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FULL PACKET_2018-02-20
MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBRUARY 5, 2018 CALLED TO ORDER CITY HALL, ROSS ANNEX 20 CIVIC CENTER PLAZA, ROOM 1600 SANTA ANA, CA 4:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (4:22 P.M.) JUAN VILLEGAS COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council PUBLIC COMMENTS • Jose Tapia, expressed strong opposition to the police officers who have been reinstated after video depicts illegal activity. CLOSED SESSION MEETING COUNCIL RECESSED to Room 2201 for Closed Session discussion at 4:14 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: CITY COUNCIL MINUTES 10 I FEBRUARY 5, 2018 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to Paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: a. Brandon Sontag v. City of Santa Ana, et al., Orange County Superior Court, Case # 30-2017-00902039-CU-OE-CJC b. Nicole Quiias v. City of Santa Ana, Orange County Superior Court, Case # 30-2016-00850502-CU-OE-CJC c. Santa Ana Police Officers' Association v. City of Santa Ana, Orange County Superior Court, Case # 30-2015-00801604-CU-OE-CJC d. Robert Reisse and Dana Reisse v. City of Santa Ana, et al., Orange County Superior Court, Case No.: 30-2014-00705090 e. Sky High Holistic v. City of Santa Ana, et al., Orange County Superior Court, Case No. 30-2017-00897912-CU-WM-CJC 2. PUBLIC EMPLOYEE EVALUATION OF PERFORMANCE pursuant to Section 54957(b)(1) of the Government Code: Title: City Manager and Clerk of the Council 3. CONFERENCE WITH LABOR NEGOTIATOR pursuant to Government Code Section 54957.6(a): Agency Negotiator: City Manager, Raul Godinez II Unrepresented Employees: Executive Management (EM) ADJOURNED THE CLOSED SESSION MEETING AT 5:32 P.M. AND CONVENED TO THE REGULAR OPEN MEETING REGULAR OPEN MEETING CLOSED SESSION REPORT — There were no reportable actions. CITY COUNCIL MINUTES 10A �2 FEBRUARY 5, 2018 WORK STUDY SESSION WS -1. STAFF PRESENTATION OF THE FOLLOWING: • FISCAL YEAR 2017-18 MID -YEAR BUDGET REVIEW, • FIVE (5) YEAR FORECAST, • FISCAL YEAR 2018-19 PRELIMINARY BUDGET, AND • DISCUSSION AND DIRECTION REGARDING CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (PERS) AGENDA • City Manager Overview / Governing Principles. • Pension Overview • FY 2017-18 Adopted General Fund Balance • FY 2017-18 General Fund Mid -Year Report • Preliminary FY 2018-19 General Fund Budget • Five -Year General Fund Forecast GOVERNING PRINCIPLES • Be transparent and honest about the problem • Use a comprehensive approach for all funds • Establish a vision, develop a budget that promotes long term sustainability, implement best practices and utilize a combination of cost reductions and revenue increases. • Use a multi-year approach to achieve financial sustainability • Identify core services and focus on funding core services • Provide clear vision and direction from leadership • Engage in a collaborative approach PENSION OVERVIEW • Current Overview & Funding History • Impacts to Unfunded PERS Liability • Impacts to City Budget • League of California Cities Study & Findings on Retirement System Sustainability • Strategies to Address Rising Pension Costs CURRENT OVERVIEW CaIPERS Fund • History of CalPERS 1932: Established as State retirement system 1947: City entered into CalPERS 1998: "Golden Age" CalPERS peak!! 95% of statewide Miscellaneous employees were on 2% at 60 Plan 50% of statewide Safety employees had the 2.5% at 55 Plan Employer Contribution Rates CITY COUNCIL MINUTES 10 3 FEBRUARY 5, 2018 • 0% for Miscellaneous • 0-7% for Safety • Misc.: 1971-1995: 2% @ 60; 1995-2008: 2% @ 55; 2009 -Present: 2.7% @ 55 • Safety: 1974-2001: 2% @ 50; 2001 -Present: 3% @ 50 senor vww 2oac vmc -.w now 5 Funded Status for CaIPERS Fund 03 ov m oo m .. m 'm 11 ai b 'vi is le m..IY... E,d1M m.. a' City of Santa Ana Retirement Benefits History Safety Plan History e 1974-2001: 2% at 50 • 2001 -Present (Classic Members): 3% at 50 • PEPRA Members: 2.7% at 57 Miscellaneous Plan History • 1971-1995: 2% at 60 • 1995-2008:2% at 55 • 2009 -Present (Classic Members): 2.7% at 55 • PEPRA Members: 2.0% at 62 Up to 2% annual COLA for both Classic & PEPRA members Disability benefits; death benefits; survivor benefit; EPMC (classic only) PEPRA = Public Employees' Pension Reform Act IMPACTS TO PERS — UNFUNDED LIABILITY What Elements Impact PERS Rates? Mlsc: 2.7%@55 5a :3.0%@50 Pnive P Wed s. Pof E.,1,-, Pate 11 CITY COUNCIL MINUTES 10A 44 FEBRUARY 5, 2018 Plan Demographics Miscellaneous • Retired employees or beneficiaries currently receiving benefits 1,328 • Separated employees entitled to but not yet receiving benefits 782 • Active employees 737 Total 2,847 Total Plan Participants: 4,241 a PERS Income FyMou rrce 2015 i Mips:://wwwcofpers.co.gov/page/newsroom/fa-tNe4ecord/2017/pensionbuck Saurre: [aWERS'hd sheet M Safety (Police/Fire) 923 179 292 1,394 CITY COUNCIL MINUTES 10A5 5 FEBRUARY 5, 2018 EXAMPLE: _._mwemeapmeiun r. mewuutama CalPERS Changes Enacted During Past 5 Years • In response to deteriorating financial conditions, CalPERS began enacting a series of pension cost changes • March 16, 2012 — Change in Discount Rate From 7.75% - 7.50% • April 17, 2013 — Change in Amortization & Rate Smoothing Policy • February 18, 2014 — Change in Actuarial Assumptions & Asset Allocations • December 21, 2016, the CalPERS Board voted to enact two substantial new changes 1. Lower the discount rate from 7.5% to 7.0% (assumed rate of return) 2. Enact an accelerated payback schedule for all unfunded accrued liabilities (UAL) • The resulting effect of the two changes includes the following: • Discount Rate Reduction • Impacts employer rates beginning in FY 2018/19 • Option to accelerate the Unfunded Actuarial Liability Payment (30 to 20 years) Madcet Value of Assets $I48.0M $711.0M TOW Pension ualtlllty (Los) (1.18) Funded Rstic 7&1% 67.N MFrket Volye of Meets $560.om $549.9M Tetel POW.. Meblllty (787.9M) (819AM) unfunded Va iuty ISzm.am) ($=.Im) Funded R.N. .71.6% 67.a% Source: CuIPERS'06/30/2017 W(uaNnn Report Jathe Cty oJSonmAna CITY COUNCIL MINUTES 10A 66 FEBRUARY 5, 2018 Unfunded Pension Liability Vma -- ss.4' -.1 ... 1 — Mrs 5500.0 � .i ae11o�8}.0% Smo.o MI .5:nded A.ui siaw�i Bnllo: }1.6M $SODA 1}1'14-4a'111`1„ __ _...—I. SID00 srferysunded P Io:M.>"A. 9100.0 Ptlle }31% iY15 P016 "i^ Liability Assets pg$ets Wi6rl e 04111%� a4u ded'�atbg YeaoOe% Ye -3. iemn q. z1 (menu 1 ��b�.(e :6Pl� 3 x A� 18� PERS RATES: Employer Contribution MagM P011ce Rates 36.2% 412% 44.7% 49.1% 12,8% Fre UAL $9.3M $11.4M $127M $14.5M $160M �E3Vw�i i�lg%9�` .3% 35 2 38.8 PERS PATES 30,7% 393Y 388% 41.9% 443% sewn: Cdi4 VOA0/3Pd] vdumra.xeWrljar meal, q4w: a ',xdud®emOlWee mnMbuNw:: ry: 13% In Safety (PD Only) Employees FY 18-19 For every $100 in salary, the City Pays $36 in Pension Benefits Salary + Pension Benefits = $136 FY 22-23 For every $100 in salary, the City will pay $53 in Pension Benefits Salary + Pension Benefits = $153 Miscellaneous Employees FY 18-19 For every $100 in salary, the City Pays $31 in Pension Benefits Salary + Pension Benefits = $131 FY 22-23 For every $100 in salary, the City will pay $44 in Pension Benefits Salary + Pension Benefits = $144 CITY COUNCIL MINUTES 10A7-7 FEBRUARY 5, 2018 IMPACTS TO CITY BUDGET H (ALL FUNDS) -- Average annual ....I Se'EM 1 increase of 137 %over : $MM .n to:ea °6aon I ,the neM five Yeats SLIM g [ree:n 575.1M poo $sno Sso 0 Eno a Sao 0 Sza o 9w.o FvzuaE nuaz Pvzz.za J Pme[1ad ProeRatl pre�aRotl ®•enenl Fund amnloyer ContrlLuOon 23 LEAGUE OF CALIFORNIA CITIES PENSION STUDY • Local agencies comprise approximately 40 percent of all CalPERS members. • Local Leaders, comprising of mayors, council members, city managers and finance officers shared their own cities' stories and concerns during meetings in September & November 2017. • The message delivered was: the "employer just paying more" option is no longer viable. • Following these meetings where local leaders gave voice to the challenges they face delivering services as pension costs increase, the League decided to commission this study. • Key Findings: 1. Rising pension costs will require cities over the next seven years to nearly double the percentage of their General Fund dollars they pay to CaIPERS; 2. For many cities, pension costs will dramatically increase to unsustainable levels; and 3. The impacts of increasing pension costs as a percentage of General Fund spending will affect cities even more than the state. Employee costs, including police, fire and other municipal services, are a larger proportion of spending for cities STRATEGIES TO ADDRESS RISING PENSION COSTS CITY COUNCIL MINUTES 10A 88 FEBRUARY 5, 2018 9e.sm r�<reae® mnrense "' 6of8M �2.3M 4S.1M FV1Jw Nww R']PEd ERlme<ud PmJeRetl Pioetred I Mm U-1 Fund FvzuaE nuaz Pvzz.za J Pme[1ad ProeRatl pre�aRotl ®•enenl Fund amnloyer ContrlLuOon 23 LEAGUE OF CALIFORNIA CITIES PENSION STUDY • Local agencies comprise approximately 40 percent of all CalPERS members. • Local Leaders, comprising of mayors, council members, city managers and finance officers shared their own cities' stories and concerns during meetings in September & November 2017. • The message delivered was: the "employer just paying more" option is no longer viable. • Following these meetings where local leaders gave voice to the challenges they face delivering services as pension costs increase, the League decided to commission this study. • Key Findings: 1. Rising pension costs will require cities over the next seven years to nearly double the percentage of their General Fund dollars they pay to CaIPERS; 2. For many cities, pension costs will dramatically increase to unsustainable levels; and 3. The impacts of increasing pension costs as a percentage of General Fund spending will affect cities even more than the state. Employee costs, including police, fire and other municipal services, are a larger proportion of spending for cities STRATEGIES TO ADDRESS RISING PENSION COSTS CITY COUNCIL MINUTES 10A 88 FEBRUARY 5, 2018 FY 2017-18 ADOPTED GENERAL FUND BUDGET CITY COUNCIL MINUTES 10 9 FEBRUARY 5, 2018 FY 2017-18 ADOPTED GENERAL FUND BUDGEWULY 1, 2017 PERS Increase OCFA Increase Graffiti Abatement Progmm Funding In the GF Heath Ihsu ants lnrreass Allocation for 3rd COPS Grant Annual Share ofAnimal Shelter Cmssmain. Costs Workers'Yomp 1% Increase Financing of the 800 MHz Final Phase Backbous e Adopted Budget puler tenon, MOU h±eremes 234,235,795• FY 2017-18 ADDITIONAL GENERAL FOND S US Marshals' Contract' �IPI'17�yp 4dlk,. 10.2M 519M Addition of Combination Inspectors 420K 420K Homeless Services Manager 0 114K Veterinarian Services at SAZoo 40K 40K MCfu. INCREASES: Salary Increases ONLY POA-SvvorW "0 2.210 Salary Increases ONLY-SEIUa 0 3601( Salary Increases ONLY-PMAa 0 220K Salary Increases ONLY -POA Non -Sworn' _0 200K Salary Increases ONLY-SAMA3 0 80K Salary Increases ONLY-CASA3 0 52k I Represent, pr,lodsd only, flnnl W. of the <h.n.t,,m 2 yaor Mor,haG'Coneradra) { 'P.t1htIlyaffxt with Cdpan Hmltblpeardna Prem ums:$ higher PFR9 Employee Czutr(byflanfrom 9% ri w12%¢fedi, 01/01/18 'P.Alallyoff+et Mtb Copan Health h,samnce, balance to be dbsorbed wifhiri exbflriB budget Pad.....;, FY 2017-18 Adjusted General Fund Budget: :,$t"M,14 $240.711A 34 CITY COUNCIL MINUTES 10A 40 FEBRUARY 5, 2018 FY 2017-18 GENERAL FUND MID -YEAR REPORT REVENUE & EXPENDITURE TRENDS Quarterly Trends ® I � I•I I� ® Ir Revenues 105/. 249/ 28% 38% Expenditures 24% 26% 23% 27% GENERAL FUND FY 17-18 2ND QUARTER REVENUES VS. EXPENDITURES GENERAL FUND FY 17-18 2ND QUARTER REVENUE VARIANCE s.lmnx $so,36o,000 $ls,9se;oee pmpenyiex 89,594,900 19p19218 Prope�Vlax In llw of VLF. 30,96k459 0 uu] 2],]ea,om 3o,x6a,943 e�amea.uaaaa "AIMN zsx3;ns xoal. tnanora]an 9,900,000 asss,g39 Tall Pevmue 13p1],3]U 2,6R,E36 Medinl Marlryana 3,vOg000 1,II9�023 .1h., General Fund Peuen 53,955,336 20,]11,120 CITY COUNCIL MINUTES 10A"11 FEBRUARY 5, 2018 GENERAL FUND FY 17.18 2ND QUARTER EXPENDITURE COMPARISON VACANCY REPORT AS OF DECEMBER 31, 2017 'STVIIi- PRELIMINARY FY 2018-19 GENERALFUND EXPENDITURE BUDGET FY FY 1118 ADJUSTED GENERAL FUND UP. BUDGET 240,735,022 P,.-, P", to ... diln$]"a 7,,W9 .. .3 - ..A City Man gersorrice 10 0 4!A50(1A&fPRFlnaeefe 10 City Attomey'sOfifce Is 2 0 2 0 dark aFtha 0u d(I 5 1 0 1 0 Community Development 47 ]. I 8 0 Fm,o&Management 104 11 4 IS 0 In(ormatinn Technology 17 0 5 6' 0 Petmnnel Se, Nies 25 B 3 13 0 Planm`ngBL1IWld 72 10. 0 10 2^' Police Depotmeht 631 102 0 102 55 PRCSA & Llbraiy '74 I 2 9 0 Public WprlaAgency 167 1 40 41 0 e ernff.enr w a wm .^rwo. dad. alw..mmE ey�em rnamPPwxuM 'STVIIi- PRELIMINARY FY 2018-19 GENERALFUND EXPENDITURE BUDGET FY FY 1118 ADJUSTED GENERAL FUND UP. BUDGET 240,735,022 P,.-, P", to ... diln$]"a 7,,W9 MJUSolery lnueaeee 3M., SGa[epJe Plan FY 1819 2494500 i 6.4% 4!A50(1A&fPRFlnaeefe 1984990 ,-lICYPd9@' pelEl�lonel funallgfo�iype llloll Fatlllry(VS MenM1eloi^ 11"982 _...�M -eAthln—oalnaeeee AMgtltllflone fa tl,a 9me 1Xao`O UP. BUDGET "Full Ywr£xWnm V,du9 ofMweholls xhwnere 2 -yew ogywm t -$7.2M ul^ 42 CITY COUNCIL MINUTES 10A'Y2 FEBRUARY 5, 2018 PRELIMINARY FY 2018-19 GENERAL FUND EXPENDITURE BUDGET FY 2018-19 Preliminary General Fund Exp. Budget: $250.1M s3aarvi,asw' °-�-:: "p opwma&se.�w�nemdude e m am..,ee muea, 1 smwEe, c.m rnmaea a Wm I a' PRELIMINARY FY 2018-19 GENERAL FUND PROJECTED REVENUES J evelk[Pm1oI V9MnJ�L 019.602 xeoAW II .a,nw.e E>e�,be �ssmAm s,eov�wo 95Wn Im". iwmg enperinaodongem oreaulmJAMhLre[onnabb 94 PRELIMINARY G Y 7 n 7 A_ liQ (: ;: N C b A 1 M 11 ti n d CITY COUNCIL MINUTES 10A13 13 FEBRUARY 5, 2018 OTHER POTENTIAL IMPACTS AND CONSIDERATIONS FOR a on®re.'a n=e Rrenalq FY 2018-19 —Al [15 mn9i PD Re,mme, mn w. , nm f..d'mg q:l fall e emm� .. ronanapmnaf-. [„mm�R mmnnl.rm,efnna�we waoprnOmse innmig f3Hren, wolei loren,[mymv4,n nwiRe"I an, n.n .n anul[v wnalRnwn u,e IXRe.a.e] un.e. ovnm lo,,oa ..ami R mdn,ertanaewe........ a3nnr w .n :m mlmry nen,mom:e[.m,n [eus anlnyoPdeuen, pm9�mnalval ... zrn�' $240 nve pvmi ml �o not Ro �e R19,mrefl aa ua++f]ap u uabil. rvzea, pr,f,I,,1nwo masweaR 235.9 239.3 u, em e,fv&fs LO6;]1 233.9 64GgJt0}IntodC 11e]. 228A FIVE-YEAR GENERAL FUND FORECAST DECEMBERr GENERAL FUND FORECAST $coons $]3f $vo 9]]B $RR $a1B pw X95 9foo 5fas �Rnvenuea - Bpentllturm 46 4 9 P NL 9 9 3 A 9 FY 16-17 FIVE-YEAR GENERAL FUND FORECAST —Revenues -a-Expenditures mt fblevarz llm 1 1' lp[n..,. a on®re.'a n=e Rrenalq m —Al [15 mn9i PD Re,mme, mn w. , nm f..d'mg q:l fall e emm� .. ronanapmnaf-. [„mm�R ui. nwiRe"I an, n.n .n anul[v wnalRnwn u,e IXRe.a.e] iu nWtma ,llrt®Nee&da:tl for 611,bk n[vamn+[1 w oepanm nu sufplemwnl Ruryest[i NOS 244.9 ve[mm Cenn eX[aPmtletl.snj $240 }`�[v vm PtISTfFTCFPPiI,M FIVE-YEAR GENERAL FUND FORECAST DECEMBERr GENERAL FUND FORECAST $coons $]3f $vo 9]]B $RR $a1B pw X95 9foo 5fas �Rnvenuea - Bpentllturm 46 4 9 P NL 9 9 3 A 9 FY 16-17 FIVE-YEAR GENERAL FUND FORECAST —Revenues -a-Expenditures mt 3as9 mea 244.9 m&5 NOS 244.9 $240 235.9 239.3 230.1 233.9 64GgJt0}IntodC $230 228A W to rsntter Ek'dnd)9n Graffiti AbatenioM irana$af. rosx 4F ICE Contract $220 Ptlnr to PERS DiuznM Pate A]sn4uncement COU+ Increases In FY 1748 12/21/16 ....... r 49 CITY COUNCIL MINUTES 10A- 44 FEBRUARY 5, 2018 g4sa 9 £ g2oa goon Pax, $ass $400 $m 4 GF Labor Coats & Authorized Positions sSSetwxea,aa some.,— $129:1 aso „e.uxeraen, -" ala 760 rho ses see Labor Costs 5.5% FY 12-13 vs. FY 16-17 Labor Costs st,ero,ral f Ind nave@3 e, lebms, Me l FON's se lne +$24M rate 95u5% elnm FV 20913 5 -YEAR OF REVENUE & EXPENDITURE TRENDS Mullen, 230.2 226.0 1_.S 220.2 9221.0 224.9 oQ0 __ _... _ _$226.4_. _... 2115 $2119%' $210 205.] -. $20 <,m.td'.... _.... #00 _. $191.]„.. N90 'Y 12-13 %13,14 FY14d6 FY1516-- FI S6 t7p tFY V tem Act06a Ad.le ACWNe ACNe15 x> $ a11I $$ }A 5.v.:uA 3 J ;2 fteven'aAx asaNY.N:NI1L5 m.¢xLYVCNI111UHfS EXpt?nilliS3C06 � d" M le neral q a oanaral r9�a x sewn p a -We p a r x lNo4reI Mrete vf 31. 1O1] 3 •rxdudee'he W.. d,e-rime R.I..., an,.12.1.13 FIVE-YEAR GENERAL FUND FORECAST — FEB. 2018 • Regional Economists are predicting slight economic growth as total GDP growth for the nation will hover around 2.3% in 2018 • Wall Street Journal: `(National]GDP Grew 2.6% at Year End (...]U.S. economy is in unusual territory: not quite booming" • Governor Brown in his Governor's Message as part of the proposed budget warned: `In recent years, I have warned of an inevitable recession lurking in our future, which thankfully has not yet arrived (...] Fiscal restraints are needed more than ever as California approaches the peak of the business cycle." CITY COUNCIL MINUTES 10A1515 FEBRUARY 5, 2018 I • • General Fund Forecast STATUS QUO „sess...pcttsuu9,nnxa'Wwrrmeol#sznj'vzw�*�,tiaurxwM OCPb.11yS AnaRWluuews^ISb9MJ°xWreraet(9aryauea 1 $260 - -- $240 -- $220 - - Na.0 $zoo $180 BudgnFY1]-39 Ael minery 6udgN FY 1929 FY 2921 FY 2122 FY 1919 ,: l Itl: a9uAs%plus lW M:nlrl�pw •EMtlutla tl:e$9.4MM Me-IIn:e Rav¢nue � nmi.. _..._ 53 GOVERNING PRINCIPLES • Be transparent and honest about the problem • Use a comprehensive approach for all funds • Establish a vision, develop a budget that promotes long term sustainability, implement best practices and utilize a combination of cost reductions and revenue increases. • Use a multi-year approach to achieve financial sustainability • Identify core services and focus on funding core services • Provide clear vision and direction from leadership • Engage in a collaborative approach FRAMEWORK FOR BUDGET BALANCING SOLUTIONS • Prepare a long term financial forecast and plan to achieve stability and sustainability • Focus on funding core services • Identify new ways of delivering city services at lower costs • Identify revenue enhancements • Engage with key stakeholders FIVE-YEAR GENERAL FUND FORECAST -FEB. 2018 9�eoe 9ruon fzeoA 6now pioo,u freo.o F£0.i:Av9. vnnuaHnaemeo)55.1MJw NenertluuYe^rs C[FA:Aug.nmunllnneoeeoJ$l 9MJv J:enuffovekewa x.aFtlrvnae r.uwmrrve::aw lr wxo-xo Fv m.xv nm�m xe,e �l d d 01 fd1 1 Or Ilmin rvvvvmptlans Lansldont iw 9 I.F Oat l p'em f F SNtly C nna61 E p d Oevelopn f pod Ra n CITY COUNCIL MINUTES 10A- OA -Y6 FEBRUARY 5, 2018 Council discussion ensued. Councilmember Sarmiento, expressed need to have full range of options for consideration including voter relief, rate of return, anchor source of revenue. Councilmember Villegas, supports a voter -approved measure. Councilmember Benavides, noted thatjail obligation to expire in 2024, voter measures considered in the past such as Utility User Tax; need to be right by the community and voters; focus on economic development; last option is to have measure on ballot, need to be creative and explore all other options. Councilmember Tinajero, thanked staff for presentation; City has three year plan to ensure payment of obligations; consider revenue options such as green striping for vending trucks, manufacturing and cultivation of cannabis, encouraging economic development with conventions such as upcoming speech and debate; focus on arts and utilizing streetcar project. Councilmember Solorio, suggested offering expedited approval process for major developments as means of revitalizing economy; allow for adequate staffing when approving new measures such as cannabis; need to focus on code enforcement and youth programs; use of technology to streamline and be more transparent; be flexible in requirements such as POST certificate of Park Rangers; consider employee contribution towards increasing PERS costs. Mayor Pro Tem Martinez, staff to focus on building revenue; continue to have honest discussion of budget realities; review recommendations by Management Partners developed some years ago when City dealing with budget shortfalls; focus on manufacturing industry such as the brad city; focus on trades including economic development opportunities for residents to succeed; innovation; make general plan and land use decisions to allow for expansion such as Amazon headquarters; strategies need to be revolutionary. ADJOURNED - Maria D. Huizar, 7:25 P.M. COMMENTS CITY COUNCIL MINUTES 10A171 7 FEBRUARY 5, 2018 Clerk of the Council CITY COUNCIL MINUTES 10A- OA -Y8 FEBRUARY 5, 2018 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA FEBUARY,6, 2018 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:12 P.M. ATTENDANCE COUNCILMEMBERS Present: MICHELE MARTINEZ, Mayor Pro Tem (5:14 P.M.) P. DAVID BENAVIDES VICENTE SARMIENTO JOSE SOLORIO SAL TINAJERO (5:28 P.M.) JUAN VILLEGAS COUNCILMEMBERS Absent: MIGUEL A. PULIDO, Mayor STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council Quorum was established thru presence of Councilmembers Benavides, Sarmiento, Solorio and Villegas. MOTION: Elect Councilmember Sarmiento as Chair (pursuant to SAMC 2- 101 due to unavailability of Mayor and Mayor Pro Tem). MOTION: Benavides SECOND: Villegas VOTE: AYES: Benavides, Sarmiento, Solorio, Villegas (4) NOES: None (0) ABSTAIN: None (0) ABSENT: Martinez, Pulido, Tinajero (3) CITY COUNCIL MINUTES 1 FEBRUARY 6, 2016 1OB-1 PUBLIC COMMENTS — None COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:13 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 — POTENTIAL LITIGATION Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Section 54956.9 of the Government Code: (Three Cases) 2. ii� EN CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 2467 N. Riverside Drive; Santa Ana, CA; APN is 002-050-05; Area is 4283 Square Feet (0.098 Acre) Owners: Eugen Charles Andres, III and Ann Avery Andres Negotiators: City Manager Raul Godinez II Terms: Conditions of potential sale. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: 2223 S. Bristol Street, Santa Ana, CA, (APN No. 015-194-28) Owner: Dianne Rose Mendez Negotiators: City Manager Raul Godinez II Terms: Conditions of potential sale. CONFERENCE WITH REAL PROPERTY NEGOTIATOR pursuant to Government Code Section 54956.8: Address of Property: YMCA, 203-205 W. Civic Center Dr., Santa Ana, CA, (APN No. 005-184-25 CITY COUNCIL MINUTES 2 FEBRUARY 6, 2018 10 B-2 Owner: City of Santa Ana Negotiators: City Manager Raul Godinez II Terms: Request for Qualifications/Development Concepts. 5. PUBLIC EMPLOYEE APPOINTMENT pursuant to Section 54957(b)(1) of the Government Code: Title: Police Chief CLOSED SESSION REPORT — See Agenda Item 19A for any reportable action. *Councilmember Sarmiento left the Closed Session Meeting at 5:48 p.m. and rejoined during Regular Open Session. ADJOURNED THE CLOSED SESSION MEETING AT 6:25 P.M. AND CONVENED TO THE REGULAR OPEN MEETING CITY COUNCIL MINUTES 3 FEBRUARY to, ZULU 10 B-3 REGULAR OPEN MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA SANTA ANA, CA 6:27 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUEL A. PULIDO, Mayor (6:38 P.M.) MICHELE MARTINEZ, Mayor Pro Tem P. DAVID BENAVIDES VICENTE SARMIENTO (L? P.M.) JOSE SOLORIO SAL TINAJERO JUAN VILLEGAS PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS COUNCILMEMBERS Absent: NONE STAFF Present: RAUL GODINEZ, II, City Manager SONIA R. CARVALHO, City Attorney MARIA D. HUIZAR, Clerk of the Council ASHELY ZUNIGA, CARR INTERMEDIATE SCHOOL RUPERT VEGA, POLICE CHAPLAIN CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO to Stay Connected OC in recognition of their 1811 anniversary and their contributions to the community. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER TINAJERO to Loaded Cafe in recognition of their outstanding contributions to the Santa Ana Police Department Pancakes with Santa event and the community. CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ to Bishop Thanh Thai Nguyen in recognition of his appointment as Auxiliary Bishop for the Roman Catholic Diocese of Orange. Ui i r UUUnca MINU I e5 4 FEBRUARY 6, 2018 10 B-4 CERTIFICATE OF RECOGNITION presented by MAYOR PRO TEM MARTINEZ to Joey Daniel from Santa Ana High School in recognition of his 5 Counties Invitational Wrestling Tournament win. CERTIFICATE OF RECOGNITION presented by MAYOR PULIDO to Mater Dei High School Football team in recognition of their CIF National Championship. President: Coach: Patrick Murphy Bruce Rollinson SPECIAL PRESENTATION of the Orange County Transportation Authority (OCTA) Harbor Blvd. Corridor Study by Eric Carlson, OCTA Project Manager SPECIAL PRESENTATION by Alberta Christy, Chair of the Historical Commission. WORK STUDY SESSION WS -1. PRESENTATION BY PANEL ON RENT CONTROL / STABILIZATION - Community Development Agency / Rent Stabilization Measures Work -Study presented by Judson Brown, Housing Division Manager; Dr. Richard Green, USC Price School of Public Policy and Tracy Condon, Executive Director, Santa Monica Rent Control Board Population Growth and Number of Housing Units 340,00.00 335,000.00 330,000.00 325,000.00 320,000.00 315,000.00 2010 2011 2012 2013 2014 2015 2016 +Total Santa Aro Population sNum6er of Housing Units Source: Annerlcan COmmunitY SLIMY 2016-5 Year Estimates CITY COUNCIL MINUTES 5 1 OB -5 000.00 000.00 000.00 000.00 000.00 000.00 000.00 000.00 000.00'000.00 000.00 FEBRUARY 6, 2015 ee, 86, F, 82, i 80, 78, 76. 74, 72, 70, 2010 2011 2012 2013 2014 2015 2016 +Total Santa Aro Population sNum6er of Housing Units Source: Annerlcan COmmunitY SLIMY 2016-5 Year Estimates CITY COUNCIL MINUTES 5 1 OB -5 000.00 000.00 000.00 000.00 000.00 000.00 000.00 000.00 000.00'000.00 000.00 FEBRUARY 6, 2015 Median Income and Rent 12.00% 10.00% -- - _ - -- - am% - — ---- - - - – 4:x 4.00% 6ma 2.00% eavx 0.00% t69Y 4.00%- 2010 2011 2012 2013 2014 2015 2016 —Median Household Income —Median Rent Source: American CmmoanitYSurveY2016-5 yewbUrnams ' Renters Spending 30% or More of Household Income on Rent 65 51F M 6.2010 1 )CO) -)011 $C06-)Oli 2009-2015 )014-2016 )011-2015 64% of Santa Ana Residents are Rent Burdened 31% Spend SD% or More of Household Income on Rent Seup:amen'M CmmmunMSurvvr>016-Sw)Fai�-lib ' 25% ZO% Percent of Residents Living in Poverty Santa Ana –22.1% Garden Grove -17.6% I Fullerton -16.8% 11 Anaheim -16.5% I --- Costa Mesa -14.5% 15%_ - - _ Tustln-13_6%- GI I Y GUUNGIL MINUTES 6 FEBRUARY 6, 2018 10 B-6 Costa -Hawkins Rental Housing Act (1995) — Prevents rent control on properties occupied after February 1st, 1995. — Single-family residences including condominiums are ineligible for rent control. — Allows rents to be reset at market rate when tenants move out. — CA Civil Code: CHAPTER 2.7. Residential Rent Control [1954.50 - 1954.535] Santa Ana Housing Stock Occupied N,Occupied • Santa Ana has 41,891 Renter -Occupied Units — 94.961A built before 1995 — 70.9% am Multifamily • Aooro)dmately 67% of Santa Ana's rental units (28.066) would be eligible for rent control under Costa Hawkins Swrte:AmariuoCanununtty3urvert0l6 Academic Perspective: Overview of Rent Stabilization Measures Dr. Richard Green, Lusk Chair in Real Estate, USC Price School of Public Policy and Marshall School of Business / The academic literature generally does not care for rent control / Implicit subsidy is poorly targeted / Pollakowski s work on New York City / Many vulnerable people are made worse off / Diamond on San Francisco. Costs and benefits even out, but some of the costs fall on low income people / Malpezzi. High income people stay in lower quality, inexpensive buildings longer than they otherwise would, meaning low income people compete for higher cost housing / Discourages mobility I, Particularly important issue in California / Discourages renovation But... I, Richard Amott notes that because of land use regulation, many landlords earn windfalls that have nothing to do with risk taking/investment. These are Ricardian rents. / We know that stability is very important for children. There is a policy interest in allowing families with children to stay in place. Sharp rent hikes can undermine this. (Haurin, Parcel and Haurin). I, Still, zoning reform and direct subsidies would almost surely produce better outcomes. But zoning reform in a region with > 100 municipalities is extremely CITY COUNCIL MINUTES 7 FEBRUARY U, LU16 10 B-7 Integrity and Autonomy of the Board ► An integral part of the city government which exercises its powers and duties independently of the City Council, City Manager and City Attorney. / The Administrator presents the annual budget to the Board for their review, recommendations, revisions and approval following a public hearing. (RCL, Section 1802(a)) / The Board's reasonable and necessary expenses are financed by charging landlords annual registration fees. (RCL, Section 1803(n)) • The Board sets the fee at an amount they deem reasonable up to a maximum of $288 per controlled unit. • Half of the fee may be passed through to tenants as a monthly surcharge. • Currently $198/controlled unit/year. • Approximately 26,360 billable units for FY 2017/2018. • No money is received from the City's general fund. The Board's Powers and Duties (RCL, Section 1803(f)) (1) Set the rent ceilings for all controlled rental units. (2) Require registration of all controlled rental units under Section 1803(q). • Allows for development/maintenance of one of the Agency's most important resources, the ownership and rent registration database. (3) Establish a base rent ceiling on rents under Section 1804(b). (4) Make adjustments in the rent ceiling in accordance with Section 1805. • Citywide annual rent increase = 75% of change in LA -area CPI • Individual adjustments: • Upward if owner is not making a fair return • Downward if owner fails to maintain the unit or common areas or removes amenities and/or housing services (5) Set rents at fair and equitable levels to achieve the intent of this Article. (6) Hire and pay necessary staff, including hearing examiners and personnel to issue orders, rules and regulations, conduct hearings and charge fees as set forth below. (7) Charge and collect registration fees, including penalties for late payments. Santa Monica Housing Characteristics • Approximately 46,000 occupied housing units in the City (U.S. Census, 2012 American Community Survey, estimate) Renter -Occupied —71% Owner -occupied —28% • Approximately 34,000 units potentially subject to the rent control law • Temporary use exemptions (4,700 units) • Rent control registration fee waivers (5,200) 9,11 T UUUMAL ming res ' woo FEBRUARY 6, 2018 Agency Divisions / Administration (4.5 staff members + 6 office support team members) ► Public Information (6 staff members) / Hearings (5.5 staff members) / Legal (3 staff members) / TOTAL: 25 Staff Members AGENCY BUDGET FY 16-17 FY 17-18 j ACTUAL ADOPTED EXPENSES BUDGET TOTA=SALARIES ES 4,270,202 4,357,276 TOTAL SUPPLIES & EXPENSES 588,951 633,917 TOTAL CAPITAL OUTLAY 52,4971 190,500 TOTAL BUDGET 4,911,6501 5,181,693 Santa Monica Rent Control Law / Integrity and Autonomy of the Board / The Board's Powers and Duties (RCL, Section 1803(f)) / Santa Monica Housing Characteristics • Administration (4.5 staff members + 6 office support team members) • Public Information (6 staff members) • Hearings (5.5 staff members) Legal (3 staff members) TOTAL: 25 Staff Members Agency & Board Collaborations ► City Attorney's Office CITY COUNCIL MINUTES 10 B-9 FEBRUARY 6, 2016 • Tenant harassment • Relocation benefits • Buyout agreements • Fair housing issues Code Enforcement Maintenance and habitability of rental units • Housing code violations • Other Municipal Code violations Planning and Building and Safety • Sign -off on building and demolition permits on controlled properties • Means and Methods plans for construction work in occupied properties • Seismic safety retrofitting considerations Statewide Consortium of Rent Control Jurisdictions Alternatives to Rent Stabilization / City or County Affordable Housing Bond / Establish a Community Revitalization Investment Authority ► Inclusionary Housing ► Density Bonus / Support the development of more affordable housing / Support the development of more conventional rental housing 0 Just Cause Eviction Ordinance What is a Just Cause Eviction Ordinance? / Just Cause Eviction Ordinances are laws that protect tenants from arbitrary, discriminatory or retaliatory evictions while ensuring that landlords can evict tenants as long as they have a lawful reason for doing so. / Cities that have Just Cause Eviction Ordinances allow landlords to evict a tenant only for specific reasons, such as failure to pay rent or for violation of the lease terms. What is Considered a Just Cause Eviction? / Local ordinances vary on what type of actions can result in a Just Cause Eviction. / Some of the most common types of action that can lead to a Just Cause Eviction are: Failure to pay rent • Use of premises for illegal purposes Failure to follow rules and regulations of landlord • Damaging the unit • Landlord elects to move -in as principal residence • Landlord seeks to remove unit from rental market ► Requires landlord to specify just cause in the notice of termination Cities that have Just Cause Eviction Ordinances / San Francisco -(In SF just cause only applies to rental housing built or substantially remodeled before 1979) GI I Y GUUNGIL MINUTES 10 FEBRUARY 6, 2018 10B-10 / Oakland / Berkeley / Hayward ► Glendale / Los Angeles (Only applies to rent -controlled units) / Santa Monica / West Hollywood / Beverly Hills ► San Diego / Palm Springs The following spoke on the matter: • Matthew Buck Vice President of Public Affairs for the California Apartment Association, Orange County Division, opined City faces serious housing challenges, lack of availability continues to push demand up and results in higher prices; expressed commitment in finding solutions to challenges and opined any solution related to rent stabilization/rent control would deter investments in the community. • Nicholas Dunlap, opined housing is an important issue nationwide and rent stabilization and rent control is misguided. • Adam Wood, opined rent stabilization and rent control will not address housing shortage. • Rick Roshan, opined rent control is not the answer. • Tommy Thompson, opined there is a housing crisis and rent control is bad policy. • Vickie Talley, encouraged City Council to seek help from housing organizations. Opined rent control is not the answer. • Julie Paule, expressed opposition to rent control. • Johnathon Hernandez, opined the five-year Strategic Plan designed to displace families and to harm and disrupt the existing community; supports community safety and eradication of inequality. • Ivan Enriquez, expressed support for rent control and housing affordability. • Ugochi Anaebere-Nicholson, expressed support for rent stabilization. • Mario Chavez, expressed support for rent control and investments in youth. • Keith Braman, expressed support for housing solutions. • Joese Hernandez, opined rent control is a community need. • Barbara Kidder Garcia (Nancy Mejia read speaker's statement.), opined dignified and stable housing plays a significant role in keeping the community healthy and expressed support for an ordinance that will afford tenants protection. • Alexis Teodoro, expressed support for strong tenant rights ordinance and rent control. • Sylvia, addressed the City Council to share her eviction experience. • Araceli Robles, addressed City Council to request support for Santa Ana residents and more housing. CITY COUNCIL MINUTES 17 FEBKUAKY to, ZUIa 1OB-11 • Adela Montanez, on