod Inc H&SC / TC @ 60% TC Median $2,463 $1,568 $1,568 The Developer is proposing that the Housing Authority provide eight PBVs to the Project. The PBV payments are equal to the difference between the tenants' rent payments and the fair market rents (FMRs) approved by the Housing Authority. The 2016 FMRs for the Project are as follows: Two -Bedroom Units $1,543 Three -Bedroom Units $2,160 The PBVs are proposed to be applied as follows: 1. Three 2 -bedroom units at 30% of the TC Median; 2. Three 3 -bedroom units at 30% of the TC Median; 3. One 2 -bedroom unit at 35% of the TC Median; and 4. One 3 -bedroom unit at 35% of the TC Median. The PBV assistance is estimated at $106,900 per year. 1604007:SA;TRB 19090.014.001 80A-51 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 10 Estimated Effective Gross Income KMA estimates the Project's effective gross income at approximately $962,100 based on the following assumptions: 1. The base rental income is estimated at $898,300. 2. The PBV income is estimated at $106,900. 3. Laundry and miscellaneous income is estimated to average $9 per unit per month for a total of $7,500 per year. 4. A vacancy and collection allowance equal to 5% of gross income is provided. This equates to $50,600. Estimated Operating Expenses The residential operating expenses are estimated at $371,700 based on the following assumptions: 1. The general operating expenses are estimated at $4,790 per unit per year. 2. KMA assumes the Developer will apply for the property tax abatement that is accorded to non-profit housing organizations that own and operate apartment units that are restricted to households earning less than 80% of the Median. The Developer estimates that the Project will incur $2,500 per year in property tax assessment override costs. 3. The Developer is proposing to provide social services at an estimated cost of $18,000 per year. 4. Annual deposits to a capital replacement reserve account are estimated at $300 per unit per year. This exceeds the minimum amount required by TCAC. Stabilized Net Operating Income The Project's effective gross income is estimated at $962,100, and the operating expenses are estimated at $371,700. This results in an estimated stabilized net operating income of $590,400. 1604007:SA;TRB 19090.014.001 80A-52 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 11 Financial Gap Calculation (Table 3) Available Funding Sources The outside funding sources anticipated to be received by the Project are estimated at $19.71 million. These funding sources can be described as follows: Permanent Loan — Base Net Operating Income To estimate the maximum permanent loan that can be supported by the Project's base income, KMA assumed that the loan would be underwritten at a 115% debt service coverage ratio, a 5.0% interest rate, and a 35 -year amortization period. Based on these assumptions, KMA estimates that the $488,800 in Base Net Operating Income can support a $7.02 million permanent loan. Permanent Loan — PBV Subsidy To estimate the maximum permanent loan that can be supported by the eight PBVs, KMA assumed that the loan would be underwritten at a 115% debt service coverage ratio, a 5.0% interest rate, and a 35 -year amortization period. Based on these assumptions, KMA estimates that the $101,600 in PBV income can support a $1.46 million permanent loan. Tax Credit Proceeds Tax Credit Basis It can be assumed that the Project's eligible Tax Credit basis is equal to the lesser of the depreciable costs for the 69 Tax Credit units, or the basis limits established by TCAC. KMA calculated the eligible Tax Credit basis as follows: 1. The Project's depreciable costs are estimated at $20.39 million, and the threshold basis limits applied by TCAC equal $17.67 million. 2. The threshold basis limit is less than the depreciable costs. As such, the Project's eligible basis is set at $17.67 million. 1604007:SA;TRB 19090.014.001 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 12 3. The Developer targeted a 46% tiebreaker score for the competitive TCAC application process. To obtain this tiebreaker score it is necessary to reduce the Project's requested eligible Tax Credit basis to $8.65 million. Tax Credit Proceeds KMA estimates the net Tax Credit proceeds at $11.23 million based on the following assumptions: 1. KMA calculated the gross Tax Credit amount for the Project at $10.12 million based on the following assumptions: a. The Project is located in a designated "Difficult to Develop" census tract. This allows the requested eligible Tax Credit basis to be increased by 30%. The current Tax Credit regulations set the annual Tax Credit rate at 9.0%. This rate is applied over the 10 -year Tax Credit period. C. 100% of the Project's building area is located in units that qualify for Tax Credits. 2. The net syndication value supported by the Tax Credit is ultimately determined based on competitive market conditions and on the timing of the disbursements. Based on currently available information, KMA and the Developer estimated the proceeds at $1.11 per gross Tax Credit dollar. Estimated Financial Gap Based on the assumptions outlined in this analysis, KMA estimates the Project's financial gap as follows: Total Development Costs $28,506,000 (Less) Total Available Outside Funding Sources (19,711,000) Financial Gap $8,795,000 Per Unit $127,500 1604007:SA;TRB 19090.014.001 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 13 The Developer is requesting $8.9 million in financial assistance from the City, which is $105,000 higher than the financial gap identified in the KMA financial analysis. This less than 2% differential can be considered inconsequential. As such, KMA concludes that the Developer's request for $8.9 million in financial assistance is warranted by the Project economics. ADDITIONAL FINANCIAL CONSIDERATIONS Tax Credit Consideration Approximately 40% of the Project's funding is anticipated to be derived from the receipt of competitively awarded 9% Tax Credits. While the Project is structured to achieve the maximum available points in the competitive process, the Tax Credit Program is consistently oversubscribed. As a result, TCAC created an allocation process that distributes Tax Credits on a geographical basis, and applies a tie-breaker formula in each region. The tie-breaker calculation is weighted heavily towards the amount of outside financial assistance as a function of the project's development costs. The Orange County region receives funding for one or two projects in each Tax Credit allocation round. Historically, there have not been sufficient Tax Credit dollars to fund all the projects submitted, and thus the tie-breaker formula comes into play. As currently structured, the Project generates a tie-breaker score of 46%. This score falls within the range of the tie-breaker scores that have received Tax Credit awards in the Orange County region during recent Tax Credit allocation rounds. However, the tie- breaker scores have been volatile in Orange County, so it uncertain what tie-breaker score will win in any Tax Credit allocation round. Developer Fee UnderTCAC regulations, the proposed Project qualifies for a Developer Fee of up to $2.0 million. However, it is important to note that only $1.4 million of the Developer Fee can be included in the Project's eligible Tax Credit basis. In some cases, it would be financially prudent to require the Developer to defer payment of $600,000 of the Developer Fee, and to recoup those funds from the cash flow generated by the Project over time. To test this concept, KMA prepared pro forma analyses for the Project with and without the requirement that $600,000 of the Developer Fee be deferred. The results of this comparative analysis indicate that given tiebreaker considerations 1604007:SA,TRB 19090.014.001 80A-55 Natalie Verlinich, City of Santa Ana April 15, 2016 First Street Apartments: Financial Gap Analysis Page 14 associated with the competitively awarded 9% Tax Credits, the financial gap is approximately equal under both scenarios. As such, it is KMA's recommendation that no Developer Fee deferral be required. CONCLUSION Based on the results of the preceding analysis, the Developer's request for $8.9 million in direct financial assistance from the City is warranted by the Project economics. 