behalf of resident, expressed support for tenant protections and dignified housing. • Idalia Rios, expressed support for rent control and accessible housing. • Ignacio Lopez, opined Santa Ana youth should not be forced to choose between working to help their family and pursuing an education. • Yanely Matute, addressed City Council to request support for Santa Ana renters. • Ruben A Barreto, opined workgroup should include community stakeholders. • Zabdi Alvarez, expressed support for tenant protection ordinance. • David Carbajal, encouraged City Council to implement a just cause eviction and rent stabilization ordinance. • Isuri Ramos, expressed support for statements made in support of tenant protections and need for just cause eviction policy. • Lucero Garcia, addressed City Council to request support for rent control and just cause eviction. • Alma Leyva on behalf of Anna Ordaz, expressed support for community members and tenant protections. • Jose Morales on behalf of Jose Pena, expressed support for just cause eviction ordinance. • Abel Ruiz, expressed support to create a workgroup to discuss rent control. • Sarai Arpero (Translation needed), opined it is not normal to live in fear of being eviction and expressed support for • Gema Suarez, expressed support of efforts by community groups and stakes holders to pass ordinance that will afford tenants the protections they need. • Cinthya Trejo, opined children and adult with special needs face additional struggles would benefit from rent control. • Cesar Covarrubias, echoed comments made by tenants and residents of Santa Ana. • Jeff Bigelow, expressed support for rent control, tenant rights, and just cause. • Hugo Solbrzano, opined displacement is caused by increase in rent and gentrification that effect low income residents; supports tenant protection and rent control ordinances. • Hairo Cortes, opined rental protection polices are needed to contain a growing housing crises. d • Erik Garcia, opined need for workgroup to address rent control. • Karla Juarez, expressed need for committee for the people. • Rick Julian, noted common goal of fair quality housing and unjust evictions; opposed to rent control. • Paola Robles, addressed City Council and requested change in the City. • Frankie Alvarez, expressed opposition to rent control and rent stabilization. • Elia Tovar (Speaker not present, but resident read statement on her behalf) expressed support for tenant protection ordinance. GI I Y GUUNGIL MINUTES 12 FEBRUARY 6, 2018 1OB-12 Council discussion ensued. Councilmember Sarmiento, opined necessity to continue to have intelligent and thoughtful conversation; establish a group to develop recommendations; need to be sensitive of being a renter, overcrowding causes secondary impact, and need to focus on bad actors to address substandard housing conditions. Councilmember Tinajero, opined majority of Santa Ana community lives in fear of being evicted, need to have discussion to understand each other, and low income residents need for dignified housing. * Councilmember Tinajero left the meeting at 9:51 p.m. and did not return. Councilmember Benavides, expressed need for accessible housing, several substandard properties within the City of Santa, and tenants fears of being evicted as a result of contacting code enforcement or complaining to landlord; requested consideration of options for self policing and do not allow retaliatory evictions; suggested longer term leases; housing opportunities fund and public-private partnerships and icentivize landloards to improve the properties; address the needs of our residents and provide dignified living.. Councilmember Villegas, noted his experiences living intolerance for slumlords, and opined the need for all to safe environment; need to be fair and just for all; not business and fair residents in an apartment, live in a clean and one solution; pro- Councilmember Solorio, opined need for affordable housing and possibility of increasing housing by building condominiums and townhomes; expressed concern of past policies on this subject doesn't target the right people and need to increase housing stock; affordable housing needed; statewide issue; revisit the PREP program for owner/tenant program; pro- labor local hire and project labor agreements; tenant component to the Rental Task Force to consider Mayor Pro Tem Martinez, noted City experienced a rapid growth of residents while housing production remained low; opined that City on the verge of rapidly building the housing needed and. not having the infrastructure to support it. Mayor Pulido, noted that City of San Francisco has rent control and it is not effective program; consider granny flats but sometimes have unintendended consequences such as lack of parking; requested statistical report from professor of options to consider; also, opined that US Census data has resident undercount. CITY COUNCIL MINUTES 13 FEBRUARY 6, 2016 1OB-13 CLOSED SESSION REPORT - City Attorney Carvalho noted that there was no reportable action. PUBLIC COMMENTS • Nick Spain, spoke on Agenda Item 17A and representing Old Orchard Conservancy, urged a no vote on matter, and commented that staff report does not identify the property correctly. CONSENT CALENDAR ITEMS MOTION. Approve staff recommendations on the following Consent Calendar Items 10A through 29A with the following modifications: • Mayor Pro Tem Martinez, dissented on Agenda Item 25A; and • Councilmember Sarmiento, dissented on Agenda Item 19C. MOTION: Solorio VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinajero (1) ADMINISTRATIVE MATTERS MINUTES 10A. MINUTES FROM THE REGULAR MEETING OF JANUARY 16, 2018 {STRATEGIC PLAN NO. 5, 1) — Clerk of the Council Office MOTION. Approve Minutes. FINAL TRACT MAP NOTIFICATIONS Pursuant to Section 34-183 of the Santa Ana Municipal Code, the City Engineer has received this Final Map and is in the process of reviewing the map for final approval. The City Engineer shall approve or disapprove this map within 10 days of the City Council Meeting. CITY COUNCIL MINUTES 14 FEBRUARY 6, 2018 1OB-14 17A. RECEIVE AND FILE CERTIFICATION AND APPROVAL OF FINAL TRACT MAP NO. 17231 BY CITY ENGINEER (1584 EAST SANTA CLARA AVENUE) {STRATEGIC PLAN NO. 3, 2} - Public Works Agency MOTION: Receive and file. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None 19B. EXCUSED ABSENCES — None 19C. APPROVE DESTRUCTION OF OBSOLETE CITY RECORDS {STRATEGIC PLAN NO. 5, 1} — Clerk of the Council Office 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. *Councilmember Sarmiento dissented on Agenda Item 19C. 19D. RECEIVE AND FILE QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES OCTOBER 2017 — DECEMBER 2017 {STRATEGIC PLAN NO. 5, 31 - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on January 24, 2018 by a vote of 7-0 (Frazier absent). MOTION: Receive and file. 19E. RECEIVE AND FILE PUBLIC WORKS AGENCY STATUS OF PROJECTS - MONTHLY CAPITAL IMPROVEMENT PROGRAM EXECUTIVE REPORT FOR JANUARY 2018 {STRATEGIC PLAN NO. 5, 1} - Public Works Agency MOTION: Receive and file. CITY COUNCIL MINUTES 15 FEBRUARY 6, 2018 1OB-15 BUDGETARY MATTERS SPECIFICATIONS — PURCHASE OF EQUIPMENT AND SERVICES 22A. SPEC. NO. 17-134 - AWARD PURCHASE ORDER FOR MOTOR OPERATED BUTTERFLY VALVES {STRATEGIC PLAN NO. 6, 2} (Public Works Agency) - Finance and Management Services MOTION. Authorize a one-time purchase and payment of purchase order to DeZURIK, Inc., in the amount of $77,000, plus a $3,000 contingency, for a total amount not to exceed $80,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. 22B. SPEC NO. 15-114 -APPROVE CONTRACTS AMENDMENT FOR REPAIR OF HEATING -VENTILATION -AIR CONDITIONING (HVAC) SYSTEMS AT VARIOUS CITY FACILITIES: POLICE ADMINISTRATION, JAIL FACILITY AND CITY HALL {STRATEGIC PLAN NO. 6, 1C} (Public Works Agency) Finance and Management Services MOTION. Approve amendment to blanket purchase order contracts by changing the $100,000 allocation to each of the following vendors to an annual aggregate amount not to exceed $400,000 and allow all four vendors to conduct maintenance, repair and preventative inspections of HVAC systems equipment at all City facilities. Vendor Location ACCO Engineered Systems Glendale FM Thomas Air Conditioning, Inc. Brea Johnson Controls, Inc. Cypress Trane City of Industry AGREEMENTS 25A. APPROVE AN AGREEMENT FOR INSTALLATION OF IRRIGATION CONTROLLERS IN THE CIVIC CENTER {STRATEGIC PLAN NO. 6, 113} - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with STL Landscape, Inc. in an annual amount not to exceed $93,500, which includes a 10% contingency, for a term of six months from the date of agreement execution, subject to non - substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-018). "Mayor Pro Tem Martinez, dissented on Agenda Item 25A. �1 i r 1,UUrvciL MINU i CS 16 FEBRUARY 6, 2018 1OB-16 2513. APPROVE AN AGREEMENT FOR A PARK CARNIVAL OPERATOR AT CITY OWNED PARKS {STRATEGIC PLAN NO. 5, 413) - Parks, Recreation and Community Services Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Fiesta de Carnival in the annual amount of $42,250 for a two-year term with three one-year renewal options, subject to non -substantive changes approved by the City Manager and City Attorney. (AGMT. No. 2018-019). 25C. APPROVE EMPLOYEE GROUP INSURANCE RENEWALS WITH METLIFE DENTAL, DELTA DENTAL, AND APPROVE AMENDED AGREEMENT WITH KEENAN AND ASSOCIATES TO INCLUDE DENTAL SERVICES {STRATEGIC PLAN NO. 7, 61 — Personnel Services Agency MOTION., 1. Authorize the City Manager and Clerk of the Council to execute a new agreement with MetLife Dental, subject to non -substantive changes approved by the City Manager and City Attorney, to provide employee HMO dental plan services from January 1, 2018 to December 31, 2018 at a monthly cost of $28.53 Single and $48.76 Family (AGMT. No. 2018-020). 2. Authorize the City Manager and Clerk of the Council to execute a new agreement with Delta Dental, subject to non -substantive changes approved by the City Manager and City Attorney, to provide employee PPO dental plan services from January 1, 2018 to December 31, 2019 at a monthly cost of $52.56 Single and $129.44 Family (AGMT. No. 2018-021). 3. Authorize the City Manager and Clerk of the Council to execute an amended agreement with Keenan and Associates, subject to non - substantive changes approved by the City Manager and City Attorney, to expand the scope of the current agreement to include employee dental plan services, and execute the first contract extension for Keenan to provide services through June 30, 2021 as allowed by the agreement terms. (AGMT. No. 2018-022). 25D. AGREEMENT FOR SPECIAL LEGAL COUNSEL SERVICES RELATED TO POLICE DEFENSE LITIGATION SERVICES {STRATEGIC PLAN NO. 1, 3, 4, 51 - City Attorney's Office and Personnel Services Agency MOTION: Authorize the City Manager and the Clerk of the Council to execute an agreement with Cota Cole & Huber LLP, for a one year term from February 6, 2018 until February 5, 2019 for a maximum amount CITY COUNCIL MINUTES 17 FEBRUARY 6, 2018 1OB-17 to be spent of $250,000, subject to non -substantive changes approved by the City Manager and the City Attorney (AGMT. No. 2018-023). 25E. AWARD AGREEMENT FOR WATER SYSTEM CONTROL DESIGN, DOCUMENTATION, AND TESTING SERVICES (NONGENERAL FUND) {STRATEGIC PLAN NO. 6, 2} - Public Works Agency MOTION. Authorize the City Manager and Clerk of the Council to execute an agreement with Enterprise Automation for a three-year period beginning February 6, 2018, and expiring February 5, 2021, with provisions for a two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $200,000 annually, for a total amount not to exceed $1,000,000 for the five-year period, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-024). 25F. APPROVE AN AGREEMENT FOR DESIGN SERVICES FOR WARNER AVENUE IMPROVEMENTS - PHASE 2 (OAK STREET TO WRIGHT STREET) (PROJECT NO. 18-6901) {STRATEGIC PLAN NO. 6, 1G} - Public Works Agency MOTION: Authorize the City Manager and Clerk of the Council to execute an agreement with Kimley-Horn and Associates, Inc., for a two-year period beginning February 6, 2018, and expiring on February 5, 2020, with the option for a one-year renewal exercisable by the City Manager and City Attorney, in the total amount not to exceed $940,000, which includes an approximate five percent design contingency in the amount of $45,361, subject to nonsubstantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-025). MISCELLANEOUS - BUDGET 29A. DONATION AGREEMENT WITH VARIOUS ORGANIZATIONS TO SUPPORT COMMUNITY EVENTS AND PROGRAMS {STRATEGIC PLAN NO. 5, 4} - City Manager's Office MOTION. 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: a. Crime Survivors Inc. in support of on-going services that provide awareness, prevention, advocacy, and healing for Santa Ana residents that have endured violent crimes or abuse, in a one-time donation amount of $500 (Councilmember Solorio); CITY COUNCIL MINUTES 18 FEBRUARY 6, 2018 1OB-18 b. Crime Survivors Inc. in support of on-going services that provide awareness, prevention, advocacy, and healing for Santa Ana residents that have endured violent crimes or abuse, in a one-time donation amount of $500 (Councilmember Villegas). **END OF CONSENT CALENDAR** BUSINESS CALENDAR RESOLUTIONS 55A. ADOPT A RESOLUTION TERMINATING THE JOINT POWERS AGREEMENT OF THE COUNTYWIDE PUBLIC FINANCING AUTHORITY AND DISSOLVING THE AUTHORITY UPON CONCURRENCE OF ALL MEMBERS {STRATEGIC PLAN NO. 4, 1) - Finance and Management Services Councilmember Benavides, directed staff to provide overview on debt management policy, notate any significate changes to City policies. MOTION: Adopt a resolution. RESOLUTION NO. 2018-005 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING THE DISSOLUTION OF THE COUNTYWIDE PUBLIC FINANCING AUTHORITY MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solodo, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 55B. ADOPT RESOLUTIONS AND AUTHORIZE GRANT APPLICATIONS FOR WATER RECYCLING FUNDING AND WATER SMART DROUGHT RESPONSE PROGRAMS (NONGENERAL FUND) - {STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency MOTION: CITY COUNCIL MINUTES 19 FEBRUARY 6, 2018 1. Adopt resolutions. a. RESOLUTION NO. 2018-006 COUNCIL OF THE CITY OF PARTICIPATION IN THE RESOURCES CONTROL FUNDING PROGRAM FOR MASTER PLAN - A RESOLUTION OF THE CITY SANTA ANA AUTHORIZING CITY CALIFORNIA STATE WATER BOARD'S WATER RECYCLING THE CITY'S RECYCLED WATER RESOLUTION NO. 2018-007 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING CITY PARTICIPATION IN THE BUREAU OF RECLAMATION'S WATERSMART DROUGHT RESPONSE PROGRAM FOR THE WELL #32 REHABILITATION PROJECT 2. Authorize the Executive Director of Public Works to submit a grant application for the California State Water Resources Control Board's Water Recycling Funding Program for the Recycled Water Master Plan in the amount of $75,000. 3. Authorize the Executive Director of Public Works to submit a grant application for Department of the Interior, Bureau of Reclamation's WaterSMART Drought Response Program for Well #32 Rehabilitation Project in the amount up to $750,000. MOTION: Solorio SECOND: Martinez VOTE: AYES: Benavides, - Martinez, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) 55C. ADOPT A RESOLUTION TO INCLUDE ALL SANTA ANA PROPERTIES TO BENEFIT FROM ACCESS TO PROPERTY ASSESSED CLEAN ENERGY FINANCING PROGRAMS {STRATEGIC PLAN NOS. 5,2; 3,5) - Public Works Agency MOTION. Adopt a resolution. RESOLUTION NO. 2018-008 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CONSENTING TO THE INCLUSION OF PROPERTIES WITHIN THE TERRITORY OF THE CITY IN THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY OPEN PACE U IT UUUNUIL MINUTES 20 10B-20 FEBRUARY 6, 2018 PROGRAMS; AUTHORIZING THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS, CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS, AND LEVY CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY; AND AUTHORIZING RELATED ACTIONS MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solodo, Villegas (6) None (0) None (0) Tinajero (1) 55D. ADOPT A RESOLUTION ESTABLISHING THE DEBT MANAGEMENT POLICY {STRATEGIC PLAN NO. 4, 1} - Finance and Management Services Economic Development, Infrastructure, Budget and Technology Council Committee was presented with a draft of the Debt Management Policy on January 8, 2018. Councilmemer Benavides requested a brief overview of the Debt Management Policy. MOTION: Adopt a resolution. RESOLUTION NO. 2018-009 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING THE CITY OF SANTA ANA DEBT MANAGEMENT POLICY MOTION: Sarmiento VOTE: AYES: NOES: ABSTAIN: ABSENT: REPORTS SECOND: Villegas Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) None (0) None (0) Tinajero (1) CITY COUNCIL MINUTES 21 FEBRUARY 6, 2018 1 OB -21 65A. HOMELESS SERVICES QUARTERLY REPORT FOR OCTOBER 2017 — DECEMBER 2017 {STRATEGIC PLAN NOS. 1,6; 5,4; 5,6} - Community Development Agency Community Redevelopment and Housing Commission approved the recommended action on January 24, 2018 by a vote of 7-0 (Frazier absent). Police Captain Gominsky provided a quarterly update on the City's housing efforts addressing homelessness and highlighted the implementation of a 30 -day pilot program, Quality of Life Team, within the City of Santa Ana. Councilmember Benavides, opined report and updates provide real life impact and results and noted positive team work and leadership. Councilmember Sarmiento, clarified previous direction to staff to research amount of funds County has expended and amount remaining. MOTION: Receive and file report; and verbal update. MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN. None (0) ABSENT: Tinajero (1) PUBLIC HEARINGS * Mayor Pulido abstained on Agenda Item 75A out of an abundance of caution for knowing some of the business providers. Mayor Pro Tem Martinez assumed the Chair. 75A. ADOPT RESOLUTION TO AMEND THE MISCELLANEOUS FEE SCHEDULE TO ADD A FEE FOR ELECTRIC VEHICLE CHARGING STATION USE; APPROVE AGREEMENTS FOR INSTALLATION, NETWORKING AND MAINTENANCE OF 10 ELECTRIC VEHICLE CHARGING STATIONS {STRATEGIC PLAN NO. 6, 2} — Finance and Management Services Mayor Pro Tem Martinez opened the Hearing. There were no speakers and the Hearing closed. I T %,UUNUIL menu i is 22 FEBRUARY 6, 2018 1 OB -22 Councilmember Benavides, noted service is being provided to support clean emissions. Mayor Pro Tem Martinez, opined need to be fair to the general public by also charging public employees, to have a balance approach, and Santa Ana community needs for electrical charging stations. City Manager Godinez, noted pilot program in another City promote charging station, working class community awareness, and proposed rates are very low. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2018-010 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ESTABLISHING A FEE SCHEDULE FOR ELECTRIC VEHICLE CHARGING STATIONS 2. Authorize the City Manager and Clerk of the Council to execute a five-year agreement with Voltaic for the period of February 6, 2018 through January 31, 2023, for the purchase, installation, networking, and maintenance warranty for ten electric vehicle charging stations at various City locations in a total amount not to exceed $231,783 plus a contingency of $20,000 for a total amount of $251,783, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-026). 3. Authorize the City Manager and Clerk of the Council to execute a five-year Master Services and Subscription Agreement with ChargePoint Inc. for the period of February 6, 2018 through January 31, 2023 for the use of ChargePoint services on the ten electric vehicle charging stations., subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2018-027). MOTION: Villegas SECOND: Benavides VOTE: AYES: Benavides, Martinez, Sarmiento, Solorio, Villegas (5) NOES: None (0) ABSTAIN: Pulido (1) ABSENT: Tinajero (1) CITY COUNCIL MINUTES 23 k-MSKUAKT O, LV 10 1 OB -23 75B. ZONING ORDINANCE AMENDMENT NO. 2018-01 TO AMEND CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE TO ALLOW CHURCHES AS A CONDITIONALLY PERMITTED USE IN THE PROFESSIONAL AND SOUTH MAIN STREET COMMERCIAL ZONING DISTRICTS — CITY OF SANTA ANA, APPLICANT - Planning and Building Agency Planning Commission approved the recommended action on January 22, 2018 by a vote of 6-0 (Nguyen absent). Mayor Puido opened the Hearing. There were no speakers and the Hearing closed. MOT/ON. Place ordinance on first reading and authorize publication of title. ORDINANCE NO. NS -2938 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-313.5 AND 41- 522 OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE MOTION: Benavides SECOND: Sarmiento VOTE: AYES: Benavides, Martinez, Pulido, Sarmiento, Solodo, Villegas (5) NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero and Villegas (2) COMMENTS PUBLIC COMMENTS • Janie Chapman, expressed opposition to 2525 Main Street development project. • Dale Helvig expressed opposition to 2525 Main Street development project. • Michael Feinstein, opined need for a 500 seat State Legislature system, need for local community to participate in a regional public policy debate, and lack of proportional representation system. • Carlo opined need to widening street on McArthur Blvd. Noted fallen street light on Bristol Street has been left unattended by City. • Rayshaun Gadson, addressed City Council to propose a dedicated cannabis area in the City. V1S9 VVVIYVILIYIIIYu1CO 24 FEBRUARY6,2018 1OB-24 RECESSED CITY COUNCIL MEETING AT 11:15 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 11:16 P.M. 90A. CITY MANAGER'S COMMENTS • Commented on passing of Dan Gurney; • Opening of the Orchard on First Street; • WORK Center had several recruitment efforts including Amazon. 9013. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento: • Noted that he had the pleasure of meeting Dan Gurney; • Reported on Legislative Affairs, Ethics and Transparency Committee meeting actions; • Opined that it was important for City to have a Communications Manager to have focused messaging. Mayor Pro Tem Martinez: Provided updated on Prop. 64 adult use from Regional Council, ability to recover costs, and implementation on best practices. Councilmember Solorio: • Commented on Homelesseness moved out of the riverbed; recent meeting with Supervisor Do, possibility of having Sherriffs perform additional education and enforcement in areas where there is a joint enforcement responsibility, and • Request that staff coordinate with Orchard to organize a follow up ribbon cutting ceremony. Councilmember Villegas: Provided updates as Chair of the Youth, Education, and Community Services Committee, and the Santa Ana Unified School District and City of Santa Ana Joint Policy Committee Councilmember Benavides: • Attended Relampago del Cielo annual showcase at Santa Ana High School, • Need to invest in our youth, create skate elements and parks, opportunity to partner with the business community to create open spaces; and • Read statement by Mrs. Gurney on the recent passing of race car driver legend Dan Gurney. CITY COUNCIL MINUTES 25 1 OB -25 Mayor Pulido: • Requested meeting be adjourned in memory of Vic Edge and Dan Gurney. Adjourned Meeting in Memory of Dan Gurney and Vic Edge ADJOURNED- 11:40 P.M. - The next meeting of the City Council will be held on Tuesday, February 20, 2018 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 — NO DATE SCHEDULED • Planning Commission Appeal of The Madison, 200 N. Cabrillo Park, Dr. • Adoption of Fiscal Year 2018-19 Budget • Adoption of Bristol Street Corridor Plan Update • Adoption of Zoo Master Plan • Policy on Use of General Reserve and Enterprise Funds • Policy on Sale of Remnant Parcels • Jail Reuse Study • Work Study Sessions: o Accessory Dwelling Units Ordinance o Affordable Housing Funds Policies and Procedures o Mobile Vending Ordinance o Work Cooperatives o Review of Parking, Permits and Opportunities o Commercial Cannabis Non -Retail CITY COUNCIL MINUTES 26 FEBRUARY 6, 2018 1 OB -26 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: � r CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 18' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For_ CONTINUED TO FILE NUMBER On February 6, 2018, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 5-0 (Tinajero and Villegas absent): ORDINANCE• ' C AN ORDINANCE OF OF OF SANTA ANA AMENDING SECTIONS 41-313.5 AND 41-522 OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE In summary, the ordinance will update the City's zoning code to allow churches in the Professional and South Main Street Commercial zoning districts and will ensure compliance with the Religious Land Use and Institutionalized Persons Act (RLUIPA). 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). 11 A-1 Ordinance ® Second Reading: Zoning Ordinance Amendment No. 2018-01 to Amend Chapter 41 February 20, 2017 Page 2 There is no fiscal impact associated with this action. Maria D. Huizar, Clerk of the Council EXHIBIT: Ordinance No. NS -2938 11A-2 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-313.5 AND 41- °522 OF -'CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE` 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. Various sections within Chapter 41 of the Santa Ana Municipal Code (Zoning) have been revised periodically over the last several years to respond to changes in development, to adopt new permitting procedures, and to comply with changes to state and federal laws. Ina continuing effort to establish high- quality development standards and to create a user-friendly environment for residents and the business community within the city, the Planning Division is proposing revisions to various sections of the Zoning Code. B. The proposed changes and additions to the Zoning Code will protect religious individuals and institutions and treat "such uses similar to other assembly uses in the Professional (P) zoning district and the South Main Commercial (C -SM) zoning district while protecting the health, safety, and welfare of the city and limiting undue strain on the community. C. Zoning Amendment No. 2018-01 amends Sections 41-313.5 and 41-522 of Chapter 41 of the Santa Ana Municipal Code. D. On January 22, 2018, the Planning Commission held a duly noticed public hearing and voted to recommend that the City Council adopt Zoning Ordinance Amendment No. 2018-01 to amend Sections 41-313.5 and 41-522 of Chapter 41 of the Santa Ana Municipal Code (SAMC). E. 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 to, 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 Environmental Quality Act Section 15061(b)(3), and a Notice of Exemption will be filed upon adoption of this ordinance. Ordinance No. NS-xx Page 1 of 4 11 A-3 Section 3. Section 41-313.5 of the Santa Ana Municipal Code, uses subject to a conditional use permit in the Professional zoning district (P), is hereby amended to read as follows: Sec. 41-313.5. - Uses subject to a conditional use permit in the P district. The following may be permitted in the P district, subject to the issuance of a conditional use permit: a. Convalescent hospitals, nursing homes, rest homes and extended care facilities. b. Hospitals. c. Trade and professional schools. d. Health clubs and gymnasiums. e. Recreational or entertainment uses if carried on in conjunction with any of the uses specified in clauses (e), (f) and (k) of section 41-313. f. Ambulance and emergency medical response services. g. Non -freestanding commercial and service uses which are open at any time between the hours of 12:00 midnight and 5:00 a.m., provided that such uses also meet the standards for commercial and service uses permitted under section 41-313, and further provided that such uses have less than twenty thousand (20,000) square feet of floor area. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. i. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. j. Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. k. Adult day care facilities. I. Clubs, fraternities and lodges. m. Bail bond uses, subject to development and operation standards set forth in section 41-323. Ordinance No. NS-xx Page 2 of 4 11 A-4 n. Churches and accessory church buildings. Section 4. Section 41-522 of the Santa Ana Municipal Code, uses subject to a conditional use permit in the C -SM zoning district (South Main Commercial District), is hereby amended to read as follows: Sec. 41-522. - Uses subject to a conditional use permit in the C -SM district. The following uses may be permitted in the C -SM district subject to the issuance of a conditional use permit: a. Clubs, lodges and fraternal organizations. b. Outdoor and indoor recreational or entertainment uses including night clubs, other than those set forth in section 41-521. c. Hotels, motels, lodging houses, care homes, fraternity houses and sorority houses. d. Thrift and resale stores, antique shops and collectable stores, excluding pawn shops and auction houses. e. Eating establishments open at any time between the hours of 12:00 midnight and 5:00 a.m. and located within one hundred fifty (150) feet of residentially zoned or used property, measured from property line to property line. f. Laundromats. g. Ancillary outdoor dining facilities located in the front yard area. h. Banquet facilities, subject to development and operational standards set forth in section 41-199.1. L Banquet facilities as an ancillary use, subject to development and operational standards set forth in section 41-199.1. j. Automobile repair and automobile servicing. k. Retail markets having less than twenty thousand (20,000) square feet of floor area which are open at any time between the hours of 12:00 midnight and 5:00 a.m. I. Churches and accessory church buildings. Ordinance No. NS-xx Page 3 of 4 11 A-5 Section 5. If any section, subsection, 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, or portions be declared invalid or unconstitutional. ADOPTED this day of 2018 Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 4<' c.0 ._............. .._.......... 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 Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2018, 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 11 A-6 Ordinance No. NS-xx Page 4 of 4 MAYOR Miguel A. Pulido MAYOR PRO TEM Michele Martinez COUNCILMEMBERS P. David Benavides Vicente Sarmiento Jose Solodo Sal Tinajero Juan Villages • VIZa a I U Clerk of the Council Office 20 Civic Center Plaza, M-30 a P.O. Box 1988 Santa Ana, California 92702 wvvw.santa-ana.org/coc NOTICE OF SECOND READING OF PROPOSED ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. CITY MANAGER Raul Godinez II CITY ATTORNEY Sonia R. Carvalho CLERK OF THE COUNCIL Maria D. Huizar The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments and stay informed about changes in land use, fees or other projects that might be important to you. We encourage you to contact us if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will consider adopting an ordinance to approve Zoning Ordinance Amendment No. 2018-01 to amend Chapter 41 of the Santa Ana Municipal Code to allow churches as a conditionally permitted use in the professional and South Main Street Commercial Zoning Districts. The title of the ordinance is as follow: ORDINANCE NO. NS -2938 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 41-313.5 AND 41-522 OF CHAPTER 41 OF THE SANTA ANA MUNICIPAL CODE Meeting Time and Date — This matter will be heard on Tuesday, February 20, 2018 at 5:45 p.m. or immediately following the 5:00 p.m. Closed Session, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92701. All persons interested in this matter are notified to appear at this time. How To Make Comments - If you do not wish to appear at the public hearing, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701 or via e-mail at ecommentsflsanta-ana.org (reference "City Council meeting") by 3:00 p.m. on the day of the meeting; e-mails received after said time will be on file for public viewing the day after the meeting. SANTA ANA CITY COUNCIL Miguel A. Pride Michele Madinez Vicente Sarmiento Jose Solmio P. David Benavides Juan Villages Sal Tinajero Mayor Mayor Pro Tem. Ward 2 Ward Ward Ward Ward Ward mP.11d.sisanta,anm.Prqmimartinezfdsene-amara vsarmiento(ftenta�ana.orn isolonoldsanta-ans.om tlbenevides(disanta-ana.omi IvillegasA.anta-armera stineiero(o)senta-ana ora 11 A-7 Who To Contact For Questions - Should you have any questions, please contact the Clerk of the Council Office at 714-647-6520 during regular business hours. Where To Obtain Copy of the City Council Agenda - All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City's website the Friday before a Council meeting at: http://www.santa-ana.orq/coc/granicus.asp Ordinance Second Reading Adoption and Petition Process - Ordinances become effective 30 days after second reading by the City Council, unless a referendum process is initiated. The city referendum process provides citizens with a vehicle to refer an ordinance passed by the City Council to a vote of the people. The referendum process must be accomplished in a very tight timeframe. California Elections Code Sections 9235-9247 provides the procedures for the municipal referendum process. For more information, please seek legal counsel. Si tiene preguntas en Espanol, favor de Ilamar al (714) 647-6520. Neu can lien lac bang tie -ng Viet, xin dign thoai cho Tony Lai s® (714) 565-2627. Maria ula�"� Clerk of the Council Publish: The O.C. Reporter Date: February 9, 2018 SANTA ANA CITY COUNCIL Miguel A. Pulldo Michele Martinez Vicente Sarmiento Jose Salorlo P. David Benavldes Juan Villages Sal Tlnajero Mayor Mayor Pro Tem, Ward 2 Ward 1 Ward 3 Ward 4 Ward 5 Ward 5 moul'do(dlsanta-ane ora mimerlinez(dsanta-ane.ora vsarmlento(asanla-ane ora sgl.[Igdda@Gj@-ana.org dbenevides(olsantaana.ora Ivllleoas(nlsanta-ana.ora slna'eroaa sante-ana ora 11 A-8 2/7/2018 AdTech Advertising System N'� e, vv _ Your order is sent!! Customer Information Customer Name SANTA ANA CITY CLERK, Master Id 52649 COUNCIL Address 20 CIVIC CENTER PLAZA M-30 Phone (714)647-5235 City SANTA ANA Fax (714)647-6956 State - Zip CA -92701 Ad Placement Information: Section of Newspaper and Type of Notice Legal GOVERNMENT - ORDINANCE PUBLICATION Order Information Attention Name SANTA ANA CITY CLERK Billing Reference ORANGE COUN No. --._-_ _ --- Ad Description 2ND READ CHURCHES Sale/Hrg/Bid 02/20/2018 ORD Date Special Instructions Orders Created Order Newspaper Publishing Dates Ad I Price Description I Price Ad Status No. Name ORANGE COUNTY 3098846 REPORTER, CA 02/09/2018 Order No. 3098846 ORANGE COU Depth Yn hes 4.50 * 1 Inserts 6.500 6.50" Lines $94.25 Sent : 79 1 1 Cols RTER View View Ad In PDF NOTICE OF SECOND READING OF PROPOSED ORDINANCE BY THE CITY COUNCIL OF THE CITY OF SANTA ANA, CA. The City of Santa Ana encourages the public to participate in the decision-making process. The following notice is being provided so that you can ask questions, make comments and stay informed about changes in land use, fees or other projects that might be important to you. We encourage you to contact us if you have any questions. NOTICE IS HEREBY GIVEN - The City Council of the City of Santa Ana will consider adopting an ordinance to approve Zoning Ordinance Amendment No. 2018-01 to amend Chapter 41 of the Santa Ana Municipal Code to allow churches as a conditionally permitted use in the professional and South Main Street Commercial Zoning Districts. The title of the ordinance is as follow: ORDINANCE NO. NS -2938 - An ordinance of the city council of the city of santa ana amending sections 41-313.5 and 41-522 of chapter 41 of the santa ana municipal code Meeting Time and Date - This matter will be heard on Tuesday, February 20, 2018 at 5:45 p.m. or immediately following the 5:00 p.m. Closed Session, in the City Council Chamber, 22 Civic Center Plaza, Santa Ana, California 92701. All persons interested in this matter are notified to appear at this tirrl�.'+c -FAake Comments - If you do https://adtech. d a i lyj ou rn al.com/dj/ace/customer/NewOrd er/N ewOrder_Ve rify_O rd e r. cfm?s id=6 E 8A9037-323 F-4 B28-A976-89684ABA653 F824715877&. 1/2 2/7/2018 AdTech Advertising System not wish to appear at the public hearing, you may also send your written comments to the Clerk of the Council, by mail to City of Santa Ana, 20 Civic Center Plaza — M30, Santa Ana, CA 92701 or via e-mail at ecomments@santa-ana.org (reference "City Council meeting") by 3:00 p.m. on the day of the meeting; a -malls received after said time will be on file for public viewing the day after the meeting. Who To Contact For Questions - Should you have any questions, please contact the Clerk of the Council Office at 714-647-6520 during regular business hours. Where To Obtain Copy of the City Council Agenda - All staff reports regarding any item on this agenda are available for public inspection in the Clerk of the Council Office during regular business hours and posted on the City's website the Friday before a Council meeting at: http://www.santa- ana.org/coc/granicus.asp Ordinance Second Reading Adoption and Petition Process - Ordinances become effective 30 days after second reading by the City Council, unless a referendum process is initiated. The city referendum process provides citizens with a vehicle to refer an ordinance passed by the City Council to a vote of the people. The referendum process must be accomplished in a very tight timeframe, California Elections Code Sections 9235-9247 provides the procedures for the municipal referendum process. For more information, please seek legal counsel. Si tiene preguntas en Espa"nol, favor de Ilamar al (714) 647-6520. Neu can li@n lac bang tle"ng Viet, xin dien thopi cho Tony Lai so" (714) 565-2627. Marla Huizar, Clerk of the Council Publish: The O.C. Reporter Date: February 9, 2018 11A-10 https:/Iadtech.d a i lyj ou rnal. com/dj/ace/customer/NewOrder/NewOrder_Verify_Order. cfmisi d=6 E8A9037-323F-4 B28-A976-89684ABA653 F824715877&... 2/2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CIT Y MANAGER RECOMMENDED ACTIONS CLERK OF COUNCIL USE ONLY: F-11:1=101TAAW ❑ As Recommended ❑ As Amended E) Ordinance on 18t Reading EI Ordinance on 2n' Reading El Implementing Resolution E3 Set Public Hearing For CONTINUED TO FILE NUMBER The Boards and Commissions Attendance Report is prepared biannually to inform the Council regarding member attendance at Board or Commission meetings. This report covers the period of July through December 2017. Pursuant to Council policy, the City Council may remove board or commission members who incur four (4) unexcused absences within the six-month reporting period. Also, Charter Section 901(c) provides that a member of a board or commission who absents him/herself from two (2) regular meetings of such board or commission, consecutively, unless by permission of such board or commission expressed in its official minutes, or fails to attend at least one-half (Y2) of the regular meetings of such board or commission within a calendar year, the office shall become vacant and shall be so declared by the City Council, Examination of the attendance report reveals that no current members have exceeded the limits for permitted absences. Therefore, the only action required is to receive and file the report. Approval of this matter 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. 13A-1 February 20, 2013 Page 2 There is no fiscal impact associated with this action. IWM�W, I IVA Exhibit 1. Biannual Attendance Reports (9) 13A-2 Exhibit 1 13A-3 W � 1 Z 1 v ry Ix p c i d L i S g x i 1 x w x x W I m >p r e a O m I U V ze O n K 41) (0 1 N i U rn 1 Ow x 'q 1 to O 1� 1 1 N x 3 x X. W X X N w 1 G 1 to C9 i Q d d x 1 i W w x x x J C N X W X x W x x W Z 2o ry Ix L N S d ) r e a U V t9 O n K 13A-4 13A-5 a 'O c w Q II X ti% W U Q O 2 W LU W 0 ro U W MN r N N x X X x x x x O O m tV N Z.5 Y d r X X X X X X X X N 0 OE N X X x X x X x X o I- aM W N F g N X XLUXXXXXX d A a� N x x X x x x x x x N >o J pl 7 .,N X x X X X a Q `m z p ro 120 LU � W pcp dl O m C C7 rte.. 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U 'S `.A 4 'S '✓ > l�� N `� , : W N n yTY 13A-16 71 ri ( { § ■ 2 ] \ § 12A.17 ./[(/{/ \/\D \ / ± CDCL f CD f� . § § �§ § > .x § �> § > w x x x 13A-18 Youth, Education & Community Services City Council Committee Monday, January 22, 2017 — 5:30 p.m. AGENDA CALL TO ORDER City Hail Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Councilmembers Villages (Chairperson) , Benavides & Tinajero Staff: Raul Godinez ll, City Manager; Gerardo Mouet, Exec. Director PRCSA. Recording Secretary: Ron Ono, Admin Services Manager PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENNQA ITEMS Approval of Community Services Minutes of the October 23, 2017 meeting 2. Santa Ana Zoo Master Plan Update (Strategic Plan no. 6.1g) 3. Update on Fiesta Patrias 2018 RFP and Next Steps (Strategic Plan no. 5.5c) 4. Update on Santa Anita Synthetic Field Park Project (Strategic Plan no. 6.2a) 5. Update on Youth Services Supervisor (Strategic Plan no. 2.1 a) 6. Discuss Concept for a Civic Center Regional Park (Strategic Plan no. 6.1g) 7. Discuss agenda for SAUSD/City of Santa Ana Council Joint Policy meeting (Strategic Plan no.2.16, If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title II, 28 CFR 35.102) Santa Ana City Council Mlguel A. Pulido, I Michele Martinez, Vicente Sarmiento, Jose solorio, P. David Benavides, Juan Villegas, ! Sal Tinajero, Mayor Mayor Pro Tem, Ward t Ward 3 Ward 4 Ward 5 I Ward 1 n(� N ame-enx om Ward 2 Dua, igee(Asama ena om 1lillrnssNsnu� STineiera:�aama-e aan rnManinomneamma,n oru { 1 City Hall, 20 Civic Center Plaza + P.O. Box 1996 o Santa Ana, California 92702 Mayor & Council Telephone: 714.647.6900 s Agen j i@ M%Of es: 714.647-6520 • Website: www santa-angora COMMITTEE MEMBER COMMENTS ADJOURNMENT — The next regular meeting of the Youth, Education & Community Services City Council Committee meeting schedule for Monday April 23, 2018 at 5:30pm City Flail Ross Annex Room 1600. if you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at (714) 647-5624, Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for "if to this meeting. [Americans with Disabilities Act, Title II, 26 CFR 35.102) Santa Ana City Council Miguel A. Pulido, Michele Martinez, I Vidante Sarmiento, Jose solodo, P. David Senavdas, Juan Villages, Sal Thojero, Mayor Mayor Pro Tem, Ward 1 Ward 3 Ward 4 Ward 5 Ward e MPoGIo,HSa Yaana om Word y§'. njq,0lsan a-anaan 0911gWalmw.na.oia 29y_y'vles®soMa-erso I�IIe,6itrnary n e $Tlnnbm�eo MManinea®saniaana.em City Hall, 20 Civic Center Plaza • P.O. Box 1988 + Santa Ana, California 92702 Mayor & Council Telephone: 714.6476900 • Agenda atom Inquiries: 714.647.6520 + Website: www,santa-ana.ora 13B-2 MINUTES OF A SPECIAL MEETING OF THE YOUTH, EDUCATION & COMMUNITY SERVICES COUNCIL COMMITTEE October 23, 2017 CALL TO ORDER Meeting convened at 5:35 p.m. at Santa Ana City Hall Ross Annex Room 1600; 20 Civic Center Plaza, Santa Ana, California 92702. ATTENDANCE Council members Present Juan Villegas (Chairperson) Jose Solorio (Vice Chair) David Benavides Staff Present; Cynthia Kurtz, Interim City Manager Gerardo Mouet, Executive Director PRCSA Jeannie Jurado, Community Services Manager Ron Ono, Administrative Services Manager Kent Yamaguchi, SA Zoo Manager Ethan Fisher, Education Curator Juan Lara, Community Services Supervisor Hiram Uribe, Graphic Designer PUBLIC COMMENTS: No Public Comments AGENDA ITEMS APPROVAL OF COMMUNITY SERVICES COUNCIL COMMITTEE MINUTES o Community Services Council Committee Minutes of July 24, 2017 was reviewed and approved as presented. o Motion by: Councilmember Solorio Second by: Villegas ® Motion approved unanimously. 2. APPROVAL OF AMENDMENT TO COMMUNITY BYLAWS o Receive and File o Motion by: Councilmember Solorio Second by: Villegas 3. SANTA ANA ZOO PROJECT STATUS o Gerardo Mouet indicated the SA Zoo is 65 years old. The current Master Plan was approved in 1990. Last year City Council approved $200,000 prepare a new Master Plan for the Zoo. Consultant is currently working with staff on the Master Plan that will be presented to City Council in Youth, Rec. & Comm. Svs. Committee Mtg Page 1 October 23, 2017 13B-3 January/February 2018. Staff will also present to you the status of the Giant River Otter Exhibit and the AZA Accreditation. Gerardo introduced Kent Yamaguchi SA Zoo Manager who will be retiring on November 1" and Ethan Fisher Education Curator who was appointed as the Acting Zoo Manager. Cynthia Kurtz and David Benavides joined the meeting. o Kent Yamaguchi indicated the Master Plan will follow the original theme of South American Exhibits. He indicated CLR Design was awarded the consultant contract to develop the new master plan and prepare plans for the Giant River Otter Exhibit. He introduced Greg Leicester (CLR Design) who presented the status of the Zoo Master Plan, its current zoo layout; the 50% completed master plan and indicated they are also developing a strategic business plan for the zoo. The master plan will include: Task 1 Inventory analysis, Task 2 Proposed Concept Plan, Task 3 Master Plan Development, Task 4 Stakeholder involvement. o Kent Yamaguchi indicated the consultant understands the intimacy of the zoo. The last master plan did not identify a business plan. o Ethan Fisher presented the current status of the Giant River Otter Exhibit. He indicated the current Amazon Edge Exhibit was the first exhibit built after the 1990 master plan. Everyone enjoyed it but it is aging and ands to be renovated. Can be a more dramatic space that will include a South American Giant River Otter. They are a very active species, noisy, compatible with primates and will help with the zoo breeding program. The exhibit will also include a loop trail system for primates to move throughout the zoo. o Gerardo Mouet presented the AZA Accreditation update. Indicated the SA Zoo was accredited for many years. Accreditation helps with the breeding and acquisition program. With the current plans to complete the master plan and other new exhibits the City will reapply in 2 years. o Councilmember Benavides appreciated the detailed presentation on the Zoo Master Plan, Giant River Otter Exhibit and the AZA Accreditation. He asked the question that the current master plan identified zoo parking on First Street maximizing exposure to the zoo. o Gerardo Mouet explained why the plan would not work. He indicated Wermers Development recently acquired the Elks property and they are working with the city to ensure Elk Lane will be enhancing to benefit both properties. Youth, Rec. & Comm. Svs, Committee Mtg Page 2 October 23, 2017 13B-4 4. DISCUSSION FIESTA PATRIAS 2018 EVENT o Gerardo Mouet indicated private producers did not apply when the City offered an RFP for this event in 2016. ■ City will be preparing an RFP for 2018. • Event has been occurring for 39 years. • This year is the 40th year of the event. o Juan Lara identified the various issues in preparing for the Fiesta Patrias Event. Even with the release of an RFP for the event, city staff will still manage the parade. o Jeannie Jurado presented options for the event location. • Option A — Stage on 4th Street Downtown • Option B — Stage on Main Street • Option C — Stage on Ross Street ■ Option D — Stage in Stadium, Carnival on Flower Street & Booths in Super Block Parking lot. o Jeannie Jurado presented time line schedule for the RFP and indicated City will no longer present Cinco de Mayo due to not having sufficient staffing to produce this large event. o Councilmember Villegas indicated Option C would be difficult to manage due to Courtyard. o Councilmember Benavides indicated option C & D are the only options. o Gerardo Mouet indicated the city will be providing a subsidy to the private event producer selected. On November 21 the City Council will be authorizing release of the RFP. o Councilmember Villegas indicated the stadium synthetic turf needs to be protected and Gerardo confirmed that the synthetic turf will be protected. o Councilmember Solorio indicated he prefers keeping option A & B for 2018. o Councilmember Benavides indicated we need to communicate clearly with downtown merchants and residents that we are not moving away from Plaza Calle Cuatro. o Councilmember Solorio indicated we need to be careful moving the event out from the current location. The event is to promote downtown and there is nothing to promote on Ross Street. 5. PROJECT UPDATE: PARK BOND AND PARK TREE NEEDS o Ron Ono indicated the Assembly and the Senate has approved the issuance of SB5 Park Bond. The Governor signed it on October 15th. SB5 will be placed on the June 2018 Statewide ballot and can be passed by simple majority vote of the people. This is a $4 Billion Park Bond. $215 million is identified in the per Capita Program and $162 million in River Parkways. Ron Ono presented potential projects to be funded with the new Park Bond monies. New Park Development New Recreational Additions • Playground Equipment upgrades • Security Lighting Renovations Youth, Rec. & Comm. Svs. Committee Mtg Page 3 October 23, 2017 13B-5 • Ballfield Sports Lighting Renovation • Skate Park • Swimming Pool Resurfacing • Facility Renovation • Adding more Park Open Space • Ron Ono presented the need to maintain park trees. Indicated there is minimal maintenance under the landscape contracts. Funding is limited and many trees are dead or diseased. Regular tree trimming is needed to help trees stay healthy and to reduce potential limb breakage. Approx. 8,500 trees in the park system of which 250 trees are dead and 230 trees are diseased. The trees are pruned on an as needed emergency basis. In FY 18/19 Parks would need $500,000 for tree maintenance. 6. DISCUSS AGENDA FOR JOINT USE POLICY MEETING o Gerardo Mouet presented the draft Joint Use Policy Agenda. Request to add the Youth Services Supervisor position and an Update on Wi-Fi. COMMITTEE MEMBER COMMENTS o None FUTURE AGENDA ITEMS o None MEETING ADJOURNED: 7:12 P.M. Next regular meeting January 22, 2018; 5:30pm City Hall Ross Annex Room 1600. o _ Ron Ono Recording Secretary Youth, Tec. & Comm. Svs. Committee Mtg Page 4� _ October 23, 2017 13B-6 SANTA ANA UNIFIED SCHOOL DISTRICT / CITY OF SANTA ANA COUNCIL JOINT POLICY MEETING The Santa Ana Unified School District / City of Santa Ana Council Joint Policy Meeting will convene at Santa Ana City Hall Ross Annex, 20 Civic Center Plaza, Santa Ana, California, In the Ross Annex Conference Room 1600, located on the first floor at 5:30 p.m., Monday, January 29, 2018. f-3C3VI January 29, 2018 CALL TO ORDER PUBLIC COMMENTS: 1. Approval of Minutes of the May 22, 2017 District/ City Minutes 2. Approval of Minutes of the October 30, 2017 District/City Minutes 3. Update on Partnership Initiatives 3.1; Roosevelt Community Center and Willard Field Project 3.2. SAUSD Use of City Stadium 3.3. SAUSD Use of Godinez Joint Use Facilities 3.4. Update on Water Tower Initiative 4. Update on City's Youth Services Supervisor S. Summer Night Lights Program 6. Update on SAUSD Youth Restorative Justice Initiative 7. Introduction of New Chief of School Police 8. ActiveShooter— JointTraining 9. Discuss Agenda for Special Joint City Council/SAUSD Board of Education meeting 10. Next scheduled quarterly meeting —Monday April 30, 2018 at 5:30 p.m. —Santa Ana Unified School District Vt Floor Training Room, 1601 E. Chestnut, Santa Ana, Calif. 13B-7 ADJOURNMENT City of Santa Ana Santa Ana Unified School District Council Member David Benavides Board of Education President Valerie Amezcua Council Member Sal Tinajero Board of Education Vice President Rigo Rodriguez, Ph.D Council Member Juan Viliegas City Manager Raul Godinez II Superintendent Stefanie Phillips, Ed.D. 13B-8 City of Santa Ana 20 Civic Center Plaza Ross Annex Santa Ana, California 92701 MINUTES May 22, 2017 Santa Ana Unified School District / City of Santa Ana Council Special Joint Policy Meeting CALL TO ORDER The meeting was called to order at 5:40 p.m, by City of Santa Ana Councilmember lose Solorio. SAIJSD Board members present were, President John Palacio, Vice President Valerie Amezcua. SAUSD staff member present were, Dr. Stefanie Philllips, Superintendent of Schools; Facilities and Governmental Relations; Dr. David Haglud. Facilities and Governmental Relations; Orin L. Williams. City Council members present were, Mr, lose Solorio, Mr. David Benavides and Mr. Juan Villegas. City Staff members present: Cynthia J. Kurt, Interim City Manager ; Gerardo Mouet, PRCCSA Executive Director ; Jeannie Jurado, Community Services Manager; John Funk, Deputy City Attorney; Jorge Garcia, Senior Management Assistant; Jack Ciulla, Chief Technology Officer; Fred Mousavipour, Executive Director Public works; Hiram Mine, Graphic Aide. 1.0 Approval of the SAUSD/CITY Joint Minutes of July 11, 2016 Moved by Councilmember Solorio. No second was provided. Minutes were not approved since the meeting cohort was different than July' s mecting. 2.0 Discuss/Review Draft of Joint Policy Committee By -Laws (CITY) Councilmember Solorio stated that when the Joint Policies are written by the City, The City approves them, and when SAUSD writes them, they approve the policies. Solorio suggested adding this topic to the quarterly meetings and the policy should be reviewed at the next meeting for consensus, Prior to next meeting, the city will work on editing the term "Officers" and "Regular Meeting" to provide a clear definition. John Palacio stated that SAUSD has not had the opportunity to review the joint policy nor do they have it committee that can review them, Palacio will need to have legal counsel for review. He indicates meeting prior to the next quarterly meeting, so the policy is ready at the next quarterly meeting in October. 3.0 Update of Roosevelt/walker Project (SAUSD) 3.1 Update on Construction Timeline Orin L. Williams provided that the construction timeline is currently on schedule, however even after they were confronted with the excessive rains. Also provided update that the PAD 1 SB -9 certification is also currently in progress. The ultimate goal is to have this completed by January 2018, Councilmember Solorio extended gratitude for being invited to the ground -breaking event. 4.0 Discussion on Davis Nater Tower Agreement (SAUSD/CITY) Councilmember Solorio stated that the City may have been unresponsive on this item. :Mrs. Phillips states that SAUSD has an agreement that has expired in April 2017 which provided access to school sites, By the end of Way -Jun she expects to have a tentative agreement that provides boundary definitions that serves the needs for the City and SAUSD. Palacio advised that this agreement is a legal matter that the City Manager and SAUSD need to further review. Palacio stated that discussions need to occur regarding this mater, however does not see it as a policy, however, legal matter may still be involved. Mrs. Phillip reiterated that this may be a legal matter, and further discussions should occur in a closed session. Councilmember Benevides advised that they are willing to work with SAUSD, lawyers at the closed session SAUSD desires. Gerardo hlouet brought up the Land Exchange option for opportunities with SAUSD. City Attorney John Funk stated that conversations between SAUSD and the City in a confined location. The partner of Land Exchange are pending and is a legal matter, COUnCllmember Solorio motioned to have City Manager and Superintendent to meet within 30 days and to report the findings to the body' s options that resolve this issue. 5.0 Discussion on High School Graduation at Santa Ana Stadium (SAUSD) Dr. Phillips expressed to the City to ensure they are on track with the graduations. The graduation dates are in June, so to make sure the City gets them correct. Parking around the Santa Ana Stadium was an issue last year, as parents and families had to park in nearby residential areas, however were cited. Gerardo Monet stated the reservation permit for this function was already submitted to the Reservations Administration office under the supervision of Enrique yfarban; Reservations Administration Office Supervisor. SAUSD experienced issues with Parking at last year. It was expressed by Dr. Phillips and Valerie Amezcua that families and friends were being cited for parking in the residential area since the parking structure parking fee was too expensive. Mouet advised that the structure parking fee is assessed by the County or Orange since they oversee the structure. The current price is $5 per car. Additionally, prior to any large event, there are pre -event meetings in which SAUSD personnel, SAUSD police, and city personnel come together to discuss a plan in which parking is discussed. Valerie Amezcua stated that there are multiple neighbors surrounding the Santa Ana stadium that require parking permils. Can SAUSD get a map of neighborhoods that require parking permit? Also, 2 13B-10 since the Santa Ana Police department is the citing agency, could they decrease the citing on the dates of the graduation? Interim City Manager Cynthia J. Kul Iz advised that many of these neighborhoods request the city to protect the city. The city suggests possibly speaking to the neighborhood association. Councilmember Solorio request City staff to look for other possible parking or other ways to maximize parking. John Palacio since this is a two flay event (4pm & 7pm) they expect over 1,300 on average in both sessions. Since there are parking meters in the area, could the meters be obsolete during this timeframe? Councilmember Vi IIegas echoed that not enforcing the parkin; meter is a good idea. Councilmember Benavides stated that it not a good sight to see a parking ticket after coming out of a family or friend' s graduation. Since court jurors park in the near area, they might be compromised, however proper signage should be posted; recommends increasing the signage. Chief Magi chi will be working on the signage and will get together on reviewing the options, Another option is for SAUSD to explore shuttle options from SANS to the Santa Ana Stadium. Councilmember Solorio recommends SAUSD to project parking and to determine parkin; availability with the option to explore shuttle services. The City will follow up with the parking rate and contract information with the County. 6.0 Update Information on: (CITY) 6.1 Citywide Wi-Pi Jack Ciulla with IT Staff at SAUSD stated that they were using a different approach to provide Wi-Fi. The city wants to add a mesh wire to the Wi-Fi on specific locations especially adjacent to schools. There is a current pilot project with Parks and Recreation to add the neap hardware to a location near Jerome. If this pilot project is successful, they will move works with Public (forks to expand the fiber optic cables by the end of next year. Current street lights are equipped with LED and Wi-Fi option. By adding 1Yi-Fi-__33 through all the street lights, it will provide Wi-Fi_33 to the community first aiming at Downtown Santa Ana and commercial areas. Dr. Haglud advised that the SAUSD is taking a different perspective and are using UFF air network ranging from 10-20 gigabytes. The plan is to expand this to three sites (Willard, Santa Ana Valley and Century) and most of the city of Santa Ana will be covered with Wi-fi. In order for the Wi-F-i to work, students will need LTE devices. Joint Palacio advised the SAUSD has already provided Wi-Fi to many students, which is why they have moved Forwards with this project, however, whichever option the City would like to take, he hopes it compatible or adaptable to SAUSD. John Palacio motioned to have the city and SAUSD staff work together with one goal. Both entities have the same customers and residents. Councilmemher Benavides 2" the motion to have both collaborated and to provide some timeline or meeting dates by the neat joint meeting in October. 13b-11 7.0 Discussion on Communication (SAUSD) Dr. Phillips has concerns regarding the recent floods the city of Santa Ana experience. She would like the communication between the City and SAUSD to increase, especially during natural disasters/floods. Even though the City of Santa Ana activates the EOC during the heavy raining and floods, SAUSD was not informed of this information. What can SAUSD do to be prepared? Valerie Amezcua vocalized and made clear that this is a major concern. SAUSD are partners to the City and need to boon the same page. Could there be any joint training with SAPD. Councilmember Solorio motioned the City to join efforts with SAUSD on emergency Irainings and to increase communication but also to come up with a timeline on itent.s that the City and SAUSD could collaborate on. This timeline should be created within 30 days, Motioned seconds my Amezcua and Villegas. SAUSD Lt. Phillips advised that he is responsible for the EOC process and that next month he will sits with the City' s committee along with Steven Rhyner for training schedule and emergency plans. Phillips stated that they will work on developing a communication plant with city and SAUSD, within 30 days. 3.0 Discussion of Student Internship Programs (CITY) The city currently has an internship program and collaborates with the WorkCenter. Dr, Phillips would like to see opportunity for SAUSD students for placement this summer or next Jorge Garcia advised that many of the current students are from Santa Ana College as the timeframe they look for interferes with Iligh School student schedules, Dr. Phillips would like to see more links and opportunities between the City and SAUSD For specifically for paid internships. Possibly, the City could reach out to all the Businesses that could potentially kick start a pilot program this summer, if not for summer 2018. Valerie Amezcua vocalized that at 6pm, a meeting would be occur in which discussion about business partner and the internship program were going to be discussed, specifically for students on between the ages 16tyrs-24yrs. John Palacio stated that finding a job is not easy, and that employment in the Public and Private industry might be even harder. Palacio asked what Private and Federal possibilities are available and can these sectors consider partnering with SAUSD. Councilmember Benavides vocalized and appreciated this topic and believes it' s good to know these conversations are occurring. In fact, it appears that a program was already in place with the city of Santa Ana and has tasked City staff to create a memo with the status and results of that program. Councilmember Villegas questioned what SAUSD personnel was in charge or overseeing the internship program. Dr. Phillips responded by stating that CIE currently oversees the program. Villegas then inquired with the City to we who oversees the program on behalf of the city, and Jorge Garcia 4 13B-12 replied by stating he and the Human Resources department work hand in hand in regards to internship programs. Currently, the City has 45 students in programs, and will be looking to hire 50 more. Vice President Valerie Amezeua expressed concerns and would like for the City to work closer with SAUSD. -I-he school district wants to know how can they help to make this opportunity a reality and possibly work together to modify and provide information to SAUSD students. Interim City Manager Kurtz' s agrees that the city should push for haying a summer internship opportunity for SAUSD students and would love to work with SAUSD. 9.0 Discussion on Frequency of Mectings (SAUSD/CITY) Councilmember Solorio states that these meetings should continue to be a quarterly meeting. As of now the next scheduled meeting is set for Monday, October 23, 2017. Solorio tasked Gerardo Monet to send a meeting invite for possibly August 2017. Solorio also advised that on the City Clerk' s online website you can find minutes to other committees. 10.0 Future Agenda Items The following items will be added to the next meeting agenda: 1. Lathrope Intermediate Item 2. Re -review of standards, Capital projects and 50/50 projects. Councilmember Solorio pushed for a possibility in 2018; explore the possibility of adding a swimming pools to Codinez and also the possibility of adding some barriers to prevent homeless From entering the school site. John Palacio advised that with Bonds, the state pays 50/50, however not on sport facilities. Additionally, Palacio does not want to open new projects until older projects close. Before the City moves forward with implementing a new projset , it' s important to research to ensure the project is feasible. Before moving forward with new projects, Palacio is very interested in revisiting the past projects. Councilmember Villegas inquired to SAUSD to determine what percentage of students are homeless. Dr, Phillips replied stating that we have to be careful how we use the word homeless, because homelessness can be defined differently by the county, state and federal. Valerie Amezcua did state that for the past 30+ years, there are staff that monitors homeless students and are able to provide services and school supplies to these students. John Palacio stated that he will have staff send information regarding the Mckinney-Vento Act which prevents barriers on students, Councilmember Benavides reiterated 1) Appreciates that The City is prioritizing the success of Santa Ana Youth. 2) lha City did have 250K for an internships program and would like to receive a status on thane funds. 136-13 3) Appreciates the opportunity to continue working veilh SAUSD Closing Comments: Santa Ana Resident; Edgar Vasquez- thanked SAUSD, The City and the Parks and Recreation staff by looking into the new IT Wi -fi internet capability. It' s a good idea and it will provide a great resource to all city residents and students. Dr. Phillips -Chinks both governing board and would like to remind that an elected Orange County Board member would like to establish a temporary 200- bed structure near a Santa Ana Unified School District school and would like to bring this attention in hopes that staff will oppose this proposal. Phillips hopes the city will unite with SAUSD to keep safe egress access to student' s homes, Interim City Manager Kurtz vocalized that she appreciated these meetings and she will be reviewing her four pages of notes. ADJOURNMENT There being no further business, the meeting was adjourned at 7:25 pm. Tanya Olivares, Recording Secretary 6 13B-14 Santa Ana Unified School District 1601 E. Chestnut Avenue Santa Ana, CA 92701 Minutes Santa Ana Unified School District / City of Santa Ana Council Joint Policy Meeting October 30, 2017 CALL TO ORDER The meeting was called to order at 5:38 p.m. by Santa Ana Unified School District (SAUSD) Board President Palacio. Other member in attendance was Ms. Amezcua, Vice President. SAUSD Cabinet members present were Dr. Phillips, Superintendent of Schools, Dr. Heatley, Deputy Superintendent, Administrative Services, Mr. Roychowdhury, Assistant Superintendent, Business Services, Mr. Williams, Assistant Superintendent, Facilities and Governmental Relations, and Dr. Jimenez, Assistant Superintendent, Educational Services -Teaching and Learning. City of Santa Ana Council members present were Mr. Benavides, Mr. Solorio, and Mr. Villegas. City staff members present were Ms. Kurtz, Interim City Manager, Mr. Monet, Executive Director, Parks, Recreation, and Community Services Agency, Ms. Jurado, Community Services Manager, and Robert Cantu, City of Santa Ana. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Ms. Amezcua. PUBLIC COMMENTS There were no individuals wishing to address SAUSD and City of Santa Ana. The meeting was opened with SAUSD and City introductions. 1.0 Approval of Minutes of the May 22, 2017 District / City Minutes Mr. Palacio made a motion to move the approval to the next meeting with necessary amendments. 13B-15 2.0 Criteria for Joint Use: • Shared Revenue • Shared Investment • Maintenance • Joint Use Maintenance Contribution • Capital Replacement Dr. Phillips suggested for City Council and SAUSD to work together and establish criteria; District has significant investments to retain and move forward. Mr. Benavides asked for a technical advisory team to provide an update. 3.0 Potential Joint Use Facility Projects: • Segerstrom High School • Lights • Baseball /Batting Cages • Godinez Pool • Godinez Sports Facility Mr. Palacio stated that unlike classrooms, labs and other academic facilities, sports facilities are not matched by state school construction bonds. Council to prioritize and continue discussion — develop bond master plan. Mr. Monet stated that item 8.0 is related to a park bond scheduled for June; City and District should brainstorm non -capitol grants. 4.0 Traffic Lights / School Safety • Crossing Guards • Grand Avenue and Chestnut — Turn Signal • Fairview and Centennial — Traffic Light Adjustment (Godinez High School) Ms. Kurtz stated nothing has been proposed; City will continue to look at and conduct a safety study. However, District is to contact the City with any safety issues. 5.0 Santa Ana Stadium • Fees • Santa Ana High School • Graduation • Vendor / Food Sales District is requesting to work together, and be given the opportunity to sell food at the stadium like Mater Dei does. Mr. Mouet is to meet with Dr. Heatley and District is to provide City with a list of who uses facilities at no charge. 13B-16 6.0 Safety — Homelessness / Flood Control Channel • Potential Homeless Shelter • Spurgeon Intermediate and Romero -Cruz Elementary • Saddleback High School and MacArthur • Monte Vista Elementary and Griset Academy • Godinez Fundamental High School • Garfield Elementary • Adams Elementary District is asking for City to communicate any issues related to homeless shelters. City Police to work with School Police to identify list above; collaborate and send message to County, specifically for SAUSD families. OC Public Works, OC Sheriffs will put something together; City plans to bring park Rangers dedicated to homelessness and public health issues; City is to include School Police in monthly meetings related to homelessness. At some point City and District are to re -visit homeless shelter. 7.1 Cross Agency Communication • Upcoming events • Public Awareness Campaign Collaboration to continue with new City Manager; interest to put strategies and structures in place. Ms. Amezcua proposed to meet twice a year with School Board and City Council. 8.0 Possible Joint Grants This item was discussed earlier in meeting. 