1604007:SA,TRB 19090.014.001 TABLE 1 ESTIMATED DEVELOPMENT COSTS FIRST STREET APARTMENTS SANTA ANA, CALIFORNIA 1. Property Assemblage Costs Property Acquisition Costs 1 93,654 Sf Land $48 /Sf Land $4,500,000 Relocation Costs r 942,000 Closing Costs 3 0.6% Purchase Price 25,000 Total Property Assemblage Costs $5,467,000 II. Direct Costs 4 Remedial Work/Demolition 3 $550,000 Off-site Improvements 319,000 On-site Improvements 93,654 Sf Land $17 /Sf Land 1,628,000 Residential Shell Costs 81,218 Sf GBA $115 /Sf GBA 9,340,000 Furnishings, Fixtures & Equipment 76,000 Contractor Fees / General Rqts 14% Construction Costs 1,580,000 Construction Bonds 2% Construction Costs 226,000 Contingency Allowance 5% Other Direct Costs 658,000 Total Direct Costs 81,218 Sf GBA $177 /Sf GBA $14,377,000 III. Indirect Costs Architecture, Engineering & Consulting 10% Direct Costs $1,438,000 Public Permits & Fees 9 69 Units $31,900 /Unit 2,201,000 Taxes, Insurance, Legal & Accounting 3% Direct Costs 431,000 Marketing & Leasing 69 Units $1,700 /Unit 117,000 Developer Fee 6 11% Eligible Basis 2,000,000 Contingency Allowance 5% Other Indirect Costs 309,000 Total Indirect Costs $6,496,000 IV. Financing Costs Interest During Construction Acquisition Loan Rl $3,743,000 Loan Amount 4.70% Interest $440,000 Acquisition Loan N2 7 $1,151,000 Loan Amount 5.25% Interest 151,000 Predevelopment Loan $2,209,000 Loan Amount 5.25% Interest 290,000 Construction Loan 9 $16,992,000 Loan Amount 2.50% Interest 446,000 Financing Fees Acquisition Loan N1 $3,743,000 Loan Amount 1.00 Points 37,000 Construction Loan $16,992,000 Loan Amount 2.00 Points 340,000 Permanent Loan $8,477,000 Loan Amount 2.00 Points 170,000 Operating Reserve 3 Months Operating Exp / Debt Svc 221,000 TCAC Fees 9 71,000 Total Financing Costs $2,166,000 V. JTotal Development Costs 69 Units $413,100 /Unit $28,506,000 3 Based on Developer estimate and supported by an appraisal prepared by Lidgard and Associates, Inc. on January 20, 2015. ' Based on Developer estimate. Overland, Pacific & Culter, Inc. prepared a relocation plan on December 18, 2015, and estimated the relocation expenses at $865,000. The $77,000 in additional costs are assumed to be the estimated costs to implement the relocation plan. 3 Based on Developer estimate. 4 Estimates assume prevailing wage requirements will not be imposed on the Project. 5 Based on Developer estimate. The estimate should be verified by City staff. 6 This represents the maximum amount allowed by TCAC to be Included in the Project's total development costs. 7 The Developer provided an acquisition loan to the Project with a 10% interest rate. KMA contends that the maximum interest rate that should be charged on this loan is 5.25% which is equal the interest rate on the predevelopment loan. a Includes debt on the 80% of the Tax Credit Equity that will not be funded during construction. Assumes a 16 -month construction period with a 60% average outstanding balance and a 3 -month absorption period with a 100% average outstanding balance. 9 Includes a $2,000 application fee; $410/unit monitoring fee; and 4% of the gross Tax Credit proceeds for one year. Prepared by: Keyser Marston Associates, Inc. Filename: AMCAL 41516;PF_9%;trb 80A-57 TABLE 2 STABILIZED NET OPERATING INCOME FIRST STREET APARTMENTS SANTA ANA, CALIFORNIA I. Income Manager's Unit 2 -Bedroom Units Cal (782-5 t 1 Unit $0 /Unit/Month $0 VL Inc H&SC/TC @ 30% TC Median 3 Units $579 /Unit/Month 20,800 VL Inc H&SC/TC @ 35% TC Median 6 Units $689 /Unit/Month 49,600 VL Inc H&SC/TC @ 40% TC Median 7 Units $799 /Unit/Month 67,100 VL Inc H&SC/TC @ 45% TC Median 7 Units $902 /Unit/Month 75,800 Low Inc H&SC/TC @ 50% TC Median 7 Units $1,018 /Unit/Month 85,500 Mod Inc H&SC/TC @ 60% TC Median 4 Units $1,238 /Unit/Month 59,400 3 -Bedroom Units @ (1,031-Sf) VL Inc H&SC/TC @ 30% TC Median 3 Units $645 /Unit/Month 23,200 VL Inc H&SC/TC @ 35% TC Median 1 Unit $772 /Unit/Month 9,300 Mod Inc H&SC/TC @ 60% TC Median 24 Units $1,406 /Unit/Month 404,900 4 -Bedroom Units Cd (1.219-Sf) VL Inc H&SC/TC @ 30% TC Median 1 Unit $720 /Unit/Month 8,600 Mod Inc H&SC/TC @ 60% TC Median 5 Units $1,568 /Unit/Month 94,100 PBV Subsidy z VL Inc H&SC/TC Cal 30% TC Median 2 -Bedroom Units @ (782-5f) 3 Units $885 /Unit/Month 31,900 3 -Bedroom Units @ (1,031-Sf) 3 Units $1,400 /Unit/Month 50,400 VL Inc H&SC/TC @ 35% TC Median 2 -Bedroom Units @ (782-Sf) 1 Unit $775 /Unit/Month 9,300 3 -Bedroom Units @ (1,031-5f) 1 Unit $1,273 /Unit/Month 15,300 Laundry/Miscellaneous Income 69 Units $9 /Unit/Month 7,500 Gross Income $1,012,700 (Less) Vacancy & Collection Allowance 5% Gross Base Income (50,600) Effective Gross Income $962,100 IL Operating Expenses General Operating Expenses 69 Units $4,790 /Unit $330,500 Property Taxes ' 69 Units $36 /Unit 2,500 Services 69 Units $261 /Unit 18,000 Replacement Reserve 69 Units $300 /Unit 20,700 Total Operating Expenses 69 Units $5,400 /Unit $371,700 III. IStabilized Net Operating Income $590,400 As pertinent, rents are based on the 2016 rents published by TCAC, and the rents calculated under H&SC Section 50053. The H&SC Section 50053 rents are calculated based on 2015 income information published by HCD. Utility Allowances per the Developer: $79 for 2-Bdrm units; $115 for 3- Bdrm units; and $128 for 4-Bdrm units. z The Section 8 subsidy is equal to the difference between the Fair Market Rent (FMR) established by HUD and the rent paid by the tenant. 3 Based on Developer estimate. Assumes that the Developer will receive the property tax abatement accorded to non-profit housing organizations that own and operate apartment units that are restricted to households earning less than 80% of the County median income. Prepared by: Keyser Marston Associates, Inc. A A File name: AMCAL_41516; PF 9%; trb 80A-58 TABLE 3 FINANCIAL GAP CALCULATION FIRST STREET APARTMENTS SANTA ANA, CALIFORNIA I. Available Funding Sources Permanent Loan - Base Income Net Operating Income Income Available for Mortgage Interest Rate Permanent Loan - Base Income Permanent Loan - PBV Subsidy Net Operating Income Income Available for Mortgage Interest Rate Permanent Loan - PBV Subsidy Tax Credit Epuity Gross Tax Credit Value Syndication Rate Net Tax Credit Equity Deferred Developer Fee Total Available Funding Sources II. Financial Gap Calculation Total Available Funding Sources (Less) Total Development Costs $488,845 NO1 (See Table 2) 1.15 DCR $425,100 Debt Service 5.00% Interest Rate 6.06% Mortgage Constant $7,019,000 $101,555 EGI 1.15 DCR $88,309 Debt Service 5.00% Interest Rate 6.06% Mortgage Constant $10,121,000 $1.11 /Tax Credit Dollar $1,458,000 $11,234,000 $0 $19,711,000 (28,506,000) $19,711,000 Financial Gap Calculation 69 Units $127,500 /Unit $8,795,000 III. Estimated Tie -Breaker Score 46% r Assumes a 35 -year amortization term. z Assumes a 35 -year amortization term. 3 Assumes an $8.7 million requested unadjusted eligible basis, which includes a $9,017,000 voluntary basis reduction, a 130% difficult -to -develop premium, a 9.0% Tax Credit rate and an applicable fraction of 100%. Prepared by: Keyser Marston Associates, Inc. 8UA-59 File name: AMCAL_41516; PF 9%; trb ,:1 N .1 EXHIBIT 7 CSG I advisors 1 Post Street, Suite 575 San Francisco, CA 94104 tel. 415.956.2454 Memorandum To: Judson Brown, City of Santa Ana From: John Hamilton, CSG Advisors Date: May 12, 2017 Re: First Street Apartments Financial Feasibility Review SUMMARY Project Overview and the Proposed Project AMCAL Enterprises (the "Developer") to develop the First Street Apartments (the "Project"), a 69 -unit new construction family housing project located in the City of Santa Ana (the "City"). The Project would target families and would be affordable to individuals and families earning from 30% AMI to 60%AMI. The Proposed Financing The Developer proposes to finance the Project though private senior first mortgage loans, subordinate financing from the City of Santa Ana, and equity from the syndication of 9% federal Low Income Housing Tax Credits (LIHTC). The Developer proposes to submit an application for an allocation of Low Income Housing Tax Credits to the 2017 second application round of the California Tax Credit Allocation Committee (CTCAC). The Developer has tentative secured senior construction and permanent loan commitment from JPMorgan CHASE Bank Conclusion The Project will be competing for 9% Low Income Housing Tax Credits. Absent the CTCAC particular tie breaker - and maximum deferred developer fee -the project would not require funds from the City. However, the nature of the CTCAC competition requires committed public funds in order to be successful. The City must decide the level of tie-breaker it wishes to target in combination with the amount of City funds necessary to achieve that target. PROJECT FINANCIAL ANALYSIS Project Description AMCAL Enterprises (the "Developer"), an experienced developer of affordable housing, proposes to develop a 69 -unit affordable housing development, for families, to be located at 1440 East First Street, in the City of Santa Ana. The Developer has already purchased the site from an un -related party, Grand Frontier Investments, LLC. The Developer proposes to construct 7 buildings: 6 buildings would house 68 affordable units and one manager's unit; 1 building would be a non-residential community building. The Developer proposes to finance the Project with an allocation of 9% low-income housing tax credits (LIHTC), committed funds from the City, and senior first mortgage financing for JPMorgan CHASE or another lender. SAN FRANCISCO ATLANTA 80" -6'' S ANGELES NEW YORK Judson Brown, City of Santa Ana May 12, 2017 First