9.0 WiFi Update City will get a consultant to see how they can work with District and find locations for fiber optics. District is looking at new products; e -rate; emerging technologies. 10.0 Update: Community Enrichment Program Proposed partnership 6-9pm pilot; same agreements are being worked on and reviewed by legal counsel; Draft Memorandum of Understanding. 11.0 Youth Services Supervisor Position Update Mr. Benavides provided information on new parks and recreation position. This position will be a liaison between School District and non-profit organizations and is to work in collaboration. 13B-17 12.0 2018 Placement Program City stated this is an expansion and split into two phases. Work Center will take the lead — marketing business participation. 13.0 Community Development Resources Income Supports • Small Development m Workforce Development Dr. Phillips requested materials for parents; information readily available by the City. Parent Centers will be in all District schools and Dr. Lopez -Guerra is the key -point person. 14.0 Next scheduled quarterly meeting —Monday January 22,201S at 5:30 p.m. City of Santa Ana _. Room 1600, City Hall Ross Annex ADJOURNMENT There being no further business to come before the District and City, the Joint Policy meeting was adjourned at 7:33 p.m. ATTEST: 7' ,l„1 13B-18 1 CITY OF SANTA ANA k SPECIAL MEETING OF THE LEGISLATIVE AFFAIRS, ETHICS, TRANSPARENCY & COMMUNICATIONS COUNCIL COMMITTEE Wednesday, January 31, 2018 1200'pm AGENDA C& L TO ORDER City Hail Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Vicente F. Sarmiento Mayor Pro Tem Michele Martinez Recording Secretary: Rosa Flores PU@L,,IC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS Elect Chair and Vice Chair RECOMMENDED ACTION: Select Chair and Vice Chair. 2. Review and Approve Proposed Meeting Schedule for this Committee RECOMMENDED ACTION: Approve Proposed Meeting Schedule. 3. Approval of Minutes of the October 4, 2017 Legislative Affairs, Ethics and Transparency Council Committee Meeting RECOMMENDED ACTION: Approve minutes. 4. Receive and File Legislative Updates from: • Federal: Holland & Knight • State: Townsend Public Affairs If you need special assistance to participate In this meeting, please contact Michael Ortiz, City ADA Program Coordinator, at(714)647-5624. Please call prior to the meeting date, to allow the City enough time to make reasonable arrangements for accessibility to this meeting. [Americans with Disabilities Act, Title ll, 28 CFR 35.102] Santa Ana City Council Miguel A. Pulido, ! Michele Martinez i Vicente F. Sarmiento i Jose Solodo i P. David Senavides i Juan Villegas i Sal Tinajero Mayor ! Mayor Pro Tem ! Ward t ! Ward 3 Ward 4 I Ward S j Ward e ur iia ra I Word oa� i b2natum i §u�aro�.anaMao�a �nygt yua��gpd�; ,z uu q i i i i City Hall, 20 Civic Center Plaza . P�1L19$q Santa Ana, California 92702 Mayor & Council Telephone: 714=047.0900 . Agand t gr�1 W'j 14.047-5200 . Wabsite: www.santa-ana.orri 5. Review and Discussion of Legislative Scorecard 2017 {Strategic Plan No, 1 through 7} — Jorge Garcia, City Managers Office 8. Review and Discussion of Legislative Platform 2018 (Strategic Pian No. 1 through 7} — Jorge Garcia, City Managers Office Discussion on Citywide Communications (Strategic Plan No. 1 through 7) — Councilmember Vicente Sarmiento 8. Grants Update: Receive and file the preliminary 2017 Schedule of Federal Awards (Strategic Plan No, 1 through 7) — Jorge Garcia, City Managers Office 9. Review and Take a Position on Legislative Bills - (Strategic Plan No. 1 through 7} —Jorge Garcia, City Managers Office 10. Discuss and Approve the Code of Conduct and Ethics Policy - {Strategic Plan No. 1 through 7} Lflclldul ADJOURNMENT — The next Legislative Affairs, Ethics and Transparency Committee meeting will be held on March 28, 2018 at City Mall, Ross Annex Room 1500, 20 Civic Center Plaza, Santa Ana, CA. The complete Strategic Plan document is available at http://www.santa•ana.org/strategy a�lanni ng/ Legislative Affairs Council Committee Agenda January 31, 2018 CITY OF SANTA ANA LEGISLATIVE AFFAIRS, ETHICS AND TRANSPARENCY COUNCIL COMMITTEE MINUTES October 4, 2017 An audio recording of this meeting is available on the City of Santa Ana website, http://www.ci.santa-ana.ca.us/. CALL TO ORDER The meeting was called to order at 12:37pm by Councilmember Vicente Sarmiento at City Hall Ross Annex, Room 1600. ATTENDANCE Members Present: Councilmember Vicente Sarmiento Councilmember Jose Solorio Members Absent: Councilmember Sal Tinajero Staff Present: Judson Brown, Julie Castro -Cardenas, Robert Cortez, Alma Flores, Jorge Garcia, Maria Huizar, Cynthia Kurtz, Becky Magallon, Daisy Perez. Also present were Tony Cardenas from the League of California Cities, Casey Elliot and Cori Williams from Townsend Public Affairs, and Dan Maldonado and Leslie Pollner from Holland & Knight via telephone. PUBLIC COMMENTS • Gil Salmon, Vice Chair of ETAC, encouraged the Committee to track SB 231 which is waiting for the Governor's signature and brought to the Committee's attention that banning outdoor cultivation of cannabis would make Santa Ana ineligible for State grants. AGENDA ITEMS Approval of Minutes of the July 19, 2017 Legislative Affairs, Ethics and Transparency Council Committee Meeting MOTION: Approve minutes. MOTION: Sarmiento SECOND: Solorio VOTE: AYES: Sarmiento, Solorio NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) Bylaws — Add Communication to Area of Review Jorge Garcia reported that at the July 19, 2017 Legislative Affairs, Ethics and Transparency Committee meeting, the Committee requested a change to the Bylaws to include Legislative Affairs, Ethics and re#Wouncil Committee Minutes Cctob P e 1 Communications as an area of responsibility for the Council Committee, and added that, if in agreement, staff would bring the item to Council as a Receive and File. MOTION: Adopt Council Committee Bylaws to include Communications to Powers and Duties: MOTION: Solorio SECOND: Sarmiento VOTE: AYES: Sarmiento, Solorio, NOES: None (0) ABSTAIN: None (0) ABSENT: Tinajero (1) The Committee expressed best wishes to Alma Flores, Strategic Communications Manager, as she leaves the City. Federal Legislative Update from Holland & Knight Dan Maldonado and Leslie Pollner provided a federal legislative update which included FY 2018 appropriations, immigration issues such as the travel ban and DACA and the tax reform. Dan Maldonado explained that concerns have been raised with the tax reform plan at the state and local levels because it's believed that the House and Senate will move to eliminate the state and local tax (SALT) deduction which would impact local government. He added that Holland & Knight have been meeting with members of the California Republican Delegation to urge them to support retaining the SALT deduction. Councilmember Sarmiento asked if any announcements have been made by the Administration on punitive measures on cities that have declared themselves as sanctuary cities. Dan Maldonado responded that the issue is primarily in the court system and that because of some of the disasters there has been a step back on the enforcements, however, he believes we will start seeing some effort as we get to border security funding issues and a focus on interior enforcement. Councilmember Sarmiento mentioned that the Committee had requested a timeline of pending grants at the last meeting, and staff advised him that once the Schedule for Expenditure of Federal Awards numbers from the previous fiscal year are available, a report will be presented to the Council, most likely in November. 4. State Legislative Update from Townsend Public Affairs Casey Elliot reported that the California State Legislature concluded their legislative session on September 15th and there are about 500 bills on the Governor's desk. He added it was a productive session and shared some of the important items affecting Santa Ana that were able to be addressed such as affordable housing and the Park Bond. Casey Elliott also presented a summary of efforts undertaken by Townsend Public Affairs on behalf of the City during the last legislative session. Councilmember Sarmiento asked for the status of SB 231 and clarification on whether banning outdoor cannabis cultivation would make Santa Ana ineligibility for State grants. Casey Elliott mentioned that it's his understanding that local governments will not be eligible for grants if they do a complete ban of outdoor cannabis cultivation. Councilmember Solorio mentioned we want to avoid having City restrictions that would be Legislative Affairs, Ethics and�T� acar� Council Committee Minutes Ccto 8 aCe 2 detrimental to our eligibility for grants. Councilmember Sarmiento asked staff to seek our State Lobbyist's guidance to confirm we are eligible. Councilmember Solorio asked if there had been a change to SB 649 giving more land use authority when cell towers are in parks or city -owned premises. Casey mentioned that wording was included in the bill to provide some overall flexibility on the local control issue, and that if the bill is vetoed, he anticipates a similar bill will be back next year. 5. League of California Cities Briefing Tony Cardenas provided a list of planning and funding related bills on the Governor's desk. He added that SB 649 is the League's number one priority and that they are seeking for the Governor to veto the bill. Mr. Cardenas also discussed SB 35 which was approved and is waiting to be signed. The League of Cities will be doing an analysis on the entire funding package and the impacts to cities. Tony Cardenas also reported that SB1 transportation revenues will be available to cities as of January 1, 2018, and we will know in January if repeal of S61 is going to be before the voters in June 2018. The League will be fighting for SB 1. 6. Santa Ana Report Card on Legislative Bills and Letters July 12016 to June 30, 2017 Jorge Garcia provided the Committee a report card outlining positions the City has taken on various bills and reported that staff will continue to track positions taken on future legislation as well as outcomes, which will be helpful in preparing a more robust platform for the Committee and for Council's consideration. Councilmember Sarmiento thanked staff for the report card and suggested a similar format be used for grants the City applies for. He also suggested the report outline how successful we've been and the dollar amounts we've been able to garner. COMMITTEE MEMBER COMMENTS • No comments. FUTURE AGENDA ITEMS • Any federal proposals on use of drones. ADJOURNMENT: The meeting was adjourned at 1:28 pm. The next committee will be held at noon on January 10, 2018. 41M ITI)_Y Becky Magallon Secretary to the City Manager City Manager's Office Legislative Affairs, Ethics and �grey�Council Committee Minutes Octob e 3 13B-24 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Strategic Plan Monthly Report for January 2018. The January 2018 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: http://www.santa-ana.ora/strateaic-planning/ 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). There is no fiscal impact associated with this item. 19C-1 19C-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2017 (STRATEGIC PLAN NO. 4, 1D) t� 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 Receive and file the quarterly report of investment as of December 31, 2017. DISCUSSION In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. California Code Section 53646 (b) states that if a quarterly report is rendered to the legislative body, the quarterly report shall be submitted within 30 days following the end of the quarter covered by the report. The legislation specifies that this quarterly report contain the seven major elements listed below: 1. Type of investments, 2. Date of maturity, 3. Par and dollar amounts invested in each security, 4. Weighted average maturity of the investments, 5. Market value as of the date of the report, 6. Source of the market value information, and 7. Any funds, investments or programs, including loans, under the management of contracted parties. These specifications include a statement outlining the ability of the City to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. Staff performs an end -of -month expenditure analysis to comply with the expenditure requirement and a statement confirming the ability to meet this requirement in the monthly and quarter -ending Treasurer's Report. The information is in compliance with State law and the City's Investment Policy. 19D-1 Quarterly Report of Investments February 20, 2018 Page 2 The attached Treasurer's Report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of December 31, 2017. The following two tables represent: (1) percentage limits set by the City's Investment Policy and State Law and shows respective City investment portfolio investment types, amounts, and percentages; and (2) the restricted cash balance as of December 31, 2017. Type of Investment Amount Invested $ Portfolio % COSA Policy Limits % State Law Limits % Certificate of Deposit (CD) $4,211,000.00 1.56% 30% 30% Federal Farm Credit Bank (FFCB) $63,499,150.00 23.49% None None Federal Home Loan Bank (FHLB) $53,694,216.33 19.87% None None Federal Home Loan Mortgage Corp. (FHLMC) $43,222,035.00 15.99% None None Federal National Mortgage Association (FNMA) $72,923,730.00 26.98% None None Local Agency Investment Fund (LAIF) $32,732,249.90 12.11% None None Sub -Total $270,282,381.23 100.00% None None Cash $15,150,972.25 Total $285,433,353.48 Restricted Cash In $ Restricted Cash t $12,260,201.55 Total $12,260,201.55 t Restricted cash is held by a Trustee, Bank of New York Mellon, and is segregated from cash used for daily operations. The following City investment portfolio graph represents percentages within the respective investment types as of December 31, 2017. City of Santa Ana Investment Portfolio Asset Allocation Dec 31, 2017 LAW CD 156% ■ Certificate of Deposit (CD) ■ Federal Home Loan Bank (FHLB) ■ Federal National Mortgage Association (FNMA) ■ Federal Farm Credit Bank (FFCB) ■ Federal Home Loan Mortgage Corp. (FHLMC) ■ Local Agenq Investment Fund (LAIF) 19D-2 } Quarterly Report of Investments February 20, 2018 Page 3 The following three tables represent, as of December 31, 2017: (1) the aggregate Effective Rate of Return on the City's investment portfolio, both month to date (MTD) and year to date (YTD); (2) the aggregate Average Market Yield To Date (AMTD); and (3) the breakdown of AMTD by investment type. Aggregate Effective Rate ofRet urn Month To Date (MTD) 1.28% Year To Date (YTD) 1.26% Aggregate Average Market Yield To Date Average Month To Date (AMTD) 1 1.41% AMID Breakdown by Type of Investment Par Value of Investments Yield to Maturity % of Portfolio Average Market Yield to Date Certificate of Deposits $4,211,000.00 1.650% 1.56% 0.026% LAIF $32,732,249.90 1.230% 12.11% 0.149% Federal Agency Securities $233,339,131.33 1.431% 86.33% 1.235% Total $270,282,381.23 100.00% 1.410% STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment), Strategy D (Develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: 1. 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C) I g5 o LI CI LZ �m �m mmsO Z.N Z��ma�m�g,3m�tfiZ y 3 c m �mI � N M �' H y NN N � Nj -Ni 9 ryO q Q O p N N .Uyyt D Ti �h m ry Zi 'Y "L' tAT ttt m m y y lAii 1R1� T Z'f Z< N yNhCI �T. y� C1 V I$ "His" asao a � b� 8 0 0 0 A v m w v m m 'm m y m cn mmm m N a N A �N p m a N' 13 1 fI _a T A � � N S O P O 9 N N W A Ut n W O O W� O 6e AAY Y A N 0� N b G i I 1 I ILL 19D-10 a u C R C Aa P n OTY N K Py 9 C C a u R C Aa P n OTY Py �a ƒ E 1§D.11 ( r! \ � f!) � k )§§ \ §!$ $ \� } \/ 4 � \ / ( ) � 1§D.11 19D-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: RECEIVE AND FILE QUARTERLY REPORT OF INVESTMENTS AS OF DECEMBER 31, 2017 (STRATEGIC PLAN NO. 4, 1D) t� 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 Receive and file the quarterly report of investment as of December 31, 2017. DISCUSSION In 1995, the State of California enacted legislation revising the reporting requirements relative to investment of funds by governmental agencies. California Code Section 53646 (b) states that if a quarterly report is rendered to the legislative body, the quarterly report shall be submitted within 30 days following the end of the quarter covered by the report. The legislation specifies that this quarterly report contain the seven major elements listed below: 1. Type of investments, 2. Date of maturity, 3. Par and dollar amounts invested in each security, 4. Weighted average maturity of the investments, 5. Market value as of the date of the report, 6. Source of the market value information, and 7. Any funds, investments or programs, including loans, under the management of contracted parties. These specifications include a statement outlining the ability of the City to meet the budgeted expenditures for the subsequent six months be submitted to the City Council on a quarterly basis. Staff performs an end -of -month expenditure analysis to comply with the expenditure requirement and a statement confirming the ability to meet this requirement in the monthly and quarter -ending Treasurer's Report. The information is in compliance with State law and the City's Investment Policy. 19F-1 Quarterly Report of Investments February 20, 2018 Page 2 The attached Treasurer's Report (Exhibit 1) accurately reflects all pooled investments held on behalf of the City as of December 31, 2017. The following two tables represent: (1) percentage limits set by the City's Investment Policy and State Law and shows respective City investment portfolio investment types, amounts, and percentages; and (2) the restricted cash balance as of December 31, 2017. Type of Investment Amount Invested $ Portfolio % COSA Policy Limits % State Law Limits % Certificate of Deposit (CD) $4,211,000.00 1.56% 30% 30% Federal Farm Credit Bank (FFCB) $63,499,150.00 23.49% None None Federal Home Loan Bank (FHLB) $53,694,216.33 19.87% None None Federal Home Loan Mortgage Corp. (FHLMC) $43,222,035.00 15.99% None None Federal National Mortgage Association (FNMA) $72,923,730.00 26.98% None None Local Agency Investment Fund (LAIF) $32,732,249.90 12.11% None None Sub -Total $270,282,381.23 100.00% None None Cash $15,150,972.25 Total $285,433,353.48 Restricted Cash In $ Restricted Cash t $12,260,201.55 Total $12,260,201.55 t Restricted cash is held by a Trustee, Bank of New York Mellon, and is segregated from cash used for daily operations. The following City investment portfolio graph represents percentages within the respective investment types as of December 31, 2017. City of Santa Ana Investment Portfolio Asset Allocation Dec 31, 2017 LAW CD 156% ■ Certificate of Deposit (CD) ■ Federal Home Loan Bank (FHLB) ■ Federal National Mortgage Association (FNMA) ■ Federal Farm Credit Bank (FFCB) ■ Federal Home Loan Mortgage Corp. (FHLMC) ■ Local Agenq Investment Fund (LAIF) 19F-2 } Quarterly Report of Investments February 20, 2018 Page 3 The following three tables represent, as of December 31, 2017: (1) the aggregate Effective Rate of Return on the City's investment portfolio, both month to date (MTD) and year to date (YTD); (2) the aggregate Average Market Yield To Date (AMTD); and (3) the breakdown of AMTD by investment type. Aggregate Effective Rate ofRet urn Month To Date (MTD) 1.28% Year To Date (YTD) 1.26% Aggregate Average Market Yield To Date Average Month To Date (AMTD) 1 1.41% AMID Breakdown by Type of Investment Par Value of Investments Yield to Maturity % of Portfolio Average Market Yield to Date Certificate of Deposits $4,211,000.00 1.650% 1.56% 0.026% LAIF $32,732,249.90 1.230% 12.11% 0.149% Federal Agency Securities $233,339,131.33 1.431% 86.33% 1.235% Total $270,282,381.23 100.00% 1.410% STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #4 - City Financial Stability, Objective #1 (Maintain a stable, efficient and transparent financial environment), Strategy D (Develop a fiscal health analysis tool that informs a department of its financial position in order to assist in its decision making process). FISCAL IMPACT There is no fiscal impact associated with this action. Francisco Gutierrez Executive Director Finance and Management Services Agency Exhibit: 1. 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C) I g5 o LI CI LZ �m �m mmsO Z.N Z��ma�m�g,3m�tfiZ y 3 c m �mI � N M �' H y NN N � Nj -Ni 9 ryO q Q O p N N .Uyyt D Ti �h m ry Zi 'Y "L' tAT ttt m m y y lAii 1R1� T Z'f Z< N yNhCI �T. y� C1 V I$ "His" asao a � b� 8 0 0 0 A v m w v m m 'm m y m cn mmm m N a N A �N p m a N' 13 1 fI _a T A � � N S O P O 9 N N W A Ut n W O O W� O 6e AAY Y A N 0� N b G i I 1 I ILL 19F-10 a u C R C Aa P n OTY N K Py 9 C C a u R C Aa P n OTY Py �a ƒ E 1§F.11 ( r! \ � f!) � k )§§ \ §!$ $ \� } \/ 4 � \ / ( ) � 1§F.11 19F-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: APPROVE AN AGREEMENT WITH CHAZEY PARTNERS TO ASSESS AND IMPLEMENT COST-SAVING MEASURES AND OPERATIONAL EFFICIENCIES FOR THE PUBLIC WORKS AGENCY {STRATEGIC PLAN NO. 7,5E) � r � C MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: rs1=06111FA ❑ As Recommended ❑ As Amended ❑ Ordinance on 1 � Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Cl 1. Authorize the City Manager and Clerk of the Council to execute an agreement with Chazey Partners to provide Best Management Practices Assessment of Public Works Agency internal business processes and implementation of new procedures and technology, for the two-year term beginning February 6, 2018, through February 5, 2020, with an optional one-year extension exercisable by the City Manager and City Attorney, in an amount not to exceed $413,000, which includes $359,120 as the base fee and $53,880 in expenses, subject to nonsubstantive changes approved by the City Manager and City Attorney, 2. Approve an Appropriation Adjustment recognizing $200,000 from prior year fund balance in the Public Works Administration & Planning revenue account, and appropriating the same into the Public Works Administrative Services expenditure account. DISCUSSION In the Public Works Agency (PWA), most business processes currently in use were implemented, in principle, over 30 years ago. While there have been efforts over the years to standardize business processes across PWA, in many instances, a single procedure may now be handled in different ways, depending on work location, available technology, and individual computer skill levels. As each workgroup or individual developed methods to streamline their tasks, updating of procedure documentation has not been consistent. Additionally, changes in Citywide financial responsibilities and to address U. S. Office of Management and Budget (OMB) grant management reforms have highlighted the need for better data collection and financial reporting. There is considerable opportunity for streamlined operational efficiency, improved grants management, better stewardship of public funds, and providing better support to those that serve the citizens of Santa Ana. One such opportunity is in identifying how to take full advantage of 20A-1 Agreement with Chazey Partners to Assess and Implement Cost-saving Measures and Operational Efficiencies for PWA February 20, 2018 Page 2 technology already in use (i.e., Infor/Lawson — Citywide Enterprise Resource Management System) and technology planned for the near future (i.e., Questica — Budgeting Software). The benefits of efficient business practices include better organizational structures, reduced overtime, improved project management, and modernized service delivery. Additionally, efficiencies identified for PWA may be applicable in streamlining other City agency business processes, as well. On September 13, 2017, the Public Works Agency released a Request for Proposals (RFP) on the City's website seeking consultant services to assess Agency business practices and recommend operational changes for immediate implementation, including specifications for new computer software, as needed (Exhibit 1). Proposers were also to consider and incorporate OMB Uniform Guidance requirements in all proposed new procedures. Upon completion of the business practices assessment and implementation, the Agency will have a detailed roadmap to achieving streamlined financial and business processes agency wide. Expected outcomes include operational improvement recommendations in the areas of Organizational Configuration, Roles and Responsibilities, Policies and Procedures, and Grant Management. Additionally, the Agency will benefit from seamless reporting and communication with external agencies, including the City's Finance & Management Services Agency, and outside grant agencies. Twelve proposals were received by the proposal due date of October 13, 2017. The proposals were evaluated and ranked by a review committee comprised of staff from the Public Works, Planning & Building, and Community Development agencies. Ranking criteria included firm/team experience, understanding of need, relevant project experience, schedule and references. The top four firms were invited to an initial round of interviews, afterwhich the Scope of Work was expanded to include assistance with implementation of new procedures and software deployment, if required. After the second round of interviews, the final rankings of the top four firms are as follows: NAME OF FIRM RATING Chazey Partners 90.20% Matrix 89.60% Berry Dunn 86.20% Management Partners 84.40% Following evaluation and ranking, the fee rate schedules for the top four ranking firms were reviewed. Chazey Partners proposed a fee range of $281,450 to $359,120, depending on the work effort required for potential software implementation. Staff from the City's Information Technology Department participated in the evaluation of the proposal and concurred with the approach. PWA Staff is recommending awarding an agreement to Chazey Partners, the top ranked proposer, in an amount not to exceed $413,000, which includes an estimated 15 percent for expenses (Exhibit 2). As proposed, the project will be carried out in two phases. Phase 1 (not to exceed $271,500, with expenses) includes Baseline & Benchmark, Assessment, and Roadmap. A key deliverable from Phase 1 is an Opportunity Matrix and associated Business Case highlighting expected savings, 20A-2 Agreement with Chazey Partners to Assess and Implement Cost-saving Measures and Operational Efficiencies for PWA February 20, 2018 Page 3 both hard and soft, from the study recommendations. This Opportunity Matrix and Business Case will be presented after 13 weeks of effort, allowing PWA to both understand the expected benefits and approve subsequent work to achieve those benefits. If new software is indicated, Phase 1 will also include development of software specifications and an RFP for software procurement and integration. Phase 2 (not to exceed $141,500, with expenses) provides for implementation and deployment of the recommended procedures, processes, and software (if needed). The following is a summary of the benefits and expected outcomes of this Business Processes Assessment Project: Significant savings expected: o Hard and soft savings, to be detailed no later than week 13 of the study in the Opportunity Matrix and associated Business Case o Operational efficiency ■ Critical to achieve, given reduced budgets • Includes the potential to use existing staff more efficiently. o Cost avoidance • Study aims to make optimal use of existing technology investments wherever possible. o Reduced overtime, driven by inefficient and outdated procedures and ways of working Improved operational efficiency will "free time" for value added activities: o Grant applications and justifications o Addressing neglected obligations o Providing better support to those that serve the citizens of Santa Ana Study findings can be leveraged across City agencies o Case study for similar efficiency gains o Enhanced technology usage and training o Both streamline and modernize service delivery Citywide 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), 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). 20A-3 Agreement with Chazey Partners to Assess and Implement Cost-saving Measures and Operational Efficiencies for PWA February 20, 2018 Page 4 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT As previously noted, this project will be carried out in two phases. Phase 1 is estimated not to exceed $271,500 (including expenses) and Phase 2 is estimated not to exceed $141,500 (with expenses). The recommended appropriation adjustment will recognize $200,000 from prior year fund balance in the Public Works Administrative Services revenue account (No. 10117002-50001) and appropriate the same amount into the Public Works Administrative Services expenditure account (No. 10117601-62300). Project funding will be budgeted and available for expenditure as outlined in the following estimated spending plan. Unspent encumbered funds will be carried forward into FY 2019-20, if needed. Fiscal Year Amount FY 2017-18 $200,000 FY 2018-19 $213,000 TOTAL NOT TO EXCEED: $413,000 odbus ipour Director Public Works Agency APPROVED AS TO FUNDS AND ACCOUNTS: FranciscoVutierrez Executive Director Finance & Management Services Agency Chief Technology & Information Officer FM/MLM Exhibits: 1. RFP No. 17-072 — Business Process Assessment & Implementation Plan 2. Agreement with Chazey Partners (including Proposal & Fee Schedule) 20A-4 REQUEST FOR PROPOSALS (RFP) FOR BUSINESS PROCESS ASSESSMENT AND IMPLEMENTATION PLAN RFP NO.: 17-.072 CITY OF SANTA ANA Santa Ana Public Works Agency 20 Civic Center Plaza Santa Ana, CA 92701 Margaret Mercer Administrative Services Manager (714) 647-5050 Office mmercerAsanta-ana.org for Release: Fred Mousavipour Executive Director Public Works Agency KEY RFP DATES (Subiect to change at discretion of City): Issue Date: Wednesday, September 13, 2017 Deadline for Requests for Information: Monday, September 25, 2017 (See Sec. III.C. for contact) Proposal Due Date: Friday, October 13, 2017 — 2:00 pm. Tentative Interview Date: Monday, October 23, 2017 — Tuesday, October 24, 2017 Projected Award Date: Tuesday, November 7, 2017 0 NOTICE INVITING PROPOSALS NOTICE IS HEREBY GIVEN that proposals will be received from qualified firms for the Business Process Assessment and Implementation Plan. Responses to this Request for Proposals (RFP) will be accepted until Friday, October 13, 2017, at 2:00 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 the proposal due date and time. All notifications, updates and addenda will be posted on the City's RFP Bid page at santa-ana.org/bids-rips. 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. Proposals shall be enclosed in a sealed envelope and marked clearly with following information, formatted as follows: "SEALED PROPOSAL FOR RFP NO. 17-072; BUSINESS PROCESS ASSESSMENT AND IMPLEMENTATION PLAN 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, Ross Annex Santa Ana, CA 92701 Proposals shall be MAILED, HAND DELIVERED, OR COURIERED. LATE, TELEGRAPHIC, ELECTRONIC OR FACSIMILE PROPOSALS WILL NOT BE CONSIDERED. City of Santa Ana RFP 17-072 26X -t U CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR BUSINESS PROCESS ASSESSMENT AND IMPLEMENTATION PLAN RFP NO. 17-072 TABLE OF CONTENTS I. INTRODUCTION/ DESCRIPTION OF WORK II. PROPOSAL TERMS AND CONDITIONS III. INSTRUCTIONS TO PROPOSERS A. CITY RESPONSIBILITIES B. PROPOSER RESPONSIBILITIES C. REQUEST FOR INFORMATION OR CLARIFICATION D. ADDENDA E. LICENSES & PERMITS F. INSURANCE G. PAYMENT INFORMATION PACKET H. PRE -PROPOSAL MEETING I. CITY RIGHT TO REJECT J. PROTEST IV. SUBMITTAL REQUIREMENTS A. GENERAL B. PROPOSAL CONTENTS —1. STATEMENT OF QUALIFICATIONS--- - 2. FEE PROPOSAL V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING B. SELECTION VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION B. EXECUTION OF AGREEMENT VILPUBLIC RECORDS EXHIBIT A: SCOPE OF WORK EXHIBIT B: SAMPLE AGREEMENT City of Santa Ana RFP 17-072 2VA37 CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR BUSINESS PROCESS ASSESSMENT AND IMPLEMENTATION PLAN RFP NO. 17-072 INTRODUCTION / PROJECT DESCRIPTION The City of Santa Ana is requesting proposals from experienced consulting firms to complete a Business Process Assessment and develop an Implementation Plan to improve and streamline operations. In an effort to maintain an unbiased process, proposals will only be accepted from consulting firms where the primary source of revenue does not come from sales and support of the software system recommended as part of this RFP process. In order to ensure the highest quality of the Proposer's responses and facilitate the fair and objective assessment of those responses, this document provides guidance to all of the Proposers regarding scope/requirements for a business process assessment and implementation plan and the format and content requirements for vendor proposal submissions. A detailed Scope of Work is attached herein as Exhibit A. II. PROPOSAL TERMS AND CONDITIONS By submitting a Proposal in response to RFP No. 17-072, the Proposer acknowledges that it has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. Examination of RFP 17-072: Proposer represent that it has thoroughly examined and become familiar with the services and responsibilities required under RFP No. 17-072 and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein or any interpretations, clarifications or amendments subsequently posted in the relation to this RFP are fully incorporated as part of RFP No. 17-072. B. Execution of Agreement: The City and the selected Proposer will enter into an Agreement similar to that as shown on Exhibit B of this RFP. If a Proposer is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. Proposal Validity: Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. Pre -Contractual Expenses: Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by Proposers in the preparation of its proposal. E. Joint Offers/Subconsultants: Where two or more Proposers desire to submit a single Proposal in response to this RFP, they should do so on a prime-subconsultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner City of Santa Ana RFP 17-072 2(f -8 as the Proposer. III. 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 responsibility 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 Administrative Services Manager (contact information as noted below) by Monday, September 25, 2017. No verbal requests or responses will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP, as indicated in Section II.D. Margaret Mercer Administrative Services Manager (714) 647-5050 Office mmercernsanta-ana.org D. ADDENDA Any changes in the 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-rfps. 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 Project 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 sample agreement within ten (10) business days after receipt of notice of award. City of Santa Ana RFP 17-072 20N-9 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 agreement has been awarded. The packet is available on the City's website: santa-ana.org/bids-rfps. H. PRE -PROPOSAL MEETING A pre -proposal meeting has not been scheduled for this RFP. 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 agreement will be awarded pursuant to this RFP or otherwise. The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal. 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. PROTEST Proposer 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 with 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. IV. SUBMITTAL REQUIREMENTS A. GENERAL Number of Copies and signature: Four (4) hard copies and one (1) digital file on USB Flash Drive (or equivalent) of your Statement of Qualifications shall be signed by a company official with the power to bind the company and submitted to the City of Santa Ana, per the "Notice Inviting Proposals". One (1) copy of your Fee Proposal shall be submitted, as outlined below. 2. Deadline: Proposals are due to the City of Santa Ana, at the date, time, and location set forth above in the Notice Inviting Proposals. B. PROPOSAL CONTENTS A responsive proposal shall contain the following documentation: City of Santa Ana RFP 17-072 2UAg 1 U 1. STATEMENT OF QUALIFICATIONS The Statement of Qualifications shall be limited to a MAXIMUM of (10) DOUBLE -SIDED PAGES (excluding front and back covers, section dividers and attachments). Font size shall be minimum 11 -point Arial. The Statement of Qualifications includes the following: a. Cover Letter — Proposals shall include a letter signed by a principal or authorized representative who can make legally binding commitments for the entity. b. Agreement Statement: Proposal shall include a statement outlining your concurrence or concerns with any and all provisions as contained in the sample agreement attached as Exhibit B. c. Understanding of Need: Proposal shall include an outline which demonstrates the firm's understanding of the scope of 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. d. Firm and Team Experience: Proposal shall include a profile of the firm's experience. Include resumes of project team/sub-contractors who will be providing services that 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. e. Relevant Proiect 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. Schedule: Proposal shall include a timeline to complete the project, based upon the Scope of Work as detailed in Exhibit A of this RFP and availability of skilled labor force 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. FEE PROPOSAL: Proposer's fee proposal shall be submitted concurrently with the Statement of Qualifications, but in a separately sealed envelope, clearly labeled as "Fee Proposal." This shall include the firm's Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work. If required by the funding source, 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. City of Santa Ana RFP 17-072 2TAII 1 V. PROPOSAL REVIEW (CONSULTANT SELECTION) A. EVALUATION AND RATING The criteria for evaluating the proposals submitted will take the following items into consideration: • Understanding of Need 25% • Relevant Project Experience 25% • Firm/Team Experience 20% • Schedule 15% • References 15% City of Santa Ana RFP 17-072 MH9e 1,$ 2 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. B. SELECTION The committee may interview the top ranking proposers. The City will recommend award of the agreement to the proposer who will provide the best quality and value to the City. City reserves the right to begin negotiations and enter into an agreement without interview or further discussions. VI. AWARD OF AGREEMENT A. REQUEST FOR COUNCIL ACTION Following evaluation and rating by the proposal review committee, the Project Manager will recommend award of an agreement to the proposer providing the best quality and value to the City. B. EXECUTION OF AGREEMENT A sample agreement is attached as Exhibit B. "Proposer" will hereinafter be referred to as "Consultant" in sample agreement. The term of the agreement will begin after the agreement is fully executed, and all required bonds, insurance documents and contents of the payment information packet have been received and approved. VII. PUBLIC RECORDS All responses to the RFP shall become property of the City, and proposals will become public record after award of agreement. Proposer information identified as proprietary information shall be maintained confidential, to the extent allowed under the California Public Records Act. City of Santa Ana RFP 17-072 2M-13 EXHIBIT A SCOPEOFWORK CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR BUSINESS PROCESSES ASSESSMENT & IMPLEMENTATION PLAN RFP NO.: 17-072 Introduction and Background: The Public Works Agency (Agency) is responsible for building and maintaining all public streets, storm drains, sewers, and water facilities. In addition, the Agency coordinates refuse collection and recycling, street sweeping, landscaping of the public right-of-way, tree trimming, and graffiti removal. The Agency is also responsible for ensuring that the community enjoys high-quality drinking water and is able to travel around the City efficiently through the use of a state-of-the-art traffic management system. Agency staff works with neighborhood associations to resolve speeding, parking, and traffic problems, and with developers to ensure that City development standards are met. The Agency is made up of four major divisions that include Administrative Services, Engineering Services, Water Resources, and Maintenance Services. Within each division there are a total of 15 subdivisions with potentially different ways of doing business. Over the years, each Public Works Division has developed its own internal procedures to perform various business processes, including but not limited to accounting, budgeting, cash receipting, payroll, fixed assets, etc. Documentation of these procedures is not consistent nor is it standardized across all divisions. The Administrative Services Division includes a Financial Services section that provides many of the accounting and payroll services for the Agency. They also interact with the City's Finance and Accounting staff on a regular basis. Operationally, staffing within the Administrative Services Financial Services Section has remained essentially the same for the last 10 years or more, only instituting changes related to the City's Enterprise Management System and incorporating internal upgrades to computer technology. In December 2013, the U.S. Office of Management and Budget (OMB) issued comprehensive grant reform rules titled, "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (Uniform Guidance). As a recipient of Federal funding, these OMB Uniform Guidance regulations impact the Agency by regulating the way grants and contracts are to be managed, and the accounting principles utilized. It is unknown if all of the relevant procedures being used across the Agency are in compliance with the OMB requirements. Description of Work: The Public Works Agency is seeking professional consulting services to evaluate current financial and administrative business practices and recommend operational changes to implement immediately and into the future. The Scope of Work includes the following major areas: 1. Document all relevant "As -is" Agency business processes. • Proposers should note that this includes processes currently in place as well as any workarounds that are currently employed. City of Santa Ana RFP 17-072 20A -f4 • The proposal must detail the methodology for documenting "As -is" processes and studying, discovering, identifying, and formulating recommendations. 2. Provide recommendations for new procedures to streamline and standardize these processes throughout the Agency. 3. Identify and incorporate OMB Uniform Guidance requirements as needed to bring all relevant current and new procedures into compliance with the most up-to-date regulations. This includes establishing procedures, checklists and other tools to assist the Agency in grant development, contract management, performance tracking, grant reporting, and compliance requirements for the entire grant life cycle. 4. Recommend operational and staffing improvements for the Administrative Services Financial Services Section that will improve the efficiency and efficacy of the recommended procedures. 5. Recommend specifications for a software system that will facilitate streamlined process improvements, provide the ability to have data readily available for budgeting and reporting purposes, and can be interfaced with the City's Enterprise Management System. 6. Identify implementation strategies for all recommendations. • The plan should propose a strategy for implementing the recommendations resulting from the findings. The Agency expects this plan to span several years and to include a schedule identifying which changes should be put into practice immediately, over time, and/or with the implementation of new software. Relevant Agency Processes: The following business processes are relevant for both the "As -Is" business process documentation and the operational improvement evaluation and implementation plan. 1. Cash: Encompasses the business functions necessary to receive and account for cash. 2. Asset Management: Includes all business functions required to obtain, manage, and dispose of fixed assets and assets under construction. This includes such functions as capital project outlays and expenditures, contract review, asset management and depreciation, and capitalized interest. 3. Budget: Encompasses all business functions necessary to plan, formulate, create, execute against, control, and report on the budget and business activities of the entity. This includes updates to the general ledger, as well as position budgeting and control. 4. Procurement: Includes all business functions necessary to define a need for and to pay invoices for goods or services; all processes related to procurement of goods, professional services and construction contracts; and coordination of annual project and purchase order carryforward. Additional processes include maintaining current certificates of insurance for active vendors. 5. Billing: Includes all functions necessary to accurately and timely bill for projects, grant -funded projects, etc. 6. Timesheet: Includes all business functions to accurately and timely account for staff time. Staff time, for the most part, is accounted for on a project basis. On occasion, for grant -related projects, staff time is billed to outside entities. City of Santa Ana RFP 17-072 MWI 5 Prior to the closure of the Request for Information period, Proposers may recommend other processes they believe to be relevant in their experience. After that time, additional processes will not be considered for this RFP. If additional business processes are to be incorporated into this RFP, the Agency will notify all Proposers through the Addenda process outlined in the Instructions to Proposers (p. 5). Desired Outcomes & Deliverables Upon completion of this project, the Agency expects a detailed roadmap to achieving streamlined financial and business processes agency wide. These processes are to provide consistency and transparency at every level within the Agency and seamless reporting/communication with external agencies, including the City's Finance & Management Services Agency, and outside grant agencies. The services requested by this RFP will provide evidence -based operational improvement recommendations, conceptually redesigning the way the Agency functions with respect to Administrative Services Financial Services Section, specifically in the areas of: 1. Organizational Configuration — The Agency recognizes the need to align and plan for changes to its operational and business structure (e.g., centralized or de -centralized functions). 2. Roles and Responsibilities — The Agency also anticipates changes to current roles and responsibilities of business process owners and users as a result of, or in conjunction with, changes to fundamental operations, 3. Policies and Procedures — The Agency requests an evaluation of its current policies and procedures to ensure compliance with legal regulations and alignment with industry best practices. The Agency recognizes that this operational improvement effort will necessitate some modifications of, and in some cases, entirely new, policies and procedures. 4. OMB Uniform Guidance Regulations — The Agency recognizes that aligning any new and/or updated procedures with OMB Uniform Guidance Regulations will demonstrate positive efforts toward meeting compliance requirements. The Agency requests the plan to include educating staff on policy changes and instructions on how to achieve compliance. 5. Financial Reporting — The Agency requests recommendations for ongoing data collection and report generation that will provide easily accessible financial information for Agency operations and for communicating with other City and outside grant agencies. 6. Software Implementation — The Agency recognizes the benefit of specialized software to facilitate ongoing data collection and reporting. Proposers are expected to provide specifications for recommended software that sufficiently specifies system requirements so that, if necessary, an appropriate Scope of Work can be developed for a subsequent RFP process. The Agency is not interested in sole -source marketing materials or any response that is focused on a single vendor or solution. In consideration of these parameters, proposers responding to this RFP are not precluded from any subsequent RFP process for software selection and implementation. Schedule The Agency desires completion of the elements of this Scope of Work and receipt of all approved deliverables by December 2017. Proposers should present their most expedited schedule in their response to this RFP. City of Santa Ana RFP 17-072 2OA-16 EXHIBIT B SAMPLE AGREEMENT CONSULTANT AGREEMENT THIS AGREEMENT is made and entered into this _ day of , 201_ by and between , a sole ownership entity, (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 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: SCOPE OF SERVICES Consultant shall perform those services as set forth in Exhibit A 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. The total sum to be expended under this Agreement shall not exceed $ during the term of this 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. 3. TERM This Agreement shall commence on the date first written above and terminate on 2015, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may be extended upon 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 performs the services which are City of Santa Ana RFP 2(�j'1 7 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. Consultant 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. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. City of Santa Ana RFP 17-072 20P.A:f8 e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. 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. INDEMNIFICATION Consultant agrees to 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 direct or indirect operations of the Consultant 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 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. 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 City of Santa Ana RFP 17-072 20A I9 payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 10. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 11. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 12. 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— Fred Mousavipour City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Santa Ana, California 92702 And City of Santa Ana RFP 17-072 26A!20 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: 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, 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 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 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 City of Santa Ana RFP 17-072 2W21 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. 16. 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. 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 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 CITY OF SANTA ANA DAVID CAVAZOS City Manager City of Santa �Ana RFP 17-072 20 `�-1$2 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Name of Attorney City Attorney RECOMMENDED FOR APPROVAL: CONSULTANT Name (NAME) Executive Director — (Agency) (Title) Tax ID# City of Santa Ana RFP 17-072 MW23 EXHIBIT A SCOPE OF SERVICES EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES City of Santa Ana RFP 17-072 26X-24 EXHIBIT C ADDITIONAL INSURED ENDORSEMENT FOR COMMERCIAL GENERAL LIABILITY POLICY Insurance Company This endorsement modifies such insurance as is afforded by the provisions of Policy # relating to the following: 1. The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701; its officers, employees, agents, volunteers and representatives are named as additional insureds ("additional insureds") with regard to liability and defense of suits arising from the operations and uses performed by or on behalf of the named insured. 2. With respect to claims arising out of the operations and uses performed by or on behalf of the named insured, such insurance as is afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds. 3. This insurance applies separately to each insured against whom claim Is made or suit is brought except with respect to the company's limits of liability. The inclusion of any person or organization as an insured shall not affect any right which such person or organization would have as a claimant if not so included. 4. With respect to the additional insureds, this insurance shall not be cancelled, or materially reduced in coverage or limits except after thirty (30) days written notice has been given to the City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92701. (Completion of the following, including countersignature, is required to make this endorsement effective.) Effective Policy # _ Issued to this endorsement form as a part of Named Insured Countersigned by Authorized Representative City of Santa Ana RFP 17-072 2OFA 215 20A-26 Exhibit 2 AGREEMENT FOR BUSINESS PROCESS ASSESSMENT AND IMPLEMENTATION PLAN THIS AGREEMENT is made and entered into this 20th day of February, 2018 by and between Chazey Partners, 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. On September 13, 2017, the City issued Request for Proposal No. 17-072, by which it sought a consultant to prepare a Business Process Assessment and Implementation Plan. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-072. 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 contracting 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 the services that were described in the scope of work that was included in RFP No. 17-072 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the term of this Agreement, including any extension periods, shall not exceed $413,000. This sum includes the (1) base fee of $359,120 plus (2) I5%o- of the base fee for estimated expenses by Consultant. 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 and Scope of Work, which may reasonably be expected by City. Page 1 of 8 20A-27 3. TERM This Agreement shall commence on the date first written above and terminate on February 19, 2020, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one 1 -year period upon a writing executed by the City Manager and 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 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 Page 2 of 8 20A-28 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. 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. 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 Page 3 of 8 20A-29 and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. 8. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright 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. Page 4 of 8 20A-30 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 interest 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: 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 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 Page 5 of 8 20A-31 To Consultant: Chazey Partners, Inc. 900 E. Hamilton Ave, Suite 100 Campbell, CA 95008 Attn: Phil Searle, CEO 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 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 mill 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. Page 6 of 8 20A-32 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 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. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of Page 7 of 8 20A-33 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 iully 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 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: M. Funk ssistant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director, Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT Name: Title: Page 8 of 8 20A-34 PROPOSAL FOR RFP NO,: 17-072 BUSINESS PROCESSES ASSESSMENT & IMPLEMENTATION PLAN CITY OF SANTA ANA PUBLIC WORKS AGENCY 20A-35 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • TABLE OF CONTENTS 1 COVER LETTER.............................................................................................................................3 2 AGREEMENT STATEMENT............................................................................................................5 3 UNDERSTANDING OF NEED..........................................................................................................5 3.1 SCOPE..................................................................................................................................................................5 3,2 APPROACH&TASKS...............................................................................................................................................6 PHASE1 ........................................... ............................... 9 PHASE2..................................................................................................................................................................... 13 4 FIRM & TEAM EXPERIENCE........................................................................................................17 4.1 CHAZEY PARTNERS PROFILE , ...........................1. 17 4.2 PROPOSED CONSULTING TEAM............................................................................................................................... 19 5 RELEVANT PROJECT EXPERIENCE................................................................................................25 6 SCHEDULE.................................................................................................................................26 7 REFERENCES..............................................................................................................................30 ATTACHMENTS...............................................................................................................................32 Levelsof Process Documentation....................................................................................................32 RoleDescriptions for Specialist Teams.............................................................................................33 Profilesof Proposed Chazey Partners' Resources.............................................................................34 Chazey Partners Revised per email communication request 10/31/17 20A-36 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) 1 COVER LETTER November 9, 2017 City of Santa Ana Attention: Margaret Mercer, Administrative Services Manager Public Works Agency 20 Civic Center Plaza, 41' Floor, Ross Annex Santa Ana, CA 92701 Thank you for the opportunity to re -bid on RFP #17-072, Business Processes Assessment and Implementation Plan for the City of Santa Ana Public Works Agency (the "Agency"), We have revised our proposal based on the direction provided in your clarification email along with what we heard in the interview. In line with your request, we have primarily modified the following sections: Section 3: Understanding of Your Needs — We have revised our Scope of Work (Section 3.1.3) and our Approach & Tasks (Section 3.2) to address your request for an end-to-end service supporting software selection and deployment, as well as the implementation of new procedures, in two project phases. Additionally, we Incorporated and accounted for a scope that Is slightly broader than originally Identified and Includes all decentralized administrative (clerical) support functions. Section 4.2: Proposed Consulting Team -- We have revised our proposed project team to better align with the Agency's needs. The proposed team has been modified to include an optimal mix of business process and software system implementation expertise, Including the addition of a Lawson expert, for supporting the full project scope of the business process assessment, the software selection and deployment, and the implementation of new procedures. Additionally, we have added Section 4.2.3 highlighting our approach and experience related to the software selection process. Section 6: Schedule — We have updated our schedule to reflect our revised Approach & Tasks (Section 3.2) for supporting an end-to-end software deployment and implementation of new business processes. We have provided a detailed timeline for project phases 1 & 2 along with the associated sub -phases. In compliance with the original RFP request, we have included our revised'Fee Proposal' in a separately sealed envelope. Chazey Partners Inc. is a California-based corporation. We provide practitioner -based expertise in Implementing and operating mission -critical business support services and technology solutions. We have multiple years of experience leading and supporting similar business process reviews and technology selection projects, in both the public and private sectors. We confirm that our primary source of revenue does not come from sales and support of software systems, including any that would be recommended as part of this project. We acknowledge that we have thoroughly examined and accept the Terms and Condition of the RFP as described therein. We are a California small business. For reference, please note that we recently underwent a Fair Work Fair Wage audit completed for the University of California system and are in compliance with Equal Pay laws. I confirm that as CEO, I am authorized to make legally binding commitments on behalf of Chazey Partners, and this authority covers both this Statement of Qualifications and the Fee Proposal. We assume responsibility for all services in our proposal. Upon the contract award, we will identify a sole point of contact with the greatest knowledge regarding the required service operations and contractual matters, including payment of all charges resulting from the Agreement. Chazey Partners Revised per email communication request 10/31/17 20A-37 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9117) ' •' We would be pleased to provide evidence of financial capacity, If requested or required. Please feel free to contact us with any questions and we look forward to discussing our response to this RFP with you. Best Regards, Phil Searle Founder & CEO Chazey Partners Office: 855-692-6229 Mobile: 408-460-0785 philsearle@chazeypartners.com Chazey Partners Revised per email communication request 10/31/17 20A-38 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) �i r 2 AGREEMENTSTATEMENT Chazey Partners, as the Proposer, has thoroughly examined and accepts the Terms and Conditions of this RFP as described below: A. Examination of RFP 17.072: Proposer represents that it has thoroughly examined and become familiar with the services and responsibilities required under RFP No. 17-072 and that it is capable of effectively and efficiently performing quality work to achieve the City's objectives. Any attachments referenced herein, or any interpretations, clarifications or amendments subsequently posted In the relation to this RFP are fully incorporated as part of RFP No. 17-072. B. Execution of Agreement: The City and the selected Proposer will enter into an Agreement similar to that as shown on Exhibit B of this RFP. If a Proposer Is unwilling or unable to execute an Agreement within thirty (30) days after being notified of selection under this RFP, the City reserves the right to select the next most qualified Proposer or call for new Proposals, whichever the City deems most appropriate. C. Proposal Validity: Services, pricing and warranties indicated in a respondent's Proposal must be valid for a period of 120 days after the submission of the Proposal. D. Pre -Contractual Expenses: Santa Ana shall not, in any event, be liable for any pre -contractual expenses incurred by Proposers In the preparation of Its proposal. E. Joint Offers/Subconsultants: Where two or more Proposers desire to submit a single Proposal In response to this RFP, they should do so on a prime-subconsultant basis. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Should the use of subconsultants be offered, the Proposer shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the subcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subconsultants in the same manner as the Proposer. 3 UNDERSTANDING OF NEED 3,1 SCOPE 3.1.1 City of Santa Ana Santa Ana is the financial and governmental center of Orange County, the second largest city in Orange County, and the eleventh largest in California. Six Council members and the Mayor govern the City. In 2014, the City adopted a 5 -year Strategic Plan. The Plan includes a vision, mission, guiding principles, multi-year goals, objectives and strategies per goal, and a plan for implementation and accountability. One of the multi-year goals acknowledged that the City continues to face increasing demands for service with limited resources. This challenge provides an opportunity for the organization to become innovative and efficient in the delivery of City Services. An important strategy for accomplishing this goal is to "create a culture of innovation and efficiency within the organization" with the accompanying guidance (5.e) to "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." 