Street Apartments Financial Feasibility Pace 2 of 7 Eight units will be the recipients of a project -based Section 8 contract awarded through the City of Santa Ana. The Project would contain affordable units as indicated in Table 1, below. Table 1: Proposed Units and Affordability Restriction (AMI) 2 -Bedroom 3 -Bedroom 4 -Bedroom Total 30%AMI 29* 4* 1 34 500/.AMI 4 17 21 60%AMI 1 7 5 13 Manager's Unit Total 35 28 6 69 * four 2-bdm 30%AMI unis and 4 3-bdm 30% AMI units will be subject to a Section 8 HAP contract. Table 2: Units Rents Bedroom Size AMI Restriction 2017 CTCAC Rent Utility Allowance Net Rent Section 8 Contract Rent 2 Bedrooms 30% $704 $55 $649 $1,685 2 Bedrooms 50% $1,173 $55 $1,118 2 Bedrooms 60% $1,408 $55 $1,353 3 Bedrooms 30% $813 $63 $750 $2,367 3 Bedrooms 50% $1,356 $63 $1,293 3 Bedrooms 60% $1,627 $63 $1,564 _ 4 Bedrooms 30% $907 $71 $836 4 Bedrooms 60% $1,815 $71 $1,744 Request for Funds On January 18, 2017, the City notified the Developer that the City had provided a "pre -commitment" for a subordinate loan in the amount $2,600,000. The City's obligation to fund the loan in respect of its pre - commitment is subject to certain conditions, including receipt by the City of a certain In -Lieu Fee payment necessary to fund the loan. The City, through the Housing Authority of the City of Santa Ana, acting as successor agency to the Redevelopment Agency of the City of Santa Ana, has also provided a pre -commitment for a subordinate loan up to the amount of $6,195,000 Financial Plan Analysis We have focused our analysis on a review of the Project's sources and uses in the context of the Project's proposed 9% tax credit financing. In most cases, subordinate financing from public agencies finances the "affordability gap" i.e., the financial gap resulting from the addition of affordable units. In the case of First Street Apartments, the subordinate financing, arguably, is not necessary to close an affordability gap but, rather, it is necessary to finance the financial gap necessitated by the completion for 9% tax credits. CSGIadvisorS SAN FRANCISCO 80AA662 • LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 12, 2017 First Street Apartments Financial Feasibility Page 3 of 7 Understanding this clearly should assist the City in understanding the ultimate purpose of its funds and therefore, the amount it is willing to provide in order to achieve the desired outcome. (In order to cause a winner among perfectly scoring projects, CTCAC institutes a "tie-breaker" that largely relies on public subsidy to determine winners. Le., the more public subsidy, the more likely a project to "win" the tie- breaker.) In order to achieve the foregoing, the analysis proceeds as follows • Side-by-side comparison of the Developer's sources and uses budget with a "Base Budget" constructed by CSG, with explanation of variances. • Building upon the CSG Base Budget, comparison of the Developer's sources and use budget with a CSG -constructed budget including deferred developer fee. Each of the above maintains the same tie-breaker score (44.7%) targeted by the Developer. We then provide three financing scenarios, starting from no City financing, and the resulting tie-breaker score, and two additional scenarios with increasing higher tie-breaker scores and the resulting City funds necessary to achieve them. Table 3, below, provides a consolidated form of the Developer's budget compared to the CSG "Base Budget" showing modifications proposed by CSG. In creating this analysis and variance, we have used the Developer's assumptions (except as noted) and modeled the Project using the CTCAC application form applicable to the upcoming application round. Table 3: Variance Analysis of Developer's Budget to CSG "Base Budget" USES Budget Item Total Land Cost Developer $4,894,375 CSG $4,894,375 Variance Explanation of Variance $0 Total Acquisition Cost $98,039 $98,039 $0 Predevelopment Interest/Holding Cost $826,991 $826,991 $0 See Discussion, below Site Remediation $175,000 $175,000 $0 Relocation Expenses $955,161 $955,161 $0 See Discussion, below Total New Construction Costs $13,683,815 $13,683,815 $0 See Discussion, below Total Architectural Costs Total Survey and Engineering $1,130,140 $1,130,140 $0 Construction Loan Interest $1,017,061 $675,955 ($341,106) See Discussion, below Construction Loan Origination Fee $193,857 $130,392 ($63,465) 0.75% commitment Fee per chase letter Other Construction Interest and Fees $0 Permanent Origination Fee $65,600 $0 ($65,600) No Commitment Fee per Chase letter Other Permanent Financing Costs $45,000 $45,000 $0 Total Attorney Costs $225,000 $225,000 $0 Total Reserve Costs $214,053 $214,053 ($0) Total Appraisal Costs $15,000 $15,000 $0 Total Contingency Costs $716,593Q /x$716,593 $0 CSG Iadvisors SAN FRANCISCO •$0/#7563 • LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 12, 2017 First Street Apartments Financial Feasibility Page 4 of 7 Total Other Costs $2,781,280 $2,781,280 $0 Subtotal Project Costs $27,999,913 $27,529,742 ($470,171) Developer Fee $2,199,087 $2,205,612 $6,525 Total Development Costs $30,199,000 $29,735,354 ($463,646) PERMANENT SOURCES JPMorgan Chase -Perm Loan $5,109,022 $5,413,350 $304,328 See Discussion, below JPMorgan Chase -Section 8 Loan $1,451,023 $1,537,459 $86,436 See Discussion, below Reduction to balance budget while maintaining same approximate CTCAC tie - City of Santa Ana -Inclusionary Funds $2,600,000 $2,327,740 ($272,260) breaker City of Santa Ana -Housing Funds $6,195,000 $6,195,000 $0 Deferred Developer Fee $0 $0 $0 Low Income Housing Tax Credit Reduced equity necessary for SURPLUS/ (DEFICIT) $0 $0 $0 Discussion of Table 3 The "Uses" portion of Table 3 shows the Developer's budget, contrasted with modifications proposed by CSG. • Predevelopment Interest/Holding Costs: The Developer's sources for acquiring the site include an unsecured note from a developer -related entity (AMCAL 1440 Santa Ana Fund) in the amount of $1,151,000 at an interest rate of 10%. The interest rate would appear high given the relationship of the parties: because the transaction is extant, the City may want to provide consideration of this cost in other aspects of the transaction. Total New Construction Costs. CSG has not received information from the developer concerning its estimates of construction costs. The Developer proposes to use a related entity, AMCAL General Contractors, to serve as the general contractor for the project. While such an arrangement may provide for cost savings, it also can result in abuses. The City may want to consider requiring competitive bidding not only for the sub -contractors, but also for the general contractor. Relocation Costs: The Developer has provided a relocation plan prepared by Overland, Pacific & Cutler indication total relocation costs of only $865,000. The City should require the Developer to provide justification for their budgeted amount. Construction Loan Interest. Per the Chase commitment letter, the base rate today would be 0.99% plus indicated spread of 2%. The total rate would be 2.99%. We have added 0.25% "cushion" to total 3.24% annual interest. Considering the Developer's construction loan amount of $17,385,665 and a total construction period (i.e., to conversion), the Developer's construction loan interest of $1,017,061 would represent an average outstanding balance of 90%, which is unlikely, given the other sources. A more typical underwriting would be 60% average outstanding balance. So underwritten, the outstanding construction interest is reduced to approximately $676,000. Origination Fee. The Chase commitment letter indicates a 0.75% construction loan origination fee. 0.75% of the construction loan amount equals the indicated origination fee. CSG Iadvisors SAN FRANCISCO 80A6o64 • LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 12, 2017 First Street Apartments Financial Feasibility Pace 5 of 7 • Permanent Origination Fee. The Chase commitment letter does not indicate a permanent origination fee. The "Sources" portion of the table illustrates proposed corrections to certain of the sources. • Chase: We have evaluated the interest rate and terms contained in the Chase commitment letter (also taking into account the Developer's indication that the California Community Reinvestment Corporation (CCRC) may provide the permanent loan) with recent proposals from CCRC as well as published rates from Citibank. Recent indications from CCRC have been in the 5.65% range (including for the Santa Ana Arts Collective). Citibank, in its "Citi Community Capital's Multifamily Housing Indicative Rates and Terms" publication (May 10, 2017) indicates, for a forward commitment loan for 9% LIHTC project (18yr term, 30-35yr amortization), all -in rates of 5.41% — 5.91%. We have, therefore lowered the underwriting rate from 6.5% to 6.0%. The calculation of the permanent loans is as indicated below: Tax Credit Rents Section 8 Increment Effective Gross Rents $806,573 per Developer units mix and 5% $120,977 and Reserves commitment letter) 1.15 $1 Cash Flow Available to Support Debt $370,369 $105.197 Interest rate/Amortization Term 6.0%/35yrs 6.0%/35yrs Loan Amount $5,413,350 $1,537,459 City of Santa Ana Inclusionary Funds and Low Income Housing Tax Credit Equity: these two entries are "toggles" to eliminate the financing gap and maintain the targeted CTCAC tie-breaker. CSG Base -Budget with Deferred Developer Fee. For this scenario, we have adjusted the sources of the CSG Base Budget to reflect the addition of deferred Developer Fee. The amount of deferred fee was calculated as the sum of all cashflows in years 1-12. The amount of City loan and Low Income Housing Tax Credit Equity were "toggles" to maintain the 44.7% tie-breaker target and eliminate financing deficits. A summary of the Scenario follows in Table 4 below. USES Table 4: CSG Base -Budget with Deferred Developer Fee Budaet Item Developer CSG Variance Explanation of Variance Total Development Costs $30,199,000 $29,735,354 ($463,646) PERMANENT SOURCES JPMorgan Chase -Perm Loan $5,109,022 $5,413,350 $304,328 Per above i JPMorgan Chase -Section 8 Loan $1,451,023 $1,537,459 $86,436 Per above Reduction to balance budget while maintaining same approximate CTCAC tie - City of Santa Ana -Inclusionary Funds $2,600,000 $1,986,876 ($613,124) breaker CSG Iadvisors SAN FRANCISCO-80A7S66 LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 12, 2017 First Street Apartments Financial Feasibility Pace 6 of 7 City of Santa Ana-Housinq Funds $6,195,000 $6,195,000 $0 Deferred Developer Fee $0 $1,284,518 $1,284,518 Max. deferred ® 12yrs cash flow. Low Income Housing Tax Credit Equity —_ $14,843,955__ $13,318,151 ($1,525,804) Reduced equity necessary for feasibility TOTAL SOURCES $30,199,000 $29,735,354 ($463,646) SURPLUS/ (DEFICIT) $0 _ $0 $0 Additional Tie -Breaker Scenarios The attached tables illustrate the detail of three additional tie-breaker scenarios. These scenarios allow the City to compare varying tie-breaker scores — and the amount of City subsidy necessary to achieve them — with the tie-breaker scores of recently successful CTCAC 9% projects. A summary of the scenarios follows below in Table 5 Table 5: Summary of Tie -Breaker Scenarios Tie Breaker Target 1 15.15% Scenario 2 37.6% 3 40.0% Total Development Costs $29,735,354 $29,735,354 $29,735,354 PERMANENT SOURCES 2015 2nd _ 46.298% JPMorgan Chase -Perm Loan $5,413,350 $5,413,350 $5,413,350 JPMorgan Chase -Section 8 Loan $1,537,459 $1,537,459 $1,537,459 City of Santa Ana -Inclusionary Funds $0 $20,447 $685,145 City of Santa Ana-Housinq Funds $0 $6,195,000 $6,195,000 _Deferred Developer Fee $1,284,518 __$1,284,518 $1,284,518 Low Income Housing Tax Credit Equity $21,500,027 $15,284,580 $14,619,882 L TOTAL SOURCES$29,735,354 $29,735,354__ $29,735,354 SURPLUS / (DEFICIT)_ _ $0 _ $0 $0 The above tie -breakers can be compared with the tie -breakers of recently successful projects (not including wait -list projects) in the Orange County geographic region Table 6: Tie -Breakers Scores of Recently Successful Orange County Region CTCAC 9% Projects Project Name Fullerton Family Housing Year 2016 Round 2nd Tie -Breaker 35.765% Oakcrest Height 2016 1st 27.669% Derian Apartments 2015 2nd _ 46.298% Depot at Santiago 2015 2nd _ 45.381% Lincoln Avenue Apts 2014 2nd 34.323% City Yard Workforce Housing 2014 1st 41.101% CSG Iadvisors SAN FRANCISCO 180AI-66 • LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 12, 2017 First Street Apartments Financial Feasibility Page 7 of 7 Financing Deficit As noted, absent the need achieve a successful tiebreaker score in the CTCAC completion for 9% credits, the Project would not exhibit a financing deficit. The City must decide, based on an expectation of the successful tie-breaker score, the amount of subsidy necessary to achieve that score. Operating Expenses and Operating Pro Forma The Developer proposes annual operating expenses per unit of approximately $4,920 per unit not including reserves, based on expenses of its recently completed projects in the region, e.g., Ocean Apartments in Huntington Beach. CSG has not examined specific support for these estimates; they seem on the lower end of the spectrum but not out of the question for an efficient manager. The Developer's proposed operating pro forma uses standard underwriting requirements for tax -credit and bond financing projects: annual income inflation at 2.5% and annual expense inflation of 3.5%; vacancy of 5% annually. These underwriting assumptions along with calculated debt service on the CCRC senior permanent mortgages results in an initial year debt service coverage (DCR) of 1.15, with increasing DCR each year there after. The Developer's proposed operating pro forma indicates a healthy project from an operational perspective. CONCLUSION The Project will be competing for 9% Low Income Housing Tax Credits. Absent the CTCAC particular tie- breaker — and maximum deferred developer fee -- the project would not require funds from the City. However, the nature of the CTCAC competition requires committed public funds in order to be successful. The City must decide the level of tie-breaker it wishes to target in combination with the amount of City funds necessary to achieve that target. CSG Iadvisors SAN FRANCISCO •80A"67 LOS ANGELES NEW YORK n m m O t O ti V1 A m N O o m O m m P ll m o n o .�I M m m m m o 0 0 o m N n m m LrL "t d ale mui mo olrio ri ui vi v„�o .+oi vi vi m m N m m ry n m P P N N .I m N o m NNNNN�NfjNNN NNNNNNhN m F N N N N N o mlm o� ry o m ry m M N e c mm.l o.+„o Omry mNo 0 om o NN n M m 0- m VI O O Ill o m rI Q mv.+o IV m ml viCl ti m m a ll oQnlc r.i vi mm o0 o .-I mml Cli P mH.+m m 1 n mom o mm m m m mm m P 1 lc to m 1 PPom In m fl o P Ip n PP o NN NN�ti N ° O W- 10 vl vl O O ti tll N Vf VI lf1 H H Ei m NNNeI NN VI ti n P m N nn iO P p `n v v O e c mm.l o.+„o Omry mNo 0 om o NN n M m 0- m VI O O Ill o m rI Q � Nm nO�o VI Q O rl a ll o N ti.+m ry N n Q m m Vl I(1 0 N M m N mom o mm m m m o 0 0 omry nlc m m 1 PPom In m fl o P Ip n PP o a N ° O W- 10 vl vl O O ti tll N Vf VI lf1 H H Ei m P m l0 V1 V1 Il'1 N O VI m N Iimry VI ti n P m N nn iO P p `n m mry nIn mry mnm mNN.lm Ip vl .+lp .+� a rv.Q+.mi-I .1p -lm n o NrvNNn1; In N m n frim PInN IN m n OJ P Vf m NI T o ami P mry o mm m f p N N N �y` N N N N N N n N O1 VI 10 rtil� m VI fl I'1 lO '1 T N f1 W ttl rl f -I C� 1p N rl N N N N N N N N N NI N N N N NNN NNIN N N N e1 NNN N N a NN ` N I iN N IN N m In m N v 0 L_J 80A-68 l n M m V1 m m m N O O m O m OJ Q q O Ill N N N Vl N N T m O O ll1 C � � m O m O N 1l1 m- T T O O O O VI N n b m m Q m O T O Q T O O O N - m - lG O O T LL 01 Gl N n N M N n P Q N W N O N N N n m N m n m 1 LO O Q VI' T O Q n n T m m ti ff O m N W '1 m l0 VI tD Q Q` NNN�N'jNNN N N NN NNhN O1 Il1 �N Cl O m O O� N VI VI P O N O rl 'I � ti NN C U N N N N N N VL N N N NI N N �N N N M P N N N NN""N N N p O OJ m O O P m 10 Ill N IV1 O O N O N YI P rl m N N M h h N ” 2 m N O n n 10 10 n _ m m N n VI m N M n T P W N OJ N m 4O e'I 4p '1 P P N rl r1 O] N N N N N N n n M n v'I M P V1 v v O E`o c d N m N O'I 0 0 N N W O O O M O T O N N Q O mltD O „�N ---- mo o n mo O o 0 o mn v P O N M m N Yt ° ti m M m O lO Vf lIt m m N O O N O m m Q fl O m O fl W Vl M T M O O O O V1 N n l0 N T M vl Pm O Vl fl M ll O P T O DJ W O ° O W- 10 vl vl O O ti tll N Vf VI lf1 H H Ei m P m l0 V1 V1 Il'1 N O VI m N VI �� t0 '1 p1 N VI ti n P m N P P n N h P !ll n a W N Ot e'I 01 tO i(1 v'I tp '1 P N N N N n N N n OJ P Vf m NI T n O P m M IO O Q N N N M N �„j N N N N N N N n N Ol VI fl I'1 lO '1 T 01 rl rl rl O1 � 'I '1 9 N N NNN N NNN NNIN N o m 3¢ m z m Z ¢` I'nm° NNN NN ` N N N IN N m NNN N v 0 80A-68 l q O C x a ! i L i0 - vl m O vl O O m O O O m O M O N N m O t0 fl P 1l1 m m N O O 1l1 O m M V Q N O m O O� N VI VI P O N O P m O N vl M ei rl m P 'i rl DJ W O W mM O m O rl D] Ill 'I m m m O O O O N N n 10 M M P n O Ot M O OJ m O O P m 10 Ill N IV1 O O N O N YI P rl m N N M h h N N N O n n 10 10 n 1 � m m N n VI m N M n T P W N OJ N m 4O e'I 4p '1 P P N rl r1 O] N N N N N N n n M n v'I M P V1 m m IlG N m n O ti m Q P tD N O P O P` NNNMN NNN NN NNI�N df NfI NtO V 01 �ti vP, 'I fl r �m V O O E`o c roo a a H 's m LL o o ---- mo o n mo O o 0 o mn v o o ry N,m m o N mQ mm o P lcm mo 0 C omm.Im nm mou.a tri m o m o .+ oo .