3.1.2 Public Works Agency The City of Santa Ana Public Works Agency (the "Agency") is responsible for building and maintaining all public streets, storm drains, sewers, and water facilities. Responsibilities include traffic management, the City's drinking water systems, refuse collection and recycling, street sweeping, and landscaping public right -of way. Consistent with the Strategic Plan innovation and efficiency guidance cited above, the Agency is evaluating the business practices of the Administrative Services Financial Services Section (the "Section") to understand operational changes that they can implement Immediately and into the future. In addition, the Agency seeks to ensure that Its grant management and reporting is in compliance with the U.S. Office of Management and Budget (OMB) Uniform Guidance. Chazey Partners Revised per email communication request 10/31/17 20A-39 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • I ° P . r 3.1.3 Scope of Work The Agency is seeking a consulting partnerto evaluate its financial and administrative business practices, recommend operational changes and support the implementation and operationalization of the future state operating model and processes. These practices are distributed across the Agency to some extent and not limited to individuals with reporting lines into the Section. Accordingly, the scope includes all Agency functions and operations, including the decentralized administrative (clerical) support functions supported by (6) Senior Office Assistant positions and (1) Data Entry Office Assistant, as well as the following business processes: cash; asset management; budget; procurement; billing; and timesheets. The scope of work/methodology will be separated into 2 phases of work. Phase 1 will be focused on the evaluation of the Agency's business practices and Identifying and documenting the future state procedures and software requirements. The key deliverables of this phase will include the following: • Documentation of business processes, Including As -Is processes and workarounds, and To - Be process flows in swim lane format to the desktop procedure level • Future State Recommendations with optimized, streamlined and standardized processes, including changes to current roles and responsibilities, evaluation/recommendations on policies and procedures, and recommendations for a leading practice financial, performance and compliance reporting framework • compliance with OMB Uniform Guidance, including plans for training and maintenance • Technology assessment and specifications for any new recommended software to support the streamlining of processes and facilitate data collection, reporting and budgeting • If found necessary, the development of an RFP for the system selection end assistance in selecting the new system • Development of now operating model and organizational structure to deliver optimal future state, achieving operational and staffing improvements while incorporating technology solution(s) and enablers Phase 2 will be focused on the implementation and cps rationalization of the new operating model, including processes and procedures as well as a new software system, if procured. The key deliverables for this phase will be: • Support of the implementation and training of the software system solution, once procured • Build of end-to-end future state processes and procedures to effectively align with new software system, including hand-offs and exception documentation and testing • Implementation of OMB Uniform guidance training and maintenance plans together with the new procedures and processes, ensuring these are operatlonalized and working compliantly • Operationalization of future state, including comprehensive implementation plans with a detailed deployment approach to support training, the rollout of technology and processes, go - live, stabilization and optimization 3.2 APPROACH & TASKS 3.2.1 Approach Overview In this section, we explain our five -phase approach to transformation, how we leverage the four critical success factors, and the centralization/decentrallzation cycle that many organizations struggle to move past. Five Phase Approach Our general approach to transformation is based on the five phases as shown in Figure 1. Chazey Partners Revised per email communication request 10/31/17 20A-40 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • Figure 1: Five Phase Approach to Transformation PHASE 1 ROADMAk SOPTWAR6 5H16CT1ON & 000311 This proposal covers all phases of work in this five -phase approach which we have mapped to support your plans and needs: Phase 1: Roadmap, Software Selection & Design and Phase 2: Build, Implement and Stabilize, as identified in Figure 1. Phase 1 starts as a streamlined phase of work to enable a broad scope across end-to-end Finance & Administrative services. At the start of this stage, the opportunities for the Agency have not yet been defined and prioritized. Thus, the initial efforts will be higher-level to avoid the project team getting lost in detail, while ensuring thatthey have capacity to consider all available opportunities. Phase 1 will progress, closing with a concise view of the planned future state providing clearly defined documentation of procedures, roles and responsibilities and software system requirements leading to the selection of the appropriate tool that will facilitate streamlined process improvements, provide the ability to have data readily available for budgeting and reporting purposes, and can be interfaced with the City's Enterprise Management System. Phase 2 will construct the systems and processes to achieve the future state, and operationalize the future state solution. Operationalizing the future state design will span organizational, procedural and systemic changes. We will provide support for change enablement, communications, training, adoption of new roles, responsibilities and procedures, and integration of new software into daily work practices. We will ensure that Agency personnel can easily access both pre -designed and ad hoc data to support budgeting and reporting as needed. The stabilization piece of this phase is critical to ensure that workload is optimized and operating the way it was designed. The net result of Phase 2 will be a new way of operating, in line with the Agency's vision, in a more efficient and effective manner. Critical Success Factors There are four main critical success factors for any top performing organization: client, process, technology and people. These critical success factors are shown in Figure 2 below. In many organizations, there is a focus on process optimization and technology, with some consideration usually given to ensuring the right people are in place and trained to do the work. As we discussed in our initial Interview, it is equally important to focus on the needs of the client (internal and external) and stakeholders, especially In a City/Municipal context. In our project, we will Incorporate required interactions with other City agencies and departments, responsibilities and accountabilities to the City Council, and most importantly, the needs of the citizens and businesses in Santa Ana, as served by the Agency. Chazey Partners Revised per email communication request 10/31/17 20A-41 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • r Figure 2: Critical Success Factors Central/zatlonlDecentralizatlon Cycle Structures have benefits and challenges. For example, a decentralized structure can be perceived as being more responsive to the needs of the various operational departments, with the business being able to control decisions/budgets, and having the option to customize services to local requirements. These benefits can be offset by disparate processes, multiple standards and redundancies as several departments provide similar services. A decentralized structure can have difficulty managing and reporting on compliance to policies and controls, costs are typically higher, and any increase in needs requires a proportionate increase in administrative resources (not scalable). In contrast, a centralized structure can benefit from common systems and support, a strong compliance environment, and lower costs through economies of scale. However, a centralized model can be perceived as remote from the business, bureaucratic, and operational departments may see the centralized function as simply corporate overhead. Unresponsive and inflexible services from a central group can spawn shadow operations where operational departments build their own systems and procedures to provide services customized to local needs, Some organizations move through centralization/decentralization cycles, as they struggle to optimize their structure and operating model. For example, an organization may experience a control failure or a directive from a central body that causes it to move from a decentralized model to centralized. After a few years of extracting costs and standardizing, a new executive may emphasize service delivery sitting closer to the business, providing the impetus for decentralization of operations. This cycle is illustrated in Figure 3. Chazey Partners Revised per email communication request 10/31/17 20A-42 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) ' = Figure 3: Centralization/Decentralization Cycle Coe Cernp-_._.. _... _.. unresponsive to ss One of our key strategies in the optimization of financial and administrative services is to create shared services that incorporate the strengths of both centralized and decentralized structures, through strategies such as client -focus, two-way agreements on services and inputs (Service Partnership Agreements), and Improved transparency with clear costs, and alignment on roles and responsibilities. 3.2.2 Tasks & Deliverables by Phase PHASE 1 The Business Processes Assessment and Implementation Plan will describe the recommended end state for Finance and Administrative Services at the Agency and will include the supporting business case, implementation plan, documentation of As -Is processes, technology assessment and specification for recommended software, resourcing, governance and communications. The economic justification and overall change rationale for the implementation are also provided. The Roadmap will provide all of the information required to support a decision on whether to pass the first tollgate for the Project: whether to proceed to the subsequent activities of Software Selection and the Design of the future state. It will also act as an essential control mechanism for the entire project against which its success will be measured and evaluated. Once this tollgate is confirmed and passed, the work in this phase shifts to the finalization of the requirements for the software solution and the accompanying procedures. If the requirement for a new system is determined, we will support, the creation of the RFP and support the selection of the new system to streamline processes and facilitate data collection, reporting and budgeting. Additionally, we will design and document the new operating procedures. Figure 4 provides the key activities and deliverables for Phase 1. The external Chazey team will provide the bulk of the dedicated effort to drive content delivery, as much of the internal effort at this stage is of a consultative and advisory nature. Chazey Partners Revised per email communication request 10/31/17 20A-43 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) ' Figure 4: Phase 1 Key Activities & [Deliverables saanit7aP_. 11. 1 ...... .. assteH Roadmap This section of the proposal highlights how specific activities in the Roadmap portion of Phase 1 align to the description of work in the RFP, Process Documentation The first major area in the scope of work is to document all relevant As -Is Agency business processes. The initial effort during the Baseline & Benchmark sub -phase is to collect, consolidate and assess relevant process manuals, documentation and procedures. This will be done through interviews with subject matter experts, stakeholder interviews/surveys and review of available documentation. The goal will be to prepare for the current state roundtables (process review workshops), including identifying the structure of the workshops and most appropriate participants. We will conduct several workshops throughout the Business Processes Assessment and Implementation, Identifying opportunities for standardization and optimization of business processes. The initial goal of the first process review workshops, called the current state roundtables, is to understand the current state to a level well enough to identify the key inputs, outputs and hand-offs within the existing processes across the Agency. Chazey Partners classifies processes by their level of detail, between level 1 (function) and level 5 (desktop procedures). Whether a given sub -process is at a particular level depends on each clients operating environment, particularly if attempting to distinguish between levels 3 and 4. Simple processes may not need all five levels of granular detail. The levels of process documentation are illustrated in the attachments on page 32. It is important at this stage to not try to document to level 5 (desktop procedures) as the concern is falling Into the trap of "process mapping for the sake of process mapping'. This is where organizations spend a significant amount of effort mapping current state processes to a high-level of precision, having no clear roadmap on how to action change, and eventually filing the process maps away for future reference. We avoid this trap through having clear goals and methodologies for each phase of process mapping, matching the level of detailed mapping to the specific goals of the activity. The process maps are leveraged and revisited throughout the transformation journey. The initial As -Is process maps are typically developed to level 3. These maps highlight the end-to-end flow, location - specific requirements and the necessary hand-offs. A key design goal is to identify ways to standardize the process as much as possible across the organization to gain productivity efficiencies. Chazey Partners Revised per email communication request 10/31/17 20A-44 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9117) • ° • •' i Streamline & Standardize processes We will leverage the As -Is process documentation as a key input into an Opportunity Matrix. This Matrix brings together the observations and analysis from the prior activities with leading practices and impact assessments. It is typically not practical for an organization to adopt 100% of leading practices as many organizations lack the required economies of scale, the funding for a new technology solution, or other enablers. This is entirely normal. Indeed, this is not about achieving "world-class", but rather it is about moving the Agency on the path towards world-class In a way which is practical, relevant, appropriate and achievable for the Agency. Therefore, the conceptual design Is not for some "theoretical" organization or enterprise, In developing these scenarios, It Is important to use appropriate selection criteria: • Suitability: business criticality, complexity, people, cost and volume • Do -Ability: operational readiness, infrastructure readiness, external constraints. At this point, the governance for the Project would then select the priorities for transformation through a facilitated process. These priorities would consider the individual area's transformational objectives, capacity for change, potential opportunities, budget and dependencies, such as technology enablement. We then spend the final sub -phase of the project developing a more granular analysis based on the approved scope, culminating In the financial business case and implementation plan. OMB Uniform Guidance Requirements The Initial sub -phase of work includes Identifying the relevant requirements from the Office of Management and Budget (OMB) Uniform Guidance. As these guidelines consolidate eight previous sets of guidance into a single document, the elimination of overlapping and conflicting provisions facilitates compliance, while reducing administrative burden and risk of waste and abuse. The 2013 guidelines are being updated and our work will include the most recent changes. As a key part of the Opportunity Assessment, we will incorporate the relevant Uniform Guidance requirements Into the Opportunity Matrix, consolidating these recommendations with our other findings and the gaps between the current state and leading practices. The final workup towards the development of the financial business case and implementation plan includes the development of a future state operating model that we will validate against the Uniform Guidance. This activity will include the development of a complianceltraining plan, that will support maintenance of the procedures and checklists to assist the Agency in grant administration and reporting. Operational & Staffing Improvements To properly support an employee transition plan, it is critical that the Agency complete an Activity Based Analysis (ABA) as a foundational activity. Figure 5 provides a sample ABA. Figure 5: Sample Activity Based Analysis This sample ABA illustrates how an accurate cost for each service line is derived by allocating each position's time to the high-level processes and extending these totals against the salary budget and Chazey Partners Revised per email communication request 10/31/17 20A-45 -I r p I 131 ?I!I rvro4a: "Nmm rYizga'"ac imI is ':g° WMars 1 A4 '. a�mae"awav'mmma 6t�.Aa uD.D N WwWWv f. W iMI.. eie 4�e xd tlipn' f4aV ': Dz' I D flWAkbfi M M1 IDPN i9 LMI � Y4 ' ua S M !9 W tlm � uas wnew wx f o -n 4a Ym w Y MY A4 W 'ph cs I an .M d a W MMM 6 WG YA t I. Ma a@ Ap q mn i AM4 YA ar DM IX . u This sample ABA illustrates how an accurate cost for each service line is derived by allocating each position's time to the high-level processes and extending these totals against the salary budget and Chazey Partners Revised per email communication request 10/31/17 20A-45 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) relevant overheads. This tool is effective in highlighting differences and gaps between different operating divisions performing the same function. It also provides the baseline cost for determining the effort required to operationalize the desired future end state and for measuring future efficiencies. The ABA will be particularly useful to the Agency to identify overlap in current Finance and Administrative Services effort and to help drive an organizational design based on teams with clarified roles and responsibilities. Leading practices recommends moving from a dlstributed/generalist model towards specialist teams where transactional and administrative services are provided by a Shared Services Organization, with documented processes and service standards that are agreed to, and to which the providers (and clients, for inputs) are accountable. This frees up your professional and technical staff to provide more strategic, business partnering, and proactive services, without day-to-day operational demands crowding out these value-added roles. The attachments provide an example description of potential roles for specialist teams on page 33. The Project will deliver a new operating model and organization design to support and enable the recommended future state. These will be directly linked to the financial business case and implementation to provide prudent and achievable performance targets. Specifications for Software System We will develop a technology landscape through Interviews with IT subject matter experts and review of available documents, such as records management workflows (to be developed in the Digital Records Management project, as relevant). The Technology Landscape reviews and catalogues the City's Enterprise Management System (EMS) and other supporting technology environment, including feeder systems and workarounds, to help the project team understand how each of the processes is supported by the EMS platform or alternative technology. We will assess and make recommendations on technology. Initial considerations will come from assessing and making recommendations around what functionality the EMS has, but for whatever reason, has not been made available. To the extent possible Chazey will look at technologies that the City already owns but perhaps does not yet fully leverage. Where there are repetitive tasks, we will look for opportunities for Robotic Process Automation, which can provide effective automation with a very short return on investment. In addition, we will consider what additional technology enablement may support the Agency in streamlining processes to facilitate data collection, reporting and budgeting. We will provide specifications and recommendations sufficient to allow the Agency to determine if procurement of a new software system is necessary. This report will link to the process documentation and the recommendations for process optimization and standardization. A key requirement will be financial, compliance and performance reporting capabilities that are interfaced with the City's Enterprise Management System, enabling seamless reporting to external agencies. Lastly, we will assist the Agency in writing the RFP for vendor selection and will work with the selected software vendor to ensure that the objectives of the recommended process changes are met. Implementation Strategies The final major area of the Roadmap will identify Implementation strategies for all recommendations. We will provide the actionable roadmap for in -scope services, including a definition of how each component of the proposed operating model will be delivered, the sequencing of the recommended rollout, and actions/deliverables agreed in the final plan. This roadmap will define the tasks, deliverables, timeline, workdays, estimating assumptions, staffing requirements and approach for the Project. We will recommend changes where appropriate to the existing governance framework to ensure it is robust and provides strategic leadership, enables effective decision making, approves key decisions, drives progress, supports quality and secures commitment. The implementation plan will be based on a phased approach that will consider quick wins, various strategies for the scope for each wave, and any technology constraints that may dictate certain go -live dates. Chazey Partners Revised per email communication request 10/31/17 417 - . City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • II • r , Design Coming out of the Roadmap, the Agency will have sufficient information to determine the next steps of the project. In this capacity, the evaluation and decisions will be focused in two key areas; First, to determine the need to procure a new software system supporting the streamlining of procedures. Second, to confirm the in -scope services the Agency wants to move forward with transforming. Software System selection If it Is determined that a new software is necessary to facilitate streamlined process Improvements, provide the ability to have data readily available for budgeting and reporting purposes, and be interfaced with the City's Enterprise Management System., we will help write the RFP, determine the content to be Included In the RFP documents and recommend what solution vendors that should be included in the RFP process. We will work with the Agency to determine the key criteria for assessing the systems through the analysis of the required functionality, cost, ongoing support, viability of the vendor long term, IT Infrastructure, ease of use, training methodology, and the service level agreement terms. We have, as both practitioners and as consultants, assessed the need for, evaluated and Implemented many different software systems and technology platforms. Our experience will help ensure that the Agency selects a system that effectively and efficiently meets its requirements for streamlining data collection, reporting and budgeting processes and procedures. Design Procedures The other key activity of this phase is the design of the new operating model and organizational structure to deliver the optimal future state. The key outcome of the design is ensuring that proposed model is practical, relevant, appropriate and achievable for the Agency and best supports its operational and staffing goals while properly incorporating the technology solution(s) and enablers. One of the key activities for achieving this is to facilitate workshops and small group work to design the standardized, cross Agency To -Be processes at the sub -process and activity (desktop procedure) levels. We will identify, confirm and prioritize the key process transformation opportunities with the internal project team and key stakeholders. These activities will confirm end-to-end process ownership, responsibilities by role and location, while documenting both the client and provider accountabilities. The key output is the documentation of process maps and desktop procedures, validated and signed -off by the internal team and subject matter experts. PHASE 2 After Phase 1, the key opportunities for streamlining and standardizing processes will be identified and prioritized. This phase will begin by confirming that all functions are appropriately developed and fully integrated into the end -state organization and conclude with the operationalization of the new model. This includes ensuring that all processes have been clearly documented to identify who has responsibility, all systems and technology are appropriately incorporated, and the work requirements have been optimized. Through the work in this phase, we will assess the effectiveness of the operational state and make changes to address any weaknesses identified. Figure 6 shows the full schedule of activities and deliverables we will complete in Phase 2 Chazey Partners Revised per email communication request 10/31/17 20A-47 City of Santa Ana RFP 17-072 i Statement of Qualifications (Revised 11/9/17) r Figure B: Phase 2 Key Deliverables& Activities Build New Procedures and Software System In this phase, we will facilitate workshops and/or small group work to finalize the standardized, streamlined To -Be processes at the procedure level. All hand-offs and exceptions will be approved and clearly documented. This will result in the validation and finalization of the written process flows and procedures to be deployed at implementation. If a new software system is procured, we will support the configuration and building of the agreed technology enablers and ensure effective integration into the To -Be processes and procedures. Key steps will follow the Agency's procurement/development pathway, but will typically include: configuration and development; integration and interfaces; testing (including user acceptance testing); and training. We will also work with functional SMEs and IT experts to ensure that the technology solutions and future state technology touch points are highlighted in the To -Be process flows and that feedback and considerations from the process optimization activities are used to update any technology assumptions. We will further detail the extent of technology standardization and any bridging solutions to account for the potential of extended technology go -lives. Performance Measurement Framework Another key activity is socializing the concept of Input, output and operational KPIs, incorporating this into a Performance Measurement Framework. We will incorporate and adapt the nine elements (Figure 7 on the next page) of the Client Interaction Framework into the Build. The agreed upon metrics will be confirmed, including key performance indicators and benchmarks. We will then build the processes for tracking and reporting performance, leveraging available technology to automate the reporting process for a full framework of input, output and operational KPIs. Chazey Partners Revised per email communication request 10/31/17 KO -• City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17). ° Figure 7: Client Interaction Framework Operationalize deployment of new procedures and system Deployment will be managed to roll out the future state in a planned, controlled fashion, respecting the capacity of the internal team, clients, technology, and the legacy organization. We will use a detailed deployment plan Including the deployment schedule, cutover checklist and the deployment team resourcing to identify process, technology and organization transition activities required for a successful go -live, including the timing of activities, key dependencies and roles/responsibilities of all parties. We will support the training on end-state/future state processes through the creation of training materials based on finalized processes & systems. Additionally, we will facilitate work shadowing (to the extent that one group of people is tak6g over responsibility of processes from another group of people) and knowledge transfer from customer and incumbent providers to the extent needed. The focus is ensuring both the new future state organization and the customers are ready for go -live. Key steps include readiness testing in the month before implementation, documenting all issues, and preparing the pre -implementation action plan to ensure that all go -live critical issues are resolved prior to date of implementation. OMB Uniform Guidance During Phase 2 we will take several steps to ensure compliance with OMB Uniform Guidance. First, we will ensure that OMB Uniform Guidance requirements are built into the new procedures and software system usage steps. During implementation of these new procedures, we will test compliance with these requirements across a range of applicable test cases. Finally, during stabilization, we will utilize a self - audit to confirm OMB Uniform Guidance compliance and teach others in the Agency how to periodically use this self -audit to sustain compliance going forward. Stabilization Post -implementation focus will shift to Stabilization. This sub -phase is focused on ensuring that all functions are fully integrated and operational in to the end -state organization. Procedure and technology documentation is revised, if necessary, to accurately reflect any modifications to the final processes. The systems and procedures for creating performance reporting and the framework for obtaining feedback from customers and service providers are evaluated and confirmed to ensure weaknesses are identified for ongoing improvement. Chazey Partners Revised per email communication request 10/31/17 20A-49 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) QW411 I 3.2.3 Suggestions & Special Concerns Our primary suggestion is that the Agency not underestimate the opportunity to truly innovate and become more efficient through this effort. We have completed a significant number of transformations, including process assessments, compliance studies and technology evaluations for public and private organizations over more than 10 years. We understand the work required to achieve a transformative change of this type. In addition, we suggest that the Agency consider notjust a software system, but also scalable technology like Robotic Process Automation, Data Analytics/Business Intelligence and Process Orchestration tools to achieve its stated goals more quickly. 3.2.4 Assumptions & Exclusions Our proposal provides a range of support required to complete the two phases outlined in our approach. The exact time and effort will be better defined after the Roadmap sub -phase. Atthis point we will provide the Agency with recommendations regarding a technology recommendation and future state opportunities. Once the Agency decides what opportunities to pursue we will be able to better determine the time and effort of the Chazey team. Expenses would be itemized separate from fees and charged on a cost recovery basis in accordance with the City's policies. Invoices will be raised approximately monthly and linked to the completion of deliverables in this proposal. The invoice will include a detailed breakdown of work completed by each team member. Chazey Partners will Invoice for straight hours worked and does not bill for unproductive travel time. We understand that the City will select the consultant based on qualifications, and then negotiate a contract price based on available funding We accept the terms in the RFP and exhibits and do not request any exclusions. Chazey Partners Revised per email communication request 10/31/17 20A-50 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • , r 4 FIRM & TEAM EXPERIENCE 4.1 CMAZEY PARTNERS PROFILE Chazey Partners brings together a unique wealth of expertise in implementing and operating world-class business support and Shared Services Organizations around the globe. We operate a variable resourcing model, making use of a mix of employees, including both long-term and short-term contractors. This ensures that we stay very flexible and can bring highly experienced resources to our client engagements at very competitive rates, providing excellent value to our clients. We have more than 120 resources located across the globe, with experience spanning multiple industries and jurisdictions. Chazey Partners' values and mission are well aligned with those of the City of Santa Ana. We are passionate about innovation and efficiency enabling the back office to be the source of proactive, efficient, high quality services. Our approach is built upon a commitment to teamwork and knowledge transfer, where the Integrated internal/external project team work in partnership to achieve their shared goals. We further are committed to the highest levels of integrity and ethical practice throughout our services and work. 4AA Experience We pride ourselves in having built, operated and turned around some of the world's most highly commended and ground -breaking administrative operations, In both the private and public sectors, including "correcting" previously underperforming operations. We have worked with several clients in the public sector including local government (Government of New Brunswick), government agencies (The Department of Health & Human Services, Interior Health, Northern Health) and major university systems (University of California, Iowa University System). Figure 8 below illustrates several of our clients. Figure 8: Example Clients of Chazey Partners • Pannscnic FirstData, fr�� Ar,MT , �Tr r r,. 1L . A {,JV����1i t aFORMFACTCIF � �,,,�q / � � .FILMiE% 04MR_ITl nrrmatvarv`u aREENE KI NG International VARIAN .. Co 4 r Bonco ¢t Ny A Baccalaureate m "�,.,.,,,,m. Gajllea- �� .I Pp UNIVERSITY Office OF urihe ..'�' [ALIFORNIAIprC6ldent �" �(] GILEAD Zd�'®DGES'i'I(Idl '' MAYGt1RNEY ��Cn1Gs7S ,,INIRMIn k B1'ililSWtC�c dr M"r EPtCi:#R. "GERDAD �LfVIVFR91l' Card[nniHEalth lUh'SUIJII ,iq 1HP. 1.INIVERSI1Y c A N A n A �ry t� OF IOWA wr <` Cooper5tandard ".QIY.i('%o1u V Interior Heafc{t `fit nOrthera health .�.Wrapte nes Alga x6joe, y pp��dvarrtyi ofy/7��Lta Fisheries and Oceans Pdcheset Oceans NGrfli r1i1pW.i GpUP00SELLC►ORP1*1Canada Canada Agi'm 01MR9 ✓,1 Our focus and drive are based on supporting organizations to maximize the value and quality of their financial and administrative services. Our functional breadth of experience includes the "big four" of finance, human resources, Information technology and procurement, plus other support services such as legal, facilities, real estate, customer support, demand planning, and communications. 4.1.2 Time in Market Chazey Partners was founded in early 2006 by Phil Searle and has grown significantly in the more than eleven years since then with successful engagements in the United States, Canada, Mexico, Colombia, Brazil, Costa Rica, Argentina, United Kingdom, Ireland, Turkey, Singapore, and Hong Kong. Chazey Chazey Partners Revised per email communication request 10/31/17 20A-51 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) ' • •' Partners is a GSA certified small business headquartered in California with significant public and private sector experience in the state. 4.1.3 Services Supplied We are a practitioners -led management advisory business that empowers our clients to strive for world- class excellence through our three core competencies: Shared Services, Business Transformation and Enterprise -Wide Security. Because we are passionate business people and Shared Service practitioners, we care about your success and deliver solutions relevant to your organization. We have worked with a broad range of technology providers to allow us to offer tailored, yet innovative solutions to the Agency. Figure 9 provides more information about our service offerings. Figure 9: Chazey Partners` Service Offerings SHAREDSERVICES End-to-Fnd, From assessment to Implementation optimization &Rebootinng � Outsourcing Assessment TechnologyEnablement Global Business Services Robotic' process Automation (RPA) Coaching BUSINESS TRANSFORMATION Organization Design Location Analysts Staffing Services M&A Technology Enablement W Business continuity Planning ENTERPRISE WIDE WORM Audit services Cybersecunty Operational Security 11-2 Business Continuity Planning The niche specialties that would apply specifically to the Agency's needs and this project include the following: • End -to -End process improvement, from assessment to implementation • Technology enablement • Robotic Process Automation (RPA) • Organizational design We have extensive, multi-year experience In these areas. We can leverage our operational and consulting experience from multiple client engagements and our partnerships with APQC (America Productivity & Quality Center) and SSON (Shared Services & Outsourcing Network) Analytics. We bring a practical approach that enables our clients to leverage this information for sustainable transformation with excellent return on Investment and payback. 4.1.4 Critical Areas of Specialty/Strengths Chazey Partners provides a different approach to that typically experienced with other consulting firms as summarized in Figure 10. Chazey Partners Revised per email communication request 10/31/17 20A-52 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) ' Figure 10; The Chazey difference The continuity in our relationship with you is Important. That is why the senior staff that the Agency will meet if there is an interview during the RFP selection process will be Integral to the Project, driving content and being present and available to the Agency throughout the project lifecycle. Our people are practitioners and subject matter experts who have gained significant operational experience transforming administrative operations, and designing, setting up and running global business support operations. This includes extensive work on worldwide support operations, involving the establishment and operations of Centers of Expertise and Shared Services Organizations of various types, including working with our clients' third -party business process outsource providers, if and as appropriate. The strength of our capability is based on practical experience and we are proud of this solid historical foundation. The Agency will benefit from our senior staff and practitioners, which is an approach that can vary from that used by other consulting firms who rely on more junior staff for the bulk of their project work. We are committed to adding significant value to our clients through partnership approach. Our philosophy is to partner with our clients to ensure the optimum suitability of the solution and to transfer our knowledge to the internal team members, improving engagement and ensuring internal ownership of the project. The Agency will benefit from this partnership approach in which Chazey Partners supports the transformation of support services with the Agency, in contrast to a consulting firm that attempts to impose a transformation or standard solution upon its clients. Chazey Partners prides itself on its tailored and client -centered methodology. We ensure that the four critical success factors (process, people, technology and client) are integrated into each activity. Many projects consider technology enablement and process optimization, and many organizations focus on ensuring the right people are in the right positions. In our experience, we find that client engagement can be a blind spot. Involving and engaging the client throughout the planning, design and build of your future state is key to achieving a transformation that is sustainable and effective. 