-I O m m 1D 0 o O o In rl m O O lrv�oo O o 0 o I ll ll o m n m m ° O W- 10 vl vl O O ti tll N Vf VI lf1 H H Ei m m O1 -ZiOO N T Oi N O H n P P n d OI m N r Vl m N� � Q ID Q N N m m� N OJ m 10 V1 O VP N N N N n n m � O vl O m N P+Ip r'I I P m m O W Q Q n 1O W W Q P UJ a N NNN�N NN NN NNnN O V1 rI tO IO m NN p p NN NN N N m N lIN NNNN rl NN 'I NN V O O c a a H 's m LL o o w c la_ m o a LL u E� 0 �u m-oLL NNo o c $ w = a— a" A ” c v> u m a o c n o ¢¢ v LL u N a a w u a o c •• O E E Z m c a u u 1°. c a ° u 'o'y3uZ pcc oHncrd`m Z E-2 v :- ° c v n Z v E a m v u v a9«a. m u v o m 3¢ m z m Z ¢` I'nm° In a `o `o o `o t o 3 L c> >> m y m a o m m n m i E t m s > E m v.o 0 o m o 0 0 0 0 0 0 0 0 0 0 80A-68 CSG I advisors Memorandum To: Judson Brown, City of Santa Ana From: John Hamilton, CSG Advisors Date: May 24, 2017 Re: Tiny Tim Plaza Apartments Financial Feasibility Review SUMMARY ct Overview and the Proposed Project EXHIBIT 8 1 Post Street, Suite 575 San Francisco, CA 94104 tel. 415.956.2454 Community Development Partners proposes to develop a 51 -unit affordable housing development, to be located at 2223 and 2237 West 5' Street, in the City of Santa Ana. The Developer proposes to purchase the existing site, which is currently a strip mall and parking lot. The Developer would rehabilitate and "re - purpose" the existing commercial for use by non -profits and community agencies, and newly develop 51 units of affordable housing. Units in the Project would be affordable to families earning between 30% and 60% of area median income. The Proposed Financing The Developer proposes to finance the Project using the proceeds of the issuance of tax-exempt bonds along with the equity derived from the sale of 4% low-income housing tax credits and deferred Developer fee. In addition, the Developer proposes to obtain five Section 8 vouchers, and funds from the State of California's Affordable Housing Sustainable Communities (AHSC) program and New Market Tax Credits to eliminate the Project's financing deficit. Conclusion The Project has a financing deficit of approximately $11.7M. The Developer proposes, in addition to funds requested from the City, to close the financing deficit with a permanent loan funded by commercial rents; and funds from the AHSC, New Market Tax Credits, and the use of Section 8 vouchers. The project has not yet applied for these sources. The suitability of the Project for those sources and the likelihood of success in obtaining those sources should be the source of a separate analysis. PROJECT FINANCIAL ANALYSIS Project Description Community Development Partners (the "Developer"), an experienced developer of affordable housing, proposes to develop a 51 -unit affordable housing development, to be located at 2223 and 2237 West 5t" Street (the "Site"), in the City of Santa Ana. The Developer proposes to purchase the existing site, which is currently a strip mall and parking lot. The Developer would rehabilitate and "re -purpose" the existing commercial for use by non -profits and community agencies, and newly develop 51 units of affordable housing. The Developer proposes to finance the Project using the proceeds of the issuance of tax-exempt bonds along with the equity derived from the sale of 4% low-income housing tax credits. SAN FRANCISCO ATLANTA 80A -69S ANGELES NEW YORK Judson Brown, City of Santa Ana May 24 2017 Tiny Tim Plaza Apartments Financial Feasibility Pace 2of6 The Site The Virginia A. Nicholas Trust (Seller) currently owns the Site. On May 1, 2016, Magis Realty entered into a Purchase and Sale Agreement (PSA), as amended, with the Seller for the purchase of the Site. Magis Realty assigned its interest under PSA to the Developer pursuant to an Assignment of Buyers Interest (Assignment). Please note that the Assignment as provided for CSG's review required execution by six members of the Seller; however, only one Seller's signature was present. Therefore, CSG cannot conclude that the Developer actually controls the Site. Note, further, that the amendment to the PSA requires close of escrow by June 1, 2017. In the absence of a further amendment extending the period to close escrow, the Developer must purchase the Site in order to retain control. According to an email from the Developer to the City dated March 16, 2017, the Developer plans to use an acquisition loan from the Low Income Investment Fund (LIIF) to purchase the Site; the Developer would like a commitment of soft financing from the City before purchasing the Site. Units And Affordabil The Developer proposes affordability and unit mix as described Table 1, below. Table 1: Proposed Units and Affordability Restriction AMI 2 -Bedroom 3 -Bedroom 4 -Bedroom Total 30% AMI 2 3 5 50%AMI 1 1 60% AMI 17 26 1 44 Manager's Unit 1 1 Total AMI Bedroom Size Restriction 20 Table 2: Units 2017 CTCAC Rent 29 Rents Utility Allowance 2 Net Rent 51 Section 8 Contract Rent 2 Bedrooms 30% $704 $60 $649 NA 2 Bedrooms 60% $1,408 $60 $1,353 NA 3 Bedrooms 30% $813 $85 $750 NA 3 Bedrooms 60% $1,627 $85 $1,564 NA 4 Bedrooms 50% $1,512 $10S $836 NA 4 Bedrooms 60% $1,815 $105 $1,744 NA Note that CSG has adjusted the Developer's pro forma rents (i.e., increased) to conform with the 2017 CTCAC rents applicable to Orange County Request for Funds The Developer has requested, via email to the City, subordinated financing in the amount of $6,000,000. The Developer would like a commitment of these funds before purchasing the Site before the expiration of the escrow period (June 1, 2017). CSG Iadvisors SAN FRANCISCO 80A6A7-0 • LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 24 2017 Tiny Tim Plaza Apartments Financial Feasibility Page 3 of 6 Financial Plan Analysis The Developer proposes to use 4% tax credits and tax-exempt bonds to financing, in part, the Project. In addition, the Developer proposes: Funding to be obtained through the State of California's Affordable Housing Sustainable Communities program; New Market Tax Credits • Section 8 vouchers for the five 30% AMI units. However, as the Developer has neither obtained, applied for, nor provided draft applications for these sources, CSG has not accounted for them in this analysis. Nor have we evaluated the Project for competitiveness or suitability for any of the above. We have focused our analysis on a review of the Project's sources and uses in the context of the Project's proposed 4% tax credit financing. In order to achieve the foregoing, the analysis proceeds as follows Side-by-side comparison of the Developer's sources and uses budget with a "Base Budget" constructed by CSG, with explanation of variances. Building upon the CSG Base Budget, comparison of the Developer's sources and use budget with a CSG -constructed budget including deferred developer fee. Table 3, below, provides a consolidated form of the Developer's budget compared to the CSG "Base Budget" showing modifications proposed by CSG. In creating this analysis and variance, we have used the Developer's assumptions (except as noted) and modeled the Project using the applicable CTCAC application form. Table 3: Variance Analysis of Developer's Budget to CSG "Base Budget" USES Budget Item Developer CSG Variance Notes/Explanation of Variance Total Land /Acquisition Cost $3,996,300 $3,996,300 Includes land and holding costs Total New Construction Costs Total Construction Contingency (5%) $763,515 $763,515 Total Architectural Costs Total Survey and Engineering $150,500 $150,500 Construction Loan Interest $690,000 $926,990 $236,990 See discussion below Construction Loan Origination Fee $221,000 $221,000 0.75% commitment Fee per chase letter Permanent Origination Fee $10,000 $10,000 Typical Citi "Conversion fee" Total Attorney Costs $165,000 $165,000 Total Reserve Costs 6 mos. Operating Reserve typical of Citi $371,938 $371,938 underwriting Total Appraisal Costs 10,000Q 10,0000r0 CSG Iadvisors /� SAN FRANCISCO Q0�#t'R'T1 LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 24 2017 Tiny Tim Plaza Apartments Financial Feasibility Page 4 of 6 Costs of Bond Issuance Permits and Fees Soft Costs $508,786 $508,786 Subtotal Project Costs $23,890,144 $24,127,134 Max Developer Fee per CTCAC (assuming Developer Fee 12AW000 12,576205 $176.205.15 eligible basis of approx.$17,174,701) Total Development Cost' $26,290,144 $26,703,339 $413,195 PERMANENT SOURCES Permanent Loan - Residential $8,420,587 $7,829,652 ($590,935) See Discussion, below Permanent Loan — Retail $2,113,746 $0 ($2,113,746) See Discussion, below Reflects total 12 -year cash flow (after partnership and asset management fees starting at $18,500) available for payment of Deferred Developer Fees $1,014,984 $1,330,993 $316,009 deferred fees. Low Income Housing Tax Credit Equity r $5.770.828 JL841 326 $70,498 See Discussion, Below TOTAL SOURCES $17.320.145 $15.001.971 ($565,768) ( SURPLUS/(DEFICIT) ($8,969,999) ($11,701_368) _($968,963) *Developer's budget total of $26,320,144 does not correctly total by $30,000 (error in Developer's "Indirect Construction" total) Discussion of Table 3 The "Uses" portion of Table 3 shows the Developer's budget, contrasted with modifications proposed by CSG. • Total New Construction Costs: Supported by a "Conceptual Estimate" provided by the Advent Companies. Le., these are very preliminary estimates based on conceptual drawings. • Construction Loan Interest: CSG has applied typical underwriting criteria i.e., 60% average outstanding balance, during the term (24 mos), at the underwriting interest rate (3.65%). • Developer Fee: CSG has adjusted the Developer Fee to reflect 15% of unadjusted eligible basis (i.e., $17,174,701) not including the Developer Fee as allowed by CTCAC for 4% tax credit projects. The "Sources" portion of the table illustrates proposed corrections to certain of the sources. • Permanent Loan - Residential: We have sized the Permanent Loan with out reference to Section 8, because the developer has not applied for or secured an award of Section 8 vouchers. The calculation of the permanent loans is as indicated below based on terms consistent with the market and typical Citibank tax-exempt bond transactions: Tax Credit Rents Effective Gross Rents $793,406 (per Developer units mix and 5% Net Cash Flow DSCR Cash Flow Available to Support Debt CSG Iadvisors SAN FRANCISCO 80/4,42 1.15 $459,309 LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 24 2017 Tiny Tim Plaza Apartments Financial Feasibility Pace 5 of 6 Interest rate/Amortization Term 4.75%/35yrs Loan Amount $7,829,652 Note that the Effective Gross Rents reflect 2017 CTCAC rents for Orange County. Permanent Loan — Retail: Lender and investor underwriting of the retail space would be atypical for affordable lending and, as CSG has not received substantiation of Lender willingness to underwrite the retail, CSG has eliminated this source. • Low -Income Housing Tax Credit Equity: The LIHTC equity reflects slightly adjusted eligible basis as compared to the Developer Budget. The LIHTC equity calculation is as follows (per the CTCAC application form): Total Eligible Basis $19,750,906 QCT basis boost 100% Total Adjusted Eligible Basis $19,750,906 Applicable Fraction 100.00% Total Qualified Basis $19,750,906 Applicable Percentage 3.25% Annual Federal Credit $641,904 Total Federal Credit $6,419,040 Tax Credit Factor $0.91 LIHTC Equity $5,841,326 Financing Deficit Based on the adjustments• noted above, the Project has a financing deficit of approximately $11.7M. The Developer has proposed to close this financing deficit with permanent financing based on the commercial rents; and with funds from City, the State of California's AHSC program, Section 8 vouchers, and New Market Tax credits. This analysis has not addressed the Project's suitability or likelihood of success for the latter three programs. Operating Expenses and Operating Pro Forma The Developer proposes annual operating expenses per unit of approximately $4,900 per unit not including reserves, based on expenses of its recently completed projects in the region, e.g., Guest House apartments. The Developer's proposed operating pro forma uses standard underwriting requirements for tax -credit and bond financing projects: annual income inflation at 2.5% and annual expense inflation of 3.5%; vacancy of 5% annually. These underwriting assumptions along with calculated debt service on the first Permanent Loan results in an initial year debt service coverage (DCR) of 1.15, with increasing DCR each year there after. The Developer's proposed operating pro forma indicates a healthy project from an operational perspective. CONCLUSION The Project has a financing deficit of approximately $117M. The Developer proposes, in addition to funds requested from the City, to close the financing deficit with permanent financing based on the commercial rents; and with funds from the AHSC, New Market Tax Credits, and the use of Section 8 CSG Iadvisors SAN FRANCISCO •80AA73 LOS ANGELES NEW YORK Judson Brown, City of Santa Ana May 24 2017 Tiny Tim Plaza Apartments Financial Feasibility Pace 6 of 6 vouchers. The project has not yet applied for these sources. The suitability of the Project for those sources and the likelihood of success in obtaining those sources should be the source of a separate analysis. CSG Iadvisors SAN FRANCISCO 80A44 LOS ANGELES NEW YORK MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villegas June 20, 2017 Exhibit 9 CITY OF SANTA ANA 20 Civic Center Plaza . P.O. Box 1988 Santa Ana, California 92702 714-647-6900 vmv.santa-ana.orc AMCAL 1440 Santa Ana Fund, L.P. AMCAL Multi -Housing, Inc. Attn: Mario Turner, Vice President Development 17862 E. 17th Street, Suite 209 Tustin, CA 92780 SUBJECT: 69 Unit Multi -Family Housing Project 1440 East First Street, Santa Ana, California Dear Mr. Turner, INTERIM CITY MANAGER Cynthia Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Huizar AMCAL 1440 Santa Ana Fund, L.P., a California limited partnership ("Developer") requested financial assistance in connection with the proposed development of a 69 unit affordable housing complex to be located at 1440 East First Street, Santa Ana, California ("Project"). The Housing Authority of the City of Santa Ana ("Housing Authority") has reviewed the Developer's request for assistance and at the Housing Authority meeting on June 20, 2017, the Housing Authority Board authorized and approved issuance of this pre -commitment letter evidencing the preliminary award of $8,522,740 of funds to the Project (the "Agency Assistance"), which Agency Assistance shall be funded exclusively from the Low and Moderate Income Housing Asset Fund (the "LMIHAF") held by the Housing Authority of the City of Santa Ana acting as the Housing Successor Agency (the "Agency"). The Agency and the Developer have mutually agreed upon the pre - commitment of Agency Assistance in the maximum amount of $8,522,740. The purpose of this letter is to provide a pre -commitment from the Agency for a loan of up to $8,522,740 ("Agency Loan") from the LMIHAF held by the Housing Successor Agency. The Agency intends that this letter evidence the Agency's pre -commitment of the Agency Assistance to the Developer for the Project subject to the conditions described below. The Agency Loan Agreement for these funds requires Housing Authority Board approval prior to execution by the Developer and the Agency. The amount of the proposed Agency Loan has been determined based upon the Agency's review of the Developer's request for the receipt of the Agency Assistance and the development SANTA ANA CITY COUNCIL Miguel A. Pulido Michele Martinez Vicente Sarmiento Jose Selene P. Davd BenaAdes Juan Villegas Sal Tinalero Mayor Mayor Pm Tem, Ward 2 Ward1 Wool Ward4 Wahl5 Wad moulidonsanta-ana oro mlmartineaAsanta-ana.omysamlienloAsanla-ana.omlo! 5- dbenavides(ds8nta-a0a.ofo MIleaasylisents-anaorn stinaieroOsante-an..om AMCAL 1440 Santa Ana Fund, L.P. June 20, 2017 Page 2 proforma and projected cash flows for the Project submitted by the Developer to the Agency as of March 18, 2016 ("Proforma"). The Housing Authority's Executive Director has authority to approve revised development proformas and projected cash flows for the Project; provided, however, that the Agency Assistance is not materially increased or extended. In relation to this Agency Loan, the City Council approved a conditional, pre -commitment letter of up to $8,795,000 on April 19, 2016, to be funded exclusively from inclusionary housing in - lieu fee payments made pursuant to the City's Housing Opportunity Ordinance (Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code) by the market rate developer of that certain mixed-use development to be located at 2001 East Dyer Road, Santa Ana, California (the "In -Lieu Fee"). The Developer and the City agree that the issuance of this pre -commitment letter from the Agency for a loan of up to $8,522,740 from the LMIHAF held by the Housing Successor Agency hereby releases the City of its commitment of the $8,795,000 in the conditional, pre -commitment letter approved by City Council on April 19, 2016, from funds to be received by the City from the In -Lieu Fee at a future date. As such, the conditional, pre -commitment letter of up to $8,795,000 approved by City Council on April 19, 2016, is hereby terminated by all parties and made null and void. The Developer's Project is intended to serve, in part, a target population of Very -Low and Extremely -Low Income persons using LMIHAF from the Agency, pursuant to California Health and Safety Code Section 34176.1. Section 34176.1(a)(3)(B) requires that the Agency must require at least 30% of the LMIHAF to be expended for development of rental housing affordable to and occupied by households eaming 30% or less of the Area Median Income ("AMI"). If the Agency fails to comply with the Extremely -Low Income requirement in any five-year reporting period, then the Agency must ensure that at least 50% of the funds remaining in the LMIHAF be expended in each fiscal year following the latest fiscal year following the report on households earning 30% or less of the AMI until the Agency demonstrates compliance with the Extremely -Low Income requirement. In order for the Agency to meet this five-year Extremely -Low Income Test, the Agency and the Developer have mutually agreed that at least 50% of the units in the project, 34 of 68 total affordable Housing Units, will be affordable to and occupied by households earning 30% or less of the AMI. The Agency Loan, should it be issued, will have the following terms • $8,522,740 principal amount, or as much thereof as is disbursed for acquisition costs and hard and soft costs in constructing