4.2 PROPOSED CONSULTING TEAM 4.2.1 Organization Chart The organization chart for the proposed consulting team for the Project is presented in Figure 11 below. The Engagement Partner for the project will have responsibility for the overall project and client relationship. The Senior Project Manager will be the "on the ground" role, coordinating between the various project workstreams and stakeholders. Chazey Partners Revised per email communication request 10/31/17 20A-53 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • I r Figure 11: Organization Chart of Proposed Consulting Team Functional Process Leads A2 Robertlbwla n ena V eggs Subject Matter Expert BPI Manager Phll Searle Engagement Partner i Graig Ackerman Senior Project Manager Information Technology Christian Wedlock Hilda Rivera Kim Bernal BPI Manager BPI Analyst BPI Analyst 4.2.2 Proposed Effort by Resource In Figure 12, we have provided the estimated hours of each individual's time to be devoted to the Project. As recommended we have provided a range of effort that will be required to support both phases of the Project. We will be able to better determine the required effort after the Roadmap phase and the Agency has determined what opportunities it will be moving forward with and the extent to which implementation support will be required for the technology software system selected. Based on eight hours of work per day, this work effort represents between 218 and 256 days. Figure 12: Proposed Effort by Resource PHASE 1 `f' Engagement Partner PhIl Searle 10.0 80 10.0 so Senior Project Manager Craig Ackerman 32.0 256 32.0 256 Subject Matter Expert Robert Towle 9.8 78 9.8 78 BPI Manager Diana Villages 60.0 480 70.0 560 BPI Manager Christian Wedlock 15.0 120 15.0 120 BPIAnalyst Hilda Rivera/Kim Bernal 11,3 90 28.0 224 138.0 1,104 164.8 1,318 PHASE 2 Engagement Partner Phil Searle 610 48 4.0 32 Senior Project Manager Craig Ackerman 18.0 144 20.0 160 Subject Matter Expert Robert Towle 0.0 - 0.0 - BPI Manager Olona Villegas 28.0 224 34.0 272 BPI Manager Christian Wedlock 0.0 - 0.0 - BPI Analyst Hilda Rivera/Klm Bernal 28.0 224 34.0 272 80.0 640 92.0 736 Chazey Partners Revised per email communication request 10/31/17 = 20A-54 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) If there is the need for additional support beyond what has been included In this proposal or If there is need for additional time due to an extension of the timeline, then Chazey Partners would be happy to support such additional effort, subject to negotiation and approval, and Invoiced based on the hourly rates In this proposal. 423 Software Selection Experience We are experts in modern electronic concepts, technology trends and best practices. Ourteam members have been leaders in the understanding and development of effective and appropriate technology enablement, including data capture, reporting and analytics; web based applications; ERP and other functionality; hosted and cloud computing; software -as -a -service (SaaS); application Interface tools and techniques; and robotics and intelligent automation. Indeed, we are often asked to write about or speak on these subjects. For example, Phil Searle was recently asked to be an expert panel member at an event in Washington DC discussing the applicability, relevance and opportunity provided by SaaS in the Federal Government. From our experience, we absolutely understand the importance of enabling technology systems and bring our wealth of experience to this project. Our approach is to focus on the needs of and value to the Agency, treating technology as an enabler of better work practices. We view all technology implementations as a business supporting initiative and not simply as a technical project. Ultimately it is all about value to the Agency. We help ensure success by resourcing technology projects with an optimal mix of information technology, business systems, and business process integration expertise, matched with business process owners and internal client representatives. We have, as both practitioners and as consultants, sponsored, evaluated and implemented many different software systems and technology platforms. We have given many expert presentations on technology and written a number of articles, and have written and assessed responses relating to software systems for numerous RFPs. Some examples of our experience include: • RFI/RFP creation, software assessments, vendor selection and implementation support for organizations in both the public and private sectors, including a provincial government In Canada • Implementation of financial, business intelligence and data warehouse systems as well as multiple other technology enablers • Significant experience working with technology/automation providers to implement chosen software, in coordination with the business and aligned to business needs • Rollout of ERP, document management and imaging software across a multi -country business • Provided strategic advisory and project management support for the peer-to-peer ERP project, where two health authorities in British Columbia, Canada, integrated and shared their financial and human resources information systems to achieve a single ERP with common standards, business process ownership and for select departments, shared staffing Based on our experience of technology enablement globally and within North America, our approach will use a proven methodology that has successfully delivered a wide range of system implementations in many industries for both public and private sector clients. For this engagement, we have mapped our methodology to meet your unique requirements. We will work in collaboration and partnership with the Agency's team to determine the software system needs and ensure a comprehensive solution is procured that will facilitate streamlined process improvements, provide the ability to have data readily available for budgeting and reporting purposes, and can be interfaced with the City's Enterprise Management System., 4.2.4 Resumes We will bring to the assignment a very experienced team providing an optimal mix of mix of financial and administrative process experience and software selection and implementation specialists. Profiles for each of the Chazey Partners proposed resources are provided in the attachments starting on page 34. In this section, we have highlighted the experience and qualifications of each of our team members. Chazey Partners Revised per email communication request 10/31/17 20A-55 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) 1111111111111JORM MWAIIN Engagement partner— Phil Searle Phil Searle will serve as engagement partner and principal executive. The Engagement Partner is responsible for the overall project and client relationship. He will support the Chazey Team as needed and will act as the key interface with the Agency senior leadership, providing leadership, domain expertise, oversight and guidance to the Project on a part-time basis. The Engagement Partner will perform the quality assurance review process to the Project, and would normally be on the Project Steering Committee, helping to ensure effective project governance. Mr. Searle brings over 26 years of experience in business transformation, support services, Shared Services, and technology. He is an expert in Finance transformation, establishment of Centers of both Excellence and Expertise, and is uniquely qualified to serve as Engagement Partner on this project. Phil was Granted 01 Visa status by the US government in 2005, which then resulted in Phil gaining accelerated Green Card status in 2009 through the EBI Extraordinary Ability Green Card program. The 01 then EB1 "Extraordinary Ability" classification is a type of employment visa that grants permanent residence status under United States immigration law, applying to "aliens who have extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim". The EB1 was granted by the US Federal government in recognition of Phil's unique expertise in Shared Services and Outsourcing. Phil is now a US citizen. Phil was also issued with a C10 Visa by the Canadian Federal Government in 2009. This has been renewed annually since 2011. This visa is only granted where there is "Significant Benefit to Canada [R205(a) CEC C10]. To use this exemption, the benefits to Canada must be obvious. The exemption is intended to address those situations where the social, cultural or economic benefits to Canada of issuing a work permit are so clear and compelling that the Importance of HRSDC Confirmation can be overcome. Phil was named Shared Services and Outsourcing Thought Leader or the Year at Shared Services and Outsourcing Week in Budapest, May 2009. Senior Project Manager -- Craig Ackerman Craig Ackerman will serve as Senior Project Manager. Craig will act as the "project manager/principal agent" and will be the primary contact person to represent Chazey Partners. He will be the person to conduct the presentation, if we are Invited for a second interview. The project manager role includes bath functional and technical project management responsibilities, The functional aspect of the role Includes bringing functional and subject matter experience, knowledge of leading practices, and strength in Chazey's methodology to drive projects to successful conclusion. The technical aspect of the project management role is focused on managing people, interactions, and the detailed project management plan to ensure that the overall project stays on track and meets its objectives. This role will do many of the presentations, including updates on progress, assumptions and deliverables. The project manager is also responsible for raising concerns, addressing roadblocks, managing timelines and budgets, and dealing with any necessary escalations. Craig has over 25 years of experience in business leadership, transformation and shared services Implementations. He is an accomplished C -level partner with multiple successes In rapidly assessing organizational leadership capabilities, team effectiveness and key processes to define or optimize corporate structure, enhance service quality, and achieve strategic savings, He has managed and led in diverse roles, including operations, finance and accounting, human resources, information technology, and sales. Craig has an MBA from Boston University and a BSc degree in Computer Science from the United States Military Academy at West Point. Subject Matter Expert-- Robert Towle Robert Towle has been assigned as Subject Matter Expert (SME). Robert would be the associate -in - charge if the Engagement Partner and Senior Project Manager were not available. The SME role is a key advisor for the production of deliverables. This role helps to synthesize the results of assessments, interviews and analyses into actionable recommendations for current and future operational Chazey Partners Revised per email communication request 10/31/17 20A-56 City of Santa Ana RFP 17-072 J Statement of Qualifications (Revised 11/g/17) ' o improvements. The SME will also act as the key "solutions architect" for major deliverables, and support the project team in reviewing all deliverables, analyses, actions and outcomes. Robert has over 20 years of experience In Finance, Shared Services and Technology implementations, He has managed multiple shared services transformation projects and has held multiple roles managing shared services operations in the U.S., U.K. and in multiple locations in India. He has leveraged his training and experience in Lean and Six Sigma on multiple occasions, to help organizations optimize and transform their business operations. Prior to his recent assignments, he was the Vice President of Finance for Pinkerton Consulting. Priorto Pinkerton, Robert was the Vice President of Global Operations Finance for Travelport Limited, with responsibilities including the management of company's Indian Shared Service Center, global corporate travel and North American payroll operations. Additionally, as the U.S. Controller for Hewlett-Packard, he held responsibilities for the Project Accounting organization, including business transformation post -merger with Compaq Computer. He is well suited to developing transformation activities, but is comfortable focusing on daily operational issues, managing staff at all levels and ensuring a high level of customer service. Robert holds an MBA with dual concentrations in Finance and Information Technology from Auburn University. Business Process Integration Diana Villages and Christian Wedlock have been assigned as Business Process Integration (BPI) Managers, and Hilda Rivera and Kim Bernal (an Infor Lawson and Lawson BI expert) as BPI Analysts. They will work directly and closely with identified internal resources, bringing a well-rounded background of knowledge and expertise in business processes and technology enabling Implementations gained from hands-on experience with a range of clients. The BPI resources will be responsible for specific deliverables, Including requirements gathering and assessment activities, identification of process improvement opportunities, facilitation of process improvement workshops, and helping to produce the detailed analysis and templates. Business Process Integration Manager Diana Villages Diana has 10 years of experience in leading business process Improvement initiatives with focus on financial processes, operational efficiency, and compliance. Her expertise includes design, implementation and improvement of financial business processes based on best practices and benchmarks as well as training employees on new processes. She has vast experience developing and implementing compliance focused processes and will provide strong leadership to drive the overall success of the project from end-to-end. Business Process Integration Manager Christian Wedlock Christian has over 10 years of experience supporting a wide variety of IT systems in a broad range of industries including Government, non -profits and higher education. He has held key roles on multiple public -sector projects, including the Iowa University System, Lawrence Berkeley National Laboratories, Intericr/Northern Health and the Government of New Brunswick projects. He has managed deployment of multiple software solutions, led numerous initiatives focused on the improvement of internal systems and processes. He is adept at IT business support, training, development and management as well as advising on IT governance. .Business Process Integration Analyst — Hilda Rivera Hilda has over 20 years of experience in assessing and mapping business processes for system integration and enablement, including business process reengineering and management of technology solutions in the public and private sectors. She has been responsible for leading teams In assessing business processes and the implementation of system solutions across Quote to Cash, Procure to Pay, and Human Resources. Most recently, she has been working with UC Davis on the Optimize HR Implementation looking at technology and process improvements for the academic and health campuses. Business Process Integration Analyst — Kim Bernal Kim Bernal is a business process and software applications expert with over 20 years of extensive experience in developing and implementing business intelligence solutions. She has been highly Chazey Partners Revised per email communication request 10/31/17 20A-57 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) successful In managing a variety of business process re-engineering projects across a wide range of functions Including financial application implementation and upgrade projects. She is an experienced, skilled application consultant with expertise in numerous actions across a wide range of Lawson software solutions including Business Intelligence, Financial Applications, Supply Chain Management, Distribution Applications, and Human Resources. In addition, she is a financial business consultant and certified project management professional (PMP). 4.2.5 Internal Project Team Our approach is based on knowledge transfer: we partner our external consultants with your Internal project team, so that we complement our methodology and expertise with your team's understanding of internal culture and environment. Chazey Partners would provide the dedicated project team capacity and do most of the content delivery for the Roadmap. We do not typically request a significant amount of time from internal resources in terms of percentage of their work week, but we will need named subject matter experts, in scope business process owners and named key stakeholders to engage with when needed. We will also need to schedule Workshops in a timely fashion and have access to key people as needed. In Phase 2, the workload becomes more balanced, although we'll flex our approach to your internal capacity. As operationalization occurs and we move into the Stablllzation phase, the external project team members will roll off depending on how quickly the new To -Be structure, and its own enabling functions, is transferred. We recommend that the single, integrated project team will include the following internal roles as outlined In Table 1 on the next page. Table 1! Internal Team Roles ,3r Resourcing Executive • Provide leadership & strategic direction to Project Sponsor(s) s Rale includes: o Setting and communicating the strategic vision and imperatives for the Project o Owning the results and success of the Project o Having the power to remove roadblocks and support success o Making the Go/No-Go decisions o Receiving regular status updates on risk/Issues/quality management o Member of Project Steering Committee Project Lead + Competencies o Understanding of how the Agency operates o Has key relationships across the City o Functional and Technical project management skills Internal driver(s) of the Project and will help the team to communicate effectively and manage resources, assignments and deliverables + Shadow/support the Chazey Project Manager • Coordinating the initiatives& activities within and across the Agency • Facilitating access to the key stakeholder groups • Support change management activity • Ensure compliance with the Agency policies and procedures Change Manager + Competencies o Clear understanding of the goals of the Project and the Impact on Individuals, teems &organization o Since change activities & communications becomes more targeted and frequent In Implementation phase, a specialist resource Is recommended to be assigned to the team • Leading organizational, process and cultural change activities across the organization a Advising on the Agency change/cultural Issues • Supporting the development of tailored communications • Facilitating training Chazey Partners Revised per email communication request 10/31/17 20A-58 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • I• •' ° Project Coordinator ______updates • It is vital that this person has good organizational skills, is methodical and possesses good Interpersonal skills • Must be able to work at a senior level within the organization • WIII provide admin support In setting up meetings, calls, and project stakeholder/steering committee Business Process —� • Competencies Leads o Relevant and comprehensive understanding of the Agency's business processes and procedures in the assigned process area o Understanding of the Project and its goal o Good communication skills o Ability and empowerment to make guiding decisions in support of the Project Team and the Agency • Document and sign off on business processes • Coordinate and facilitate access to other subject matter experts across Divisions • Champion participation in relevant workshops and Conference Room Pilots (CRPs) • Facilitate the drafting and agreement of the Service Delivery Framework and Service Partnership Agreements (SPAS) a Facilitate and participate in relevant user acceptance testing (UAT) • Facilitate training programs In support of the new operating model& any new technology enablers • participate in development of metrics and Key Performance Indicators (KPis) • Assist with communication and change management Function Heads • Provide lnsightand understanding of their relevant process and Subject Matter • Division and Agency knowledge as well as subject expertise will be needed Experts (SMEs) • Review and update process documentation o Provide bulk of effortto develop detailed process design and desktop procedures a Participate in job shadowing and training, as applicable • Bring Agency specific experience along with the ability to challenge the existing approach 4� 44I 111*4tl rrr;JZ1i111*•]I94AU4V14iqL Chazey has worked with several clients in the public and private sector to successfully deliver the same and similar transformational assessment programs, and we have gone on to assist those clients with their implementations. Some brief examples of these include the following; • U.S. Department of Health and Human Services — Program Support Center — Strategic Advisory Support and New Metrics Framework - 2013-2014 — Provided strategic advisory support for the five -business line shared service operation. Additionally, provided assessment and re- implementation of new key performance indicator (metrics) framework based on best practices — Anne -Marie Massenberg, Former Chief of Staff, PSC/U.S. Department of Health and Human Services Government of New Brunswick • Iowa University System — Efficiency and Transformation Review for Shared Services and Centralization for Finance, IT and HR, across three universities within the Iowa University System — January 2015 - May 2015 — Delivered Opportunity Roadmap with Business Case and Implementation Plan — Mark Braun, Chief Operating Officer, Board of Regents State of Iowa • Fisheries and Oceans Canada — January to March 2015, Chazey Partners supported the Department of Fisheries and Oceans, a Federal Agency, with an assessment and recommendations on how the Accounting Hub could Improve its performance measurement reporting, including key performance indicators, service standards, an evaluation of proposed metrics, and providing an alternative proposal for a new performance measurement framework • Lawrence Berkeley National Laboratory - In June 2012 Chazey was invited by Lawrence Berkeley Lab (LBL) to provide an evaluation of opportunities for HR at LBL, including looking at the existing HR Service Center operations and the opportunity to expand the scope for shared services at the Lab. • University of Callfornia, Davis Chazey Partners Revised per email communication request 10/31/17 20A-59 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • 0 Shared Services Center Assessment- In 2013-14, performed a six-week review of the first eighteen months of the multifunctional SSC's operation, in recognition that performance was sub -optimal to the original business case. In carrying out this review we focused on the strengths, weaknesses, issues and opportunities associated with the deployment of Shared Services at UC Davis and the operation of the SSC Itself. o Optimize HR Implementation - December 2015 to August 2017, provided an Interim Chief Human Resources Officer to provide day-to-day oversight to the University's HR function, and separately provided a team to conduct an Assessment and Implementation of HR recommendations. The Assessment and Implementation included an evaluation of the health of the UC Davis HR organization, analysis of stakeholder perspectives on previously completed recommendations/implementation, providing business segment recommendations, evaluating the efficiency and effectiveness of HR services and structure, and assisting with implementation of the recommendations University of California System o UC San Francisco - HR Shared Services Assessment - July to September 2014, Assessment Roadmap of existing HR shared services operations, with opportunity and implementation plan o UC Office of the President - Business Continuity Planning - July to October 2014, Chazey Partners facilitated Business Continuity Planning for the UCPath Center in Riverside, California, at the University of California, the new Shared Services Center providing payroll services for the UC System's 200k employees. o UC Office of Chief Investment Officer - Business Continuity Planning - March to July 2015, facilitated business continuity planning for the Investment Office, that manages the UC System's retirement, endowment, working capital, and cash assets, with portfolios totaling $100 billion. Government of New Brunswick Internal Services -Agency -Implementation 2009.2012 - T-he— engagement started in 2009, lasted three years, made up of several phases and projects, and achieved over 25% cost reductions across accounts payable, payroll and benefits, Information technology operations and service desk. This was a complex engagement with multiple locations across the province and multifaceted stakeholder groups. The project scope also subsequently included procurement in the form of a full (Procure -to -Pay) P2P end-to-end review. Interior Health & Northern Health - February to July 2012, these health authorities engaged us to complete a business case on the feasibility of integrating their separate Payroll and Human Resources Employee Services (compensation, benefits, internal recruitment) departments. 6 SCHEDULE We have the experience, robust methodology and skilled workforce to enable completion of the project activities. The schedule by phase is provided in the table below. Chazey Partners Revised per email communication request 10/31/17 20A-60 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) 111111111111WORM 07I4WAITIN Figure 13: Project Schedule - Summary Mao s 1) Roadmap, SoltMNfe Selection It Design s 2) hrplementadm A Stabilization Figure 14: Project Schedule — Sub -Phases Mile 2013Jan 90/8 Fell a1)Roadmep, Stlltwara 6ekwaonADaslgn 6 14) S9lpffno A Benchmark k 1,91 Opp plunily Aasheonc s h 1,3) Oueon3oCaeaAAcadmop - o i F 1.4) SoHxnro SoleclWn F 1.3) Dollop r 2) InWterlwMOdOa A Stabllitatfon - h 21) Puld h 2,2) Deploy b 2,3) afeb0lza Opamacns 2010mey 2913,190 g0t3JW 9010Aug 2918 Sep 90190ct a Zola May 2madun 3013Ju1 2013Aug 901330 0180M The following figures provide the Gantt charts for the Project Schedule of proposed project activities. Figure 15: Project Schedule — Phase 1: Roadmap Sub -Phase: Baseline & Benchmark Activities ?ala Y913Jen "loft 2010Mnr "IGApr 2013 May 1) National, Soltwnra RebnibnA bOalgn - -. w 1.1) Suea3aM purchases o IJA) 11olleardolsoldpadaolplanforpnasa w 1A.9) ROWawoulpula iron)wnrk•trndmo 8. avatYablaprodarnwnde Nperirg Ir 1.1,3) DWoIW FAQs 3 sample mmmuNcelfons for phase r /dA) Modliza foam Akkk aH pro�oY •Id A.1) Mobillzooatemolteam • IAA.2) E%farna to manias onsite Wr 9nt aIle Waft • 1.1 A.3) lMuolnp prnsenMllon mat«Ims torldako3mcOftng + 1.1,4A) CAon kickoff pmsentatlon + UA.3) Praldx feedback on kickoff pmsentatbn + 1.1,4.8) Attend kickoff meating % I.IA.7) FalflilafokkkaHmoelffg tntorg.keystakehald. + 1,1.0) Cnilocl {nr«motion on Imscopelootnology, (oederayatams. tWdumtuntle, Alniedaco0 • 1.1.7) Doch neM nnerlcial reporting Mechanisms 4 West simple repoiro e 1.10) Conduct Co AoSWly Dared An l,tsa • 1.1.9) IdaMlfy rolwont OMs, Uniform Guidance requirements, F 1.2) Oprymfurvnym esemont h 1.3) Weirs" Dae 3 Roadmap e 1A) 3o164are3eloc9on 16) Cesgo Am Chazey Partners Revised per email communication request 10/31/17 20A-61 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • i a � ' � Figure 16: project Schedule— phase 1: Roadmap Sub -Phase: Opportunity Assessment Activities arta • 1) Roadmap, Balpvare Snlwltana Oafllgn P 1.1) WoolheMMfimmk ria) Opglrtoniiy Assrmemonl P 12.1) Oonductcuttmnl emMnumllabitla • 1.2.2) Bomommnl M1MMntAd-lh buak*o p000saas M levsl 2-3 IpMC&eaos & mubVMS$oa) R 1.3.3) ( pfeto AO(M1y Based Analyaia& Bonchwong Repod k 12A) compMln Stakeholder analyeb 1.2.6) A3M$ Ngh4ovel loohnology Aafdmoapc + t2.I) Moss Ands date colledbn&report gonaow.n • 1.2111nmrynm(a OMB UnIMmn Ouldonce, lnM ossoaameM + 1.2.%L4mIuglCgovwnmlce&pMkles * 1.2.9)(Mvolop OppoduNry Matdx& pmsent to leadeYmhip • 12.8.1) Comagdet0 themes froln IWal aollvBks • 1.2.0,2) POPobIO Qpprxlunlly Maldx lemplste • /.2.0.3) OA on Opp Maatx • I.10A) Pmvlde fosdleaok on inNol draft of Opp Wtdx • CIAO) PrePnrOOppnmMryMnMrcpresentatlan mMadpts ♦ i.2,gaJ Pac8ltaleOppoduNry Mau4xease[on w$hlmadelehlp + 1.2.10) Cmlplele inigalgnancipi evaMalMn lar nwlgpl puryoaw b 1.Sy BumMesm Caea&Boetlmmp F 9.4) Bdtwam3electlon P 1.5) Doeign Figure 17: Project Schedule -- Phase 1: Roadmapaub-Phase: Business Case & Roadmap Activities mild � I) RaadmnD, BafnypN Baleclbn$Dpslgn v 1.1) Bmsallne&Bexhmwk P 12) OppoduNN Aeeems.t v IA) Blwltlpas (%se&Roadmap s 1.3.1)Toga hyh-bval opandAm modal& O(W[xational dWo • 1,32) Pecan wd Woonalloo MIME Ment framework • 1.3.a) R8CdlYmefM ttngnplp fapednglramaWIXk&gwemanc0 b f.aAl flnaltrO Mnnndgry amassmmnt8 pmvkb mpxineauona for anY rxommaMgd wfltv+ma • 1.3.6) Widgto Wo operating model MAmt OMB Uniform Ouidaaco A developlMIMW comPllallea plan 1,3.6) Develop InVemonfatbn stmtagy including qulok wfns, phases, & (chnobw uonaValntn P i,$.O Ll Wei, Sandal hualnoem osa0 + 1.21A) MYOV gWOnalala lrmnework& policy YanommaMMlons • 1.3.9) Providaahange ammodwed pbn e f.J.1% Present MxOdmapb kadnrtNip • 1.3.1U.f} OavmlaP Prsseniapon malalMa • 1.3.10.8) pmWds faAdbomk on ibedmappreaenla6on matgrlNs ♦ 1.3.10.3) pmaent Bw dMetolwWQMhip P 1A) Bollware BaMggoa 13) gaGgn n .lJ ax's-' _�:Y-. +A .X.�T'if� ffiL"•"S:;ti 19 A aa`.=`Ai'S`{ Chazey Partners Revised per email communication request 10/31/17 20A-62 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9117)• • r ' t Figure 18: Project Schedule — Phase 1: Software Selection Sub -Phase Activities nim .............. Boston ... ... + 1) floadmap, Bo11W&e Wooden & De4ig1 r 1.1) Baseline d Benchmark r 12) OppodwityA"aeewnt r 1.0) Mralmress CM & Roadmap r 1A) Software Selection • 1.A1) Confirm sagWam syslam mpulmmaia&dooign pmwnalmx for simamllning pmeewea to lardlik a dot, wllaolion, reporting & budgeting * IAft DOVOIOp MINIVO 01(onllan RFP • 1.4.3) D9yelnp RFP row w5cenl materials * 1.4A) Evmuele perforate using ... amant anode x 1,4.6) DeRvarrewdlo pmVltlerecammentlallanson byslem r 1.6) Design R61s Jan "lar¢b _ _,,,, 2013Mar 9616 Apr _,,., seta Mey Figure 19: Project Schedule — Phase 1: Design Sub -Phase Activities nw 1 11 . o ., n,S . r 1) Mddmaq lW(twaW9af1ro6an&Dealgn r 1.1) Bflrbkne&B01MAImaY11 r 9.0) DppormNlynponramoM r 121 BuekYBea0a4a&Rnatlmep r 1.4) Bohwme Someire. r 1.6) DoABn + I.S.1) CenduotTo-Ss Pmwss WOmmepa Supporting Warned systsm • 1.&2) Colonel new pmeadums in inum two inherent sub-wwaos royal andeotivilylevel + i.B.3) Supped medavetapmaM of wrRtan dsakfop pmcatluras x 1.S.A) MntlelomaNlalianm Oapaelly antl cost slmcmm MI Figure 20: Project Schedule — Phase 2: Build Sub -Phase Activities nue 1 11 1 +2) Implementation &Stabilization v 21) Build * 2.13) PaalllloloConferonca Doom pgom (valldtde7ape prowduma w4h edflwam design In workshop) • 2.1.9) Solid new prw.odumn to moorpomm solamert aofhvarm system & OMB Unllann Guidenw rerlukemants • 2.1,3) Sulid selected software syetom and/or other tecFwlogy snablam * 2.1.4) Adap7writajntlderwript'wna • 2.1.6) Engage change management • 2.1.6) Develop& Implement the employee iramigion plan • 2.1.7) Sol the Padormance M1Maeuremant Framework • 2,1,13) Donrolop risk Midgetman plan • 2,1.13) DovMapdatatlsd defbymont&culoverrhwki'ml • 2.1.10) Powant implementation plan & valldated buamessoasom teadersfdp 1, 22) Deploy J, 2.3) StabilizeOpsrallono u Chazey Partners Revised per email communication request 10/31/17—m 20A-63 City of Banta Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) 11111111119CM,QW-111 0 Figure 21: Project Schedule — Phase 2: Implement Sub -Phase Activities Title >2) Implementation&S:ablllzalion b 2.1) Build ♦ 2.2) Deploy • 2,2.1) Opomtionagzo deployment teams • 2.2.2) Fealiltale writ shadowing& knowledge transfer • 2,2,9) Conduct wining an and -state processes •2.2.4) Integrate end -state Into existing business continully plans • 2.2,8) Boll out technology Wath training •2.2.6) Deltverdeplaymam sommunioationa • 2.2.7) Test compliance with OMB uniform Guidance rorluiremanto • 2.2.8) Test readiness for gu-Ilvo&axaoUte w 2.3) Stabilize Opemtlons Figure 22: Project Schedule — Phase 2: Stabilize Sub -Phase Activities Till. .2) implementation &Stabllizallon 1, 2.1) Build r 2.2) Deploy . 