the Project; • 3% simple interest per annum; • Repayment from 50% of Residual Receipts (after payment of operating expenses, debt service, any deferred developer fee, and partnership fees to be described in the Agency Loan Agreement) with the remaining 50% to be disbursed to the Developer; • Remaining principal and accrued interest due upon the 55th anniversary of the issuance of Certificate of Occupancy and/or final building permits or earlier upon sale, refinancing or default. On that date, the Agency agrees to review the performance of the property and consider in good faith any reasonable request by AMCAL to modify the terms or extend the tern of the Agency Promissory Note. Additionally, the Agency will receive 50% of the net proceeds received from any sale or refinancing of AMCAL 1440 Santa Ana Fund, L.P. June 20, 2017 Page 3 the Project, after payment of outstanding debt and payment in full of any deferred developer fee and establishment of any reserves and transaction costs; and Cost savings from the Project, if any, will be applied first to pay down the Agency Loan, subject to compliance with the Tax Credit Allocation Committee ("TCAC") Regulations and California Health and Safety Code. The Agency's obligation to provide the Agency Loan to the Project are subject to each of the following conditions: 1. Review and approval of the documents evidencing the Agency Loan by the Housing Authority of the City of Santa Ana acting as the Housing Successor Agency. 2. Compliance with California Health and Safety Code and applicable regulations set forth in Section 34176. 3. Compliance with and completion of an environmental review of the Project pursuant to the California Environmental Quality Act ("CEQA") and approval thereof. 4. The ftmding of $8,522,740 is from the Low and Moderate Income Housing Asset Fund which requires legal restrictions which the Agency cannot amend or repeal. 68 of the 69 "Housing Units" at the Project shall and will be restricted to "Affordable Rents" as defined by the TCAC Regulations for a period not less than 55 years pursuant to conditions, covenants and restrictions recorded against the Project in the Official Records, County of Orange, California. 34 of the 68 Housing Units at the Project shall and will be restricted to households earning 30% or less of the AMI. One (1) Housing Unit will be rented to an on-site property manager; the manager's unit will not be rent -restricted. 5. The Agency Loan Agreement shall provide that each of the following conditions shall be met prior to the disbursement of any portion of the Agency Loan: a. All grading permits shall have been issued and the City shall have issued a letter stating that building permits are ready to issue, subject only to payment of fees and the completion of grading of the Project site. b. Developer shall have secured all necessary financing and funding for the construction and operation of the Project. Such financing and funding shall be sufficient to pay all Project development costs, through lease -up, as set forth in a final budget consistent with the approved Proforma (or as otherwise approved by the Agency). C. The Developer shall have provided evidence to the Agency that the Developer has obtained insurance policies and certificates or endorsements acceptable to the Agency, as described in the Agency Loan Agreement. d. The Developer shall have provided construction security in favor of the Agency, which may include a completion guarantee from AMCAL 80A-77 AMCAL 1440 Santa Ana Fund, L.P. June 20, 2017 Page 4 Multi -Housing, Inc. and/or a letter of credit and/or performance & payment bonds from the general contractor for the Project (or some combination of these), in an amount sufficient to ensure the Project will be completed and placed in service within the time set forth in the Project schedule approved by the Agency. e. Developer shall submit and obtain Executive Director of the Housing Authority's approval of the construction contract, Developer's limited partnership agreement for the limited partnership entity to be formed to own and operate the Project, and management, marketing and tenant selection plans for the Project. 6. The Agency's obligation to provide the Agency Loan is and shall remain subject to all covenants, conditions, and restrictions set forth in the Agency Loan Agreement, and in particular Agency's analysis of the available funding sources and development and operating costs of the Project and the overall economic feasibility of the Project. This pre -commitment letter for the Project will expire two (2) years from issuance of the letter to the Developer. The Developer and the Agency agree in the Agency Loan Agreement that the provision of any funds to the Project is and shall be conditioned on the Agency's determination to proceed with, modify or cancel the Agency Assistance based on the results of a subsequent CEQA environmental review and the outcome of a Subsidy Layering Review. If you have any questions or require any additional information regarding this award letter, please contact Judson Brown, Housing Division Manager, by telephone at (714) 667-2241 or by e-mail at ibrownAsanta-ana.ore. Sincerely, Cynthia Kurtz Interim City Manager City of Santa Ana / Housing Authority of the City of Santa Ana FOODYAWOO MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinajero Juan Villages June 20, 2017 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 714-647-6900 w .santa-ana.ora Kyle Paine Community Development Partners 3416 Via Oporto, Suite 301 Newport Beach, CA 92663 Re: Project Based Vouchers Award Aqua Housing — 317 East 17th Street, Santa Ana, CA 92706 Dear Mr. Paine, INTERIM CITY MANAGER Cynthia Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar On April 4, 2017, the Housing Authority of the City of Santa ("SAHA") approved your proposal for twenty-five (25) project -based vouchers ("PBVs") for permanent supportive housing to be used at the Aqua Housing project located at 317 East 17th Street, Santa Ana, CA 92706 ("Project'). On June 20, 2017, SAHA approved an amendment to your original Project award for an additional thirty-one (31) PBVs for permanent supportive housing, for a total of fifty-six (56) PBVs for the Project. The Project consists of a fifty- seven (57) unit affordable multi -family apartment complex and will be made available at affordable rents with wrap-around supportive services to chronically homeless individuals. This approval is contingent upon completion of a subsidy layering analysis of the Project by the U.S. Department of Housing and Urban Development ("HUD"). Should the Project be awarded low-income housing tax credits, the analysis will be conducted by the California Tax Credit Allocation Committee. The basic terms of the award are as follows: • Funding Source: The fifty-six (56) PBVs will be funded exclusively out of the tenant - based voucher program annual budget authority received by SAHA from HUD. SANTA ANA CITY COUNCIL Miguel A Pulido Michele Martinez Vicente Sarmiento Jose Solorio P. David Benavides Juan Villegas Sal Tlnajem Mayor Mayor Pro Ter, Ward 2 Ward Ward3 Ward Werd5 Wand meulldo(!03antaaeaDr mimadineegDsanla-ana.or vsannien1o0.anta-ana.ora8 a s= 9yO-q dbonaydesasanta-ana.er 'NIIe0a9Asanta-ana.o stinalero/msanta-ena.om • Rents: The Project -Based Voucher Housing Assistance Payments (HAP) Contract rents below are preliminary and contingent upon a reasonable rent determination to be conducted by the Housing Authority at the time of execution of the HAP Contract: o Studio: $1,382 0 1 -bedroom: $1,579 In accordance with HUD regulations and SAHA's Administrative Plan, these rents are subject to review prior to the execution of a HAP contract. Annual Amount: Should the project receive low-income housing tax credits, it will receive PBVs for fiftv-six (56) units: Unit Size 30% AMI 60% AMI Total No. Units Proposed Rent No. Units Proposed Rent Studio 9 $1,382 3 $1,382 12 One Bedroom 30 $1,579 14 $1,579 44 Total 39 17 56 The estimated maximum annual amount received under this award is $1,032,720. These estimates assume 100% occupancy of the units over the twelve-month period. Term: The HAP Contract will have a term of twenty (20) years. Any time before the expiration of the HAP Contract, the developer may request an additional twenty (20) year term, subject to a determination by SAHA that it is appropriate to continue providing affordable housing for chronically homeless individuals and/or to expand housing opportunities and HUD funding. Subsequent extensions are subject to the same requirement. • Units Receiving Assistance: The maximum number of units receiving assistance will be fifty-six (56). Should the project receive low-income housing tax credits, the maximum number of units will be fifty-six (56). If you have any questions or require any additional information regarding this award letter, please contact Judson Brown, Housing Division Manager, by telephone at (714) 667- 2241 or by e-mail at ibrownCa�santa-ana.org. Sincerely, Cynthia Kurtz Interim City Manager City of Santa Ana / Housing Authority of the City of Santa Ana ,:1 X :1 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solorio Sal Tinalero Juan Villages June 20, 2017 Exhibit 11 CITY OF SANTA ANA 20 Civic Center Plaza • P.O. Box 1988 Santa Ana, California 92702 714-647-6900 www.santa-ana.orc Kyle Paine Community Development Partners 3416 Via Oporto, Suite 301 Newport Beach, CA 92663 SUBJECT: 51 Unit Multi -Family Housing Project 2223 West 5th Street, Santa Ana, California Dear Mr. Paine, INTERIM CITY MANAGER Cynthia Kurtz CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Made D. Huizar Community Development Partners ("Developer") requested financial assistance in connection with the proposed development of a 51 unit affordable housing complex to be located at 2223 West 5th Street, Santa Ana, California ("Project"). The City of Santa Ana ("City") and the Housing Authority of the City of Santa Ana ("Housing Authority") have reviewed the Developer's request for assistance and at the City Council/Housing Authority meeting on June 20, 2017, the City Council/Housing Authority Board authorized and approved issuance of this conditional pre - commitment letter evidencing the preliminary award of $6,000,000 of fiends to the Project (the "City/Agency Assistance"), which City/Agency Assistance shall be funded from inclusionary housing in -lieu fee payments made pursuant to the City's Housing Opportunity Ordinance (Article XVIII.I of Chapter 41 of the Santa Ana Municipal Code) (the "Inclusionary Housing Fund") and the Low and Moderate Income Housing Asset Fund (the "LMIHAF") held by the Housing Authority of the City of Santa Ana acting as the Housing Successor Agency (the "Agency"). The City, Agency and the Developer Have mutually agreed upon the conditional pre -commitment of City/Agency Assistance in the maximum amount of $6,000,000. The purpose of this letter is to provide a conditional pre -commitment from the City and Agency for loans of up to $6,000,000 ("City/Agency Loans"), of which $1,300,000 will come from the Inclusionary Housing Fund held by the City and $4,700,000 will come from the LMIHAF held by the Housing Successor Agency. This letter shall evidence the City and Agency's conditional pre - commitment of the City/Agency Assistance to the Developer for the Project subject to the conditions described below. The Loan Agreements for these funds require City Council/Housing Authority Board approval prior to execution by the Developer, the City and the Agency. SANTA ANA CITY COUNCIL MiguelA Pulido Michele Martinez Vicente Sarmiento Jose Solorio P. David Benavides Juan Villages Sal Tinalero Mayor Maya, Pm Tem, Wartl 2 Ward? Ward3 Ward4 Wad5 Ward moulidonsanta-ana.om mimadinezigsanta-ane.ora vsarmlento0sanla-ana.ora8' tori =n an or dbenavidesReantsana.om Mlleaasnsantaanaom stin.l.laft..antaa.aarQ Community Development Partners June 20, 2017 Page 2 The amount of the proposed City/Agency Loans has been determined based upon the City and Agency's review of the Developer's request for the receipt of the City/Agency Assistance and the development proforma and projected cash flows for the Project submitted by the Developer to the City/Agency ("Proforma"). The City Manager and Housing Authority Executive Director have authority to approve revised development proformas and projected cash flows for the Project; provided, however, that the City/Agency Assistance is not materially increased or extended. The City/Agency Loans, should they be issued, will have the following terms: • $6,000,000 principal amount ($4,700,000 from LMIHAF; $1,300,000 from Inclusionary Housing Fund), or as much thereof as is disbursed for acquisition costs and hard and soft costs in constructing the Project; • 3% simple interest per annum; • Repayment from 50% of Residual Receipts (pro -rata with payments due in connection with other financing provided by the City/Agency) (after payment of operating expenses, debt service, any deferred developer fee, and partnership fees to be described in the Agreement) with the remaining 50% to be disbursed to the Developer; • Remaining principal and accrued interest due upon the 55th anniversary of the issuance of Certificate of Occupancy and/or final building permits or earlier upon sale, refinancing or default. On that date, the City/Agency agrees to review the performance of the property and consider in good faith any reasonable request by Community Development Partners to modify the terms or extend the term of the City/Agency Promissory Notes. Additionally, the City/Agency will receive 50% of the net proceeds received from any sale or refinancing of the Project, after payment of outstanding debt and payment in full of any deferred developer fee and establishment of any reserves and transaction costs; and Cost savings from the Project, if any, will be applied first to pay down the Loans, subject to compliance with the Tax Credit Allocation Committee ("TCAC") Regulations and California Health and Safety Code. The City and Agency's obligation to provide the City/Agency Loans to the Project are subject to each of the following conditions: Adoption of a resolution by the Planning Commission and City Council approving the Site Plan Review to allow the construction of a 51 -unit affordable housing complex to be located at 2223 West 5th Street, Santa Ana, California. 2. At least 10% of the units will be affordable to families at 30% Area Median Income (AMI). 3. Review and approval of the documents evidencing the Loans by the City of Santa Ana and the Housing Authority of the City of Santa Ana acting as the Housing Successor Agency. FOODIX46Y Community Development Partners June 20, 2017 Page 3 4. Compliance with California Health and Safety Code and applicable regulations set forth in Section 34176. Compliance with and completion of an environmental review of the Project pursuant to the California Environmental Quality Act ("CEQA") and approval thereof. 6. The City/Agency Loan Agreements shall provide that each of the following conditions shall be met prior to the disbursement of any portion of the Loans: a. All grading permits shall have been issued and the City shall have issued a letter stating that building permits are ready to issue, subject only to payment of fees and the completion of grading of the Project site. b. Developer shall have secured all necessary financing and finding for the construction and operation of the Project. Such financing and funding shall be sufficient to pay all Project development costs, through lease -up, as set forth in a final budget consistent with the approved Proforma (or as otherwise approved by the City/Agency). C. The Developer shall have provided evidence to the City/Agency that the Developer has obtained insurance policies and certificates or endorsements acceptable to the City/Agency, as described in the Loan Agreements. d. The Developer shall have provided construction security in favor of the City/Agency, which may include a completion guarantee from Community Development Partners and/or a letter of credit and/or performance & payment bonds from the general contractor for the Project (or some combination of these), in an amount sufficient to ensure the Project will be completed and placed in service within the time set forth in the Project schedule approved by the City/Agency. e. Developer shall submit and obtain the City Manager / Executive Director of the Housing Authority's approval of the construction contract, Developer's limited partnership agreement for the limited partnership entity to be formed to own and operate the Project, and management, marketing and tenant selection plans for the Project. The City/Agency's obligation to provide the Loans is and shall remain subject to all covenants, conditions, and restrictions set forth in the Loan Agreements, and in particular City/Agency's analysis of the available funding sources and development and operating costs of the Project and the overall economic feasibility of the Project. This conditional pre -commitment letter for the Project will expire two (2) years from issuance of the letter to the Developer. The Developer, City and the Agency agree in the Loan Agreements that the provision of any funds to the Project is and shall be conditioned on the City/Agency's determination to proceed with, modify or cancel the City/Agency Assistance based on the results of a subsequent CEQA environmental review and the outcome of a Subsidy Layering Review. FOODIX46F Community Development Partners June 20, 2017 Page 4 If you have any questions or require any additional information regarding this conditional pre - commitment letter, please contact Judson Brown, Housing Division Manager, by telephone at (714) 667-2241 or by e-mail at ibrownna Santa-ana.org. Sincerely, Cynthia Kurtz Interim City Manager City of Santa Ana / Housing Authority of the City of Santa Ana FJ A