2.3) Stabilize Oper lona • 2.31) Initlsts regular Pedarmence Moaning <2.3.2) Callon OMB Vatican Buldance compliance • 2.3,3) Adjust communication channels as necessary • 2.3.4) Conry out further gaining as necoosmy • 23.8) Update procaao doeumomatlan and technology as necessary • 2.3.6) Conduct comprehensive feedback review 7.1.1 New Brunswick Internal Services Agency New Brunswick is one of Canada's three Maritime Provinces with a population of 750,000, supported by a provincial government annual budget of $8 billion. The Government of New Brunswick engaged Chazey Partners to support a major shared services implementation as well as a comprehensive RFI process for ERP selection. We also wrote several white papers for the Government on ERP, Technology Enablement and Best Practices. Additionally, Chazey Partners helped assess and support the implementation of several additional technology enablers such as document management, workflow, helpdesk, telephony and other systems. Client Contact: Monica Ward, Director, Hire to Retire, Payroll & Benefits Services, NBISA Email Address: monica.ward@gnb.ca Phone Number: 506-444-3279 7.1.2 University of California (UC Davis) UC Davis is one of ten campuses in the University of California system, the world's pre-eminent public university system. Founded in 1905, UC Davis had a 2013/14 operating expenditure budget of $3.4 billion with 33,300 students in four colleges and six professional schools, while the UC Davis Health System served 6 million people over 33 counties. Chazey Partners was commissioned to perform a six-week review of the first eighteen months of the SSC's operation, including Finance, Human Resources and Payroll, in recognition that performance was sub -optimal to the original business case. In carrying out this process review, we focused on the strengths, weaknesses, issues and opportunities at UC Davis and the overall business process operation. We also assessed the original business case against current operations and looked at the SSC scope in relation to function, process and sub -process, as well as the potential client scope, in terms of services provided to the Administrative and Academic units. As part of this work, we performed a review of the existing financial models and performed a comprehensive examination of their Client Interaction Chazey Partners Revised per email communication request 10/31/17 20A-64 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) Framework. This assessment contributed to a culture of continuous improvement to help ensure a robust foundation for the expansion of UC Davis' services, in line with its strategic vision and plans. Following the work performed for the HR Shared Services Center Assessment, Chazey Partners was re- engaged to conduct an Assessment and Implementation of HR recommendations. The Assessment and Implementation included an evaluation of the health of the UC Davis HR organization, across both the Campus and the Medical System, analysis of stakeholder perspectives on previously completed recommendations/implementation, business segment recommendations, an evaluation of the efficiency and effectiveness of HR services and structure, and assisting with the actual implementation of the recommendations. Client Contact: Brenda Rebman, Chief Human Resources Officer, UC Davis Email Address: rebman@ucdavis.edu Phone Number: 403-391-1955 7.1.3 Iowa State University System The Board of Regents, State of Iowa initiated a subcommittee for a Transparent, Inclusive Efficiency Review (TIER) to improve the cost and efficiencies of their three universities: University of Iowa (SUI), Iowa State University (ISU) and University of Northern Iowa (UNI). A business case assessment was carried out by the Regent System, its universities, and Board Office to determine alignment on the overall educational mission and provide an alternative organizational structure. Many opportunities were found to streamline multiple business processes, including the processing of commodity technology services, finance transactions, and transactional services. Each of the universities took the business case to create their own plans to realize the cost savings and efficiencies. Each of the plans were approved by the Board of Regents. However, the Board of Regents wanted a "validation" phase, working with each university, to assure plans and assumptions were valid prior to building and deploying Shared Services. In January 2015, Chazey Partners was engaged to work with the universities, using as the foundation the individual universities' Board -approved plans with the goal of driving the first steps of implementation, the detailed Design phase. Client Contact: Mark Braun, Chief Operating Officer, Board of Regents, State of Iowa Email Address: mbraun@iastate.edu Phone Number: 319-335-0386 Chazey Partners Revised per email commurication request 10/31/17 20A-65 City of Santa Ana RFP 17-0721 Statement of Qualifications (Revised 1119/17) " • f ' F-MEMUTIF4119 LEVELS OF PROCESS DOCUMENTATION Discussion to support the figure below is provided in the section "Process DocumentationStreemline & Standardize Processes' on page 10 of this proposal. Figure 23. Levels of Process Documentation Levet 2: Function example Sbowm Record Transactions Highest tevetofprocess flaw Usually involves multiple departments e.g. procurement, warehouse, Credit Level 2: process • Example Shown: UL Journals • provldesmajor taskswlddnafunction • Each process has beginning and end; • Transforms data • Usually involves multiple departments Level ar Sub-procoss • Example shown: RecordActtrlty, • process map split into swim lanes (not shown) • Hipitl�hts kasks of specificdmparkrrxsnls • Understand the'who'and the Vf8f Level ": Activity • Example shown: RevlowA • further breakdown ofsub-process If needed • Usually involves single department • Understand the'hove Levo) 5: Uosktop procedure example shown: EnterJoumol • tevol of detail needed to orientate newempiayee • Usually involves single posltton/role Chazey Partners Revised per email communication request 10/31/17 Corporate (Strategy) Business Partnering • Work with operational leaders to achieve organizational objectives • Provide information, tools, analysts and insight to influence decision making • Higher level of business proximity required (decentralized delivery) • Need functional expertise, analytical skills and strong Interpersonal skills: "Hire for skill and attitude Internal Client (Partner) October 2047 • Strategic, global services with clear linkage to vision, mission and strategic goals of organization •.Long-term perspective whose activities have more distant relationship between effort and results -Policy development and approval Centers of Expertise (Expertise) • Programmatic, episodic activities • Deliver on organizational strategy through provision of tactical services. • Generally requires interaction with client, although less necessary to be physically situated close to business • Generic business & expert skills required: "Hire for skill, train for attitude" Shared Services (Process) • Regular,repeatable, transactional activities • Results more quantifiable • eenefit greatly from standardization, automation and technology • Clear linkage between effort and results (outputs generally experienced in short-term) • Less necessary to be physically situated close to business • Process focused, service driven skills required: "Hire for attitude, train for skill" • Provides inputs and/or receives outputs of in -scope processes • Representative of internal client signs off processes, service levels, input requirements, key performance indicators, and client's roles and responsibilities as documented in Service Partnership Agreements 33 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • e I PROFILES OF PROPOSED CHAZEY PARTNERS' RESOURCES Engagement Partner-- Phil ,Searle 0 Chazey Phil Searle Partners Engagement Partner Background Phil is the Foundorand Managing Director of ChueYPartnonu He has more thantie years ofexpedence In Finance. Shared Services, oamorogy and Outsourcing. Odor to his cunantrols, ha {vas Group VP and CFI! 010andant TDSlntsmatlonal, which encompassed all areas of Finance across four continents, Including Decision Support, I'll Planning S Analyala Controllership and Financial plus certain HR Shared Samoa. Prior to Cendant, Phil Was VP Finance and Corporate Controller at 3Com Coryoration. Holed far reaching orgambnnsnal, technology, aervtce dalivery and business process Improvement millativas resuking in the global r011qutOf ERP solutlons and Shared $6mbesencompossing Finance, HR, Supply Chain, Loglstks and Customer Support. Phil is a ChortandAecourdam and has a $A Honors Degree In Economics from the University of Exeter. He is a member of Financial Exacubves Intemallonal (F(I). 'Specific Expertise r - Key, Companies. •'.ylrst gAtb' ExpentIA SuslnessYmnsfonflatioA. Shared UniVerslly of California System .pAdesonie C Vallon Medical $ 't Mme SeNces, fNhonngend Ctdaourdrlg, ■ OmceofthB chlefdmsslmol Officer YA0 extensive ERP antlNchmlogYlmpldmontedon a.' UC Path Caller .• .Cllead S4lonaoa ■',UC DAVIS Agdum Ino Global experience across multiple inddsdios,.. a 'UC San ramphoo 'Pgrmpacmr iepions, countries andJudedlcaons " s Iowa State Univendy system . KPMb' Publiseompany, IPO,M&A end JVexpod•nee Covemmant of Now SMnswick TRWAubmbdve ' . . Regular speaker. Judge and ehoitperson at various Lawrende prk*toy Nora Laboratory ': BusinessTranstonnatie n, Finance. HR and TrpY9lpod Technologyevome around the globe Coca. Cola'Hellomb. May Campy pk . - .. Cosa Cola Enterpdsee 306MOorporAden Relevant Experience Global itusiness Translormatlan Leodsponsorand ddveroteuccoasfulgtcbal bueinesstmnsromnadon programs that have deriveroddromatio savings and signigoant Improvements in semioes levels and controls, across Finance, HR, Procurament ITand Other Funcriono. ERPand Technology . Extensive ERP implementation experlenootevering SAP, Oracle, JD Edwards, Peoplesplland industry spowfAERPs: Sponeorsdand managed global mit-oat of SAPabross 32 wuntdss covering IS legal antRies, achieved within two years. Alsoroiled out a nm'rb6r of value adding, high Rol tachnaleovanbblore In su000rtof Finance eaamtionswoddwide. Also aoonsored end led Euroosanwlde Creole Financials rolhout Hxecudve Level Srraregla supporr PrrMdotl strategic guidance to gavomment bodiesand multinationals on thole Shared Services and technologystratergles, including lathe Travel, Manufacturing, Automotive, Construcdon, Technology, Oovornmontsnd Higher Education secure. SharedSerVtces & outsoumlho Jmplomented global shared servicesfor Finance, Procurementand HR across North America (US & Canada), Latin America, LMEAand Asia. Pacific, moMingmulfipie businossunit, reporting, legal, statutory and compliance requirements, Alsesponsoredand advisadon global Shand ServiceoimplmmanWitona covering Finance, Procurement HR, IT, Real EatstelFacilNes Legal and Sales Operations. Assessed outsourcing options and negotiated selective outsourcing contracts covering areas such as FSA, company $acrolanol and payroll. Implemented mull -functional and mul$souraing solutions(Including both internal Shared Servieesand third party BPO). Widslysort offer advisor and speaker, Leadership As wall as aotabliphing and loading Chatoy Icattnors, have hold a number oflop level Finonco poslllons Including CFO of Cendant TO$ Infemall npl and CorppeatoCbntroller at 3Com Corporation In California, Have managed large, globoitemms, including through significAnt chango Programs, PuhNeColnpeny,IPC, M&A ancIJVexperience Ledglobal duo diligence efforts, including a ground brooking JV between 30em and the Chinosecompatly, Huawei Technologies, Considerable City/Stoek Exchango facing expodenasln quarterly earnings onhounaainents and investor colla. IPOo. mprgersand ecquisilons, dlvostitures, start-up& and financing. Phil Searle Engagement Partner t Mobile: 4.1408 460 0785 - - '" Email: philsearle@chazeypartners.com Web: www.chazeypartners.com Chazey Partners Revised per email communication request 10/31/17 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • • , ' 1 Senior Project Manager — Craig Ackerman #n iiChazey V, Partners Craig Ackerman Semler Project Manager Craig has over 25 years of exparlenco in buslnoss leadership,, Iransformadon and Shared SON100e Implamanta0(na. He Is on accomplished Novel partner with muldpla succassas In rapidly aseescing organla dional leadarshlp capabilities, foam aNectivenasa and key processes to delle or optlmlzo corporate structure, enhance service quality and achieve attatagio savings. Most recently Craig was SUP and Director of a muNkfunction finance, HR and procurement shared services team at Day A &lmmorm inn, a $2.78 Industrial, defense, and workforce services organization, in a previous rale, Craig planned and executed the split of a multi -function shared service canter Into hva centers during a public company split. In addiilon, ha was a member at an enterprise PMO charged with removing 9100M in overhead casts through functional transfonnadon, shared services establishment and stfalagia past reduction, He has managed Me across diverse functions Including opwagona; finance and accounting, WR, preeuramom, IT and cafes: Craig has an MBA from Boston University and a BSc degfoa In Computer Selene from the United States Military Academy at West point, . Specific Expertlae Key companies I Orgataizatlona w ExparipM9tl preelHlOnar epadfrwlly focusing an the got UP and ruhharli . pn C;"'ang + 9a Pout B ty ofmultl-mncronSharedService Organizations - .. „ panaranic . SAIC .' Placated to Shared Servos, Beslness Trensibrmaaon, Entarprss 6A$ Leldos Put).. .. . '.. •. Extensive ledrnology lmplementatton experience • Day aZlmmemrarui •'NMSHcat. ' .. ktqulsNlon iiitsgmndfr, tllvasatrmS anrE spihdasxp®nencs. * PdtIOM Dificramoif': NASA .. Entotprlse transformation eXponancealmad atlunuYlwrai transformaitnn : ' and sirategk 01rddueticm .,. Relevant Experience Enforpriso Transformodon Completed shared services design ond-implementation-as-part-ai-muni•year-eafemrise-Srarosfnrmatlan Initiatives aimad at signilloantly reducing an organization's overhead costs, Separate pmlects Included a headquarters consolidation, a public company split and preparation for a stratago diwes4ture, Recent experience building global HR shared services across EMEA and APAC. Shared Services & Ouraouising Implemented muni•organization Shared Services for finance, promement, contracts, security and human resources employee winless in both graatdiold and brawnheid locations. Established and managed oonlrapzad budget rho decision support funotlpns, Established acclamted cuatomersupport operations, onabling scalabililywhile, reversing underperformance. Ohnnge LcacrcrsWp Exocunad a. myriad of stakeholder Impact and entcrprlso change mothers anilyaes leading to chane strategy formation and imptomento am. unbrad ahuctured clutnge mamodaCogtas to lessen Impact and accelerate adaption ofchange. tnfegration Planned for and oxicuted integration of back office fuettdions from numerous aoquiallions speeding synergy savings realization. F'roumv Swaattanca Optim83ed and Improved PTP, 01'0 and HTR procession io deliver key siranglo and business. obiacdves. Uttlizad process automation to drive efficiency sail control. 8uataan.re JnfJxra varnaret Led proiect prIwillzaitan discuaalons aaroas book eflfoo funolions olmarri at moxlmiaing scarce resources for highest return. Improved compliance, enhanced controls, higharquallty, Increasad customer satisfaction and more efficient operations. Leadership Has held a number of shared services leadership millions In bath finance rind multi-Funotion shared services organizations, Has also hold leadership miss In I1', HR and ratan, munl•aito opafallornd. Strong facilitation and communication skills_ Craig Ackerman Senior Project Manager Mobile: 1=703,4914419 Email: craigackermanP_chazeypartnere,cpm Web: www.chazeypartners.cont Chazey Partners Revised per email communication request 10/31/17 20A-69 Y City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 1119/17) • •' " t Subject Matter Expert— Robert Towle r+N R altts " W fi ••^ Background Robert has. over 28 years of expammoa in Finance, Shared Services and Technology implementations. Fie has. managed multiple shared santoas transformation projects and has held multiple roles managing shared services operations In the U.&, U.K, and In multiple locations. in'Indla. Prior to his rocent assignments, he was the Mott President of Finance for Pinkerton Consulting. Prior to Pinkerton, Robed was the Vice Prosfdarul of Global Operations Finance for Travelpon Limited, with responsibililfea Including the management of companys Indian Shared Service Center, global corporate travel and North American payroll operations. He is v/all suited todevoloping transfformation actfvhfas, but Is comfortable fadusing on daily eperollonol issues, managlag sfalf stall levels and ensuring a high level of customer service. Robert holds an MBA with dual concentrations in finance and Information Technology born Auburn University. $P•cificEillertlse 1ieyCvmPantea .. r Expert In Shared vervices, Business Twneforanown, - » First Data Corporaean o oofxatmanr M Heath and extensive ERP and lechnology implementation experience . pmtesonlc Human ServlceS-P.So Expedaepad project manager specrldally f cpsnit an the set up and + Cased Sciences ' +-tJniwraily of CeliTaemia, Cavia runningof Sharedaenke Centers.' - x Maws University System + •Untvgmfq'of California. San [ieY4er:o(ealiadecd Anancltll systomaomt uoM(als, Including » SeavkoCorparatlen tntYFranplsca . Salbatas"47diryconpitance. w' Tiavetpan L' rased " SlaFlalah lots' M& Plopauy . Marwpemeat of dlversesndmulll•pultarat gnaxelunctlons. rf .:Martino Campus., 'Compagopr l .. FcorBcrvfce %timpeA Computer : opamacgrel PbWSlmsgdalStlgaVar40 acgW31Ydn5 or mergers, anuting i'h 59enKm • '':IKON clone aolufkns fmm sire!I companies In Fanune Bob firms - y pP Plnkanon Consulting - e camsant +.'strtmg experience in dlvasatorea,sph-ode and lPbs, including the sprit'Hewlett-Packard seedmos of7mve1pop,Umaedfram Cendant. and the OrbltzWmldwide lPO., AIpilaemphlcs, Inc. Relevant Experience Finance Transforaradon Project Manager responsible for reorganizing Travelport Limited's finance operations Into one cohesive unit. Lead for re• ongmearing financial processes at Pinkerton Consulting. - Financial Control Resigned multiple Delouse street raconcounlon anoking table, Built internal Control proceduara fnr SOX compliance and managed slawalfaudils ofTravalport fiom Cendaml. BRA and nchnotoggy Extanshra ERP Impiementallon experlence covaltng SAP and Oracle. Extensive use of Hyperion Entaipdsa and HFM toots for consolidation and reporting. Managed U.& rcllaut o SAP for Hewlett•packard and Integration of multiple acquisitions onto Oracle Financials platform.. .. .. ..... . ...... ... .. ... . ... . . Fare€uf iva Leval Ittrefegla Support Provided alt gdidonum to e. number of mulonaticwYals on their Shared Services and teohndogy strategies, Including in tiro Travel, Printim, Computer and Security industries. Business Improvement Led Six Sigma Team focused on impraving and standardizing Shared Services operations at Travelport, Leadership Have hold a number of Senior Flnanem prmhlons Including vice President of Finance fee Pinkerton Consulting and Vice President of Ctohal fbpemtiaos flnanca al Yiovelportl Limited. Robeft'Towrle 6ief Operating Officer Phone: 662.812.7851 Email: roberttowle@chazeypartnere:oorm Web: Www.chazeyinutners.cam - Chazey Partners Revised per email communication request 10/31/17 m 20A-70 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • r Business Process Integration Manager— Diana Villegas T Chaze Diana Villegas Partners Business Process Integration Manager Background Diane has 10 years of experience in consulting of business process improvement with focus on financial processes, operational efficiency, internal control, risk assessment and compliance. She worked for 4 years in a Big 4 consulting firm (Dsloitte). After that, she performed different financial roles being promoted as a Commercial Controller al the word's leader media Investment agency in Mexico. She has done consulfing for Shared Services Canter implomantalion for R2R, Tax and Costs Accounting processes, as; well as the Integration of Business Units to the SSC operation and Implementation of management system. Diana obtained a Bachelor's Degree as an Accountant At the Universided Naclonal Autonom k de Mexico (UNAM), after that she took a seminar In Audit and Is in process of obtaining the MOA degree at UNAM. ific Expertise Sxtemal audit &tax eompiiance . Relevant Experience Shared Service Center Implementation She has participated in SSO implementation projects Including viability analysis, design, implementation and improvement of financial business process based on international best practices and benchmarks by industry and country, KPI management and preparation and negotiation of SLA's, training employees on new processes. Including Ke Com males pant fprfinancial processes Simbo ry) ::' R adiorama End implementation ofopereting, ' ,.` GroppM-. Mexico & Argentina :e. ' • Des Pinos a, cenial America eparatlon of financial statements; WP.P:Mexico it Control enhancement; Praud Process improvement, Internal control implementatlan and audit reviews She led the internal control department, being in charge of the design, implementation and improvement of business processes and policies with emphasis on SOX compliance. She was responsible for the internal audit reviews, Identifying control deficiencies and proposing action plans to mitigate them, following up with the management and process: leaders to ensure appropriate Implementation. She was also responsible of preparing and attending external audit reviews from clients and other third parties. Diana has also performed external audit reviews including tax compliance reviews. Risk management She managed projects related to the Implementation of risk management systems, identifying business risks as well as the implementation and monitoring of action plans, testing operating effectiveness and compliance. Financial analysis and Reporting She was responsible for the preparation and analysis of cash flow and financial statements, fnanclal and operatianal reports, defining and Improving reporting schedules end working with IT department to automate reports from the financial system. Diana Villegas, MBA Business Process Integration Manager Mobile: +52 55 37274237 .. Email: rllanavillegos@chazeypartners.com Web: wwmchaieyparmers.com Chazey Partners Revised per email communication request 10/31/17 20A-71 City of Santa Ana RFP 17-072 i Statement of Qualifications (Revised 11/9/17) Business Process Integration Manager (Technology)— Christian Wedlock T Chazey Christian Wedlock Partners Business Process integration Manager ma':: �b Itttt�l� t�Iw �rrls Background Christian Is an IT Consultant with over 10 years experience in the Industry. He has supported *wide vanetyof IT systems in abroad spectrum of induslrto , including Data, Marketing, Telecoms, Finance, Charities and Government. He Is adept at IT business support, training, development and management as well as advising on IT governance. He has been Involved In a variety of large scale IT projects within the EMEA. Christian has been with Chaney Partners for over years iso a Business Analyst a PMO, and has had experience In all project phases from Initial feasibility studies to Design, Build, Doployinent and stabilisatlon. Specific Expertise,, Prins 2 Praptitioner .. a epnnmogy t,anascal Relevant Experience wand applications Including ind IT applications..'. steels Technology Extensive technology Implementation experience rolling out various solutions Including ERP (Including HRI& systems such as oracle Psopla$o@ & SAP SuceessFaptors) and CRM solutions in.the public and private sectors. reviewed, analmd and documented extensive technology landscapes and appraisal documents. Advised on Disaster Recovery solutions for a wida range of orgoni#anons. Large Scale Deploymenf Managed EMEA client and server side support, worked on various large scale Evil IT "tam migration projects and advised on Infrastructure and ERP recommendations. Project Management Experfence Lloloing with the Project teams to update project plans and issue legs for weekly status meetings, coordinating project mobillutlon, kick off and steering group presentations and keeping track of project resources and updating risks. Maintaining the critical path schedules, � .. a , . to ,s „ _ stream leads and managing expense budgets and ensuring ergs and a vera os are navigated towards successfully by .. 9usiness Process Improvement Asslstinpp both public and private sector companies with IT strategy, redesign of Internal systems and processes up to certification, network ing, business -technology alignment and proactive It support and training. Pao station and Workshop Basign Designed and led a number of multidisciplinary engagements using hard end soft techoiques to maximise management, employee, customer and supplier engagement; responsible for ensuring that the voice of all parties veers aired and given due consideration at seniorforoms and when designing mora efficient processes. Christian Wedlock. F3 f t Business Process Integration Manager Mobile: +447884328224 Email: christianv,+ediock@chazeypartners.com Web: wvaw.chazeypartnersinaconr - Chazey Partners Revised per email communication request 10/31/17 20A-72 City of Santa Ana RFP 17-072 1 Statement of Quallflcations (Revised 11/9/17) ° I • •' t Business Process integration Analyst — Hilda Rivera Chazey Kilda Rivera Partners Business Process Integration Analyst NOWNWONNOW Background ffltdo has over 20 years of experience In business process nonglnearlog and management of application technology solutions in seml-conductor, telecommunications and software & services sectors. She has been rospanailsto for leading teams In Implementation of system solutions across Quote to Cash, Procure to Pay, and Human Resources Hilda has worked with all levels of senior monagoment and has experience aligning business strategic goals with projettinitlatives. One of Hilda"s core strength's is communication and bringing teams together to achieve successful project completion. Hllda has a Bachelor of Science degree In Accounting from Santa Clara University, SpeCIRe Expertl5e_.. clay Cati7Panles' '. ' Requirements gathering & process; re-smiskieering, + UC Davis a belrverof Saa5 hlllinglnidativEs ' s. Varian. a Technologyimplementation :.. •'.' . '.-.'' .Adobe `.: �.... '„ .. .. 1 v<'Aared5ervlcea .' Integrated Dash; 6TOcbnolosy 'Mergers&AcrimisRionii .Vi* " .. 50LCpraeesses PedOntrols ., c. Palm . :. �. Change Management',,. scrim :. '.. :' -x 'Partial" Project Management: ... .." .. ,.,peer Relevant Expeden i; Business transformation Was the Business Systems lead for Global shared Services implementation across 53 countries on an SAP platform. Intheareaaf subscription billings, led the transformation, of traditional pick, pack and ship preens to a somicas oriented process wwtb lavaragad existing systems and provided o mare efficient and touch five process. ERP &Technology Las! and participated in several successful SAP ERP upgrade Initiative Including the setup of new company codes, distribution plants, master records and creation of raw reports and programs, rllldo has also managed the implementation of hosted applications for payroll, expense reporting, and human resources tools. This included the Integration to necessary applications in support of financial and operational reporting. Program A Project Management Has led several program and project management Initlatives. These Include the FRP upgrade Initiatives, establishment of anew d[nrribution plant in Malaysia, creation of a user fdeddlywab tool for the procurarnentofindirect goods and SlIVICer, master data clean-up and the selection of a new global tau solution. Process Improvement In the Mergers & Acquisitions area, led operations and finance teams in successfully merging processes, controls, and systems. This established better controls as well as led to cost savings in areas where there was capitation of effort, Roman Resources Led Business Systems analyst$ in support HR processes and systems. This Included tools used for Talent Acqulsltioos: chis Improved visibility of top performers and skilisat of employee base, feadenhip Has field Finance & Information Technology Leadership positions Including Senior Manager, IT Applications Systems„ senior Dhisursomants Manager, and Aavariue Accounting Manager. She has fed global and cross tunstlomal looms using follow the sum methodology, Fulda Rivera . Business Process Integration Analyst Email: hildarlvernochataypartners.com Web; www.chaaeypartnersin"Orn Chazey Partners Revised per email communication request 10/31/17 20A-73 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) • •'' I r Business Process Integration Analyst— Kim Bernal r Chaney Kim Bernal Partners Business Process Integration Analyst Background Kim Bernal is a business process and software applications expert with over 20 years of extensive experience in developing and implementing business intelligence solutions. In addition, she is a financial business consultant and cartified project management professional (PMP). Kim has a real passion for empowering people through technology and has worked with numerous clients across a variety of industries. She loves working side by side with Lawson and Infer Clients and users of the Lawson and Infor Applications and Tool sets. Specific Expertise Key Companies • Business Process Re-engineering . Stanford Healthcare . Communication and Staff Development • : USCS Cold Storage Austin Independent school bistrict Project Management Publisher's Clearing House . Lawson Software Applications andlmplementations Memorial. Healthoare System 'The Cleveland Clinic . Infor Buslness intelligence Applications'and Hibbert Sports Implementations Relevant Experience Business Process Engineering She has been highly successful In managing a variety of business process reengineering projects across a wide range of functions including human resources, financial, and supply chain management application implementation projects, application upgrade. projects, business process. ERP System Implementation She led multiple ERP solution Implementations across a wide range of systems providing expertise in technology needs analysis and evaluation, assessment of businesses'core operational procedures along with best practices and goals, Her projects are managed both cost-effectively and forward-thlnking producing solutions and assoolated processes that are effiolenf, effective and results driven. Lawson Software Expert/se ..: .,. .. She is an experienced, skilled applloation consultant with expertise In numerous actions across a wide range of Lawson software solutions Including Business Intelligence, Financial Applications, Supply Chain Management, pistributionApplications, and Human Resources. Project Management She has extensive experlence In leading projects to time and budget. She is a member of the Project Management Institute and holds multiple project management certifications Including Project Management Professional (PMP), Lawson Certified Professional -Project Managsment (LCP WM) and Lawson Stepwise. Project Management. Kim Bernal Business Process Integration Analyst Mobil e:+17044971454 Email: klmbernalljIlchazeypadnamcom Web: www.chazeypartnem.com Chazey Partners Revised per email communication request 10/31/17 20A-74 EXHIBIT B PROPOSAL FOR RFP NO.; 17-072 BUSINESS PROCESSES ASSESSMENT & IMPLEMENTATION PLAN CITY OF SANTA ANA PUBLIC WORKS AGENCY 20A-75 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9/17) ° ° t 1 PROJECT FEE SCHEDULE 1.1 FEES AND EXPENSES Chazey Partners will complete all phases of the Project for a total cost ranging between $281,450 and $359,120, depending on the final scope as determined at the end of the Roadmap portion of Phase 1. We will be able to better determine the required effort when the Agency has determined what opportunities it will be moving forward with and the extent to which implementation support will be required for the technology solution selected. This estimate is based on 40 weeks of effort and assumes a project start date of January 22, 2018. Phase 1 commences January 22 and is scheduled to complete on June 15. Phase 2 commences on June 18 and is scheduled to complete on October 19, 2018. Both fee proposals below (low range and high range) cover this same period, with additional effort allocated to the high range effort, as supported by Phase 1 findings and Agency leadership prioritization. Expenses (estimated at 15% of fees) would be additional and charged on a cost recovery basis In accordance with the City of Santa Ana Public Works Agency (the "Agency") policies. Invoices will be raised approximately monthly and linked to the completion of deliverables in this proposal. The invoice will include a detailed breakdown of work completed by each team member. Chazey Partners will invoice for straight hours worked and does not bill for unproductive travel time. We understand that the City will select the consultant based on qualifications, and then negotiate a contract price. based on available funding 1.2 WORK EFFORT The work effort, project days and hourly rates are provided in Figure 1 below. Figure 1; Project Work Effort, Days and Cost PHASE 1 Engagement Partner Phil Searle Senior Project Manager Craig Ackerman Subject Matter Expert Robert Towle BPI Manager txiena Villages BPI Manager Christian Wedlock BPI Analyst Hilda Rlvera/Kinn Bernal PHASE 2 Engagement Partner Senior Project Manager Subject Matter Expert BPI Manager BPI Manager BPI Analyst TOTAL PROJECT FEES $2s1,4S0 10% 10.0 80 $22,400 30% 32.0 256 $56,820 91/ 9.8 79 $17,160 67% 70.0 $60 $92,400 14% 13.0 120 $19,800 27% 28.0 224 $28;000 1.57 FTEs 164,8 1,818 $236,080 it III I MIS 4% 4.0 32 $8,980 22% 20.0 160 $35,200 0% 0.0 38% 34.0 272 $44,880 0% 0.0 38% $4.0 _ 272 $34,000 102 FTE9 32.0 734_ $129,040 Chazey Partners Revised per email communication request 10/31/17 20A-76 $3S9,120 ILII +, , $28o 10%' 10.0 so $22,400 $220 30% 32.0 2S6 $560320 $220 0% 0.0 Robert Towle $220 $165 $79 60.0 480 $79,200 $165 10% 10.0 80 $13,200 $125 11% 11.3 90 $11,250 1,17 FTEs 126,8 886 §182,370 $2s1,4S0 10% 10.0 80 $22,400 30% 32.0 256 $56,820 91/ 9.8 79 $17,160 67% 70.0 $60 $92,400 14% 13.0 120 $19,800 27% 28.0 224 $28;000 1.57 FTEs 164,8 1,818 $236,080 it III I MIS 4% 4.0 32 $8,980 22% 20.0 160 $35,200 0% 0.0 38% 34.0 272 $44,880 0% 0.0 38% $4.0 _ 272 $34,000 102 FTE9 32.0 734_ $129,040 Chazey Partners Revised per email communication request 10/31/17 20A-76 $3S9,120 ILII +, , Phil Searle $280 49 B 82 $8,960 Craig Ackerman $220 18% 16.0 120 $28,160 Robert Towle $220 01% 0.0 Blame Villages $165 31% 28.0 224 $36,960 Christian Wedlock $165 o% 0.0 Hlida Rivare/Kim Barnet $12S 28% 25.0 200 $25,000 0.81 FTEs 73.0 _. _ $84_ $99,080 $2s1,4S0 10% 10.0 80 $22,400 30% 32.0 256 $56,820 91/ 9.8 79 $17,160 67% 70.0 $60 $92,400 14% 13.0 120 $19,800 27% 28.0 224 $28;000 1.57 FTEs 164,8 1,818 $236,080 it III I MIS 4% 4.0 32 $8,980 22% 20.0 160 $35,200 0% 0.0 38% 34.0 272 $44,880 0% 0.0 38% $4.0 _ 272 $34,000 102 FTE9 32.0 734_ $129,040 Chazey Partners Revised per email communication request 10/31/17 20A-76 $3S9,120 City of Santa Ana RFP 17-072 1 Statement of Qualifications (Revised 11/9117) • Our proposed timelines to complete the Project are subject to the availability of Agency personnel and the timely sharing of data in support of the Project timelines. However, if there Is the need for additional support beyond what has been included in this proposal or if there is need for additional time due to an extension of the timeline, then Chazey Partners would be happy to support such additional effort, subject to negotiation and approval, and invoiced based on the hourly rates In this proposal. Chazey Partners Revised per email communication request 10/31/17 20A-77 20A-78 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: AWARD PURCHASE ORDER TO WESTERN EQUIPMENT MANUFACTURING, INC. FOR A TRUCK- MOUNTED ROUGH TERRAIN FORKLIFT (SPEC. NO. 17-138) (STRATEGIC PLAN NO. 6,2) Cl* 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 Authorize a one-time purchase and payment of purchase order to Western Equipment Manufacturing, Inc., for the procurement of one truck -mounted rough terrain forklift in the amount of $63,711, plus a $1,000 contingency, for a total amount not to exceed $64,711, subject to nonsubstantive changes approved by the City Manager and City Attorney. The Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Public Works Agency is in need of a new rough terrain transportable forklift for use in moving pallets of materials at various water facility sites across the City. The City's well, pump, and reservoir sites have a mix of paved and unpaved surfaces that require a forklift with a specialized wheel base to safely move the operational supplies when delivered. The Notice Inviting Bids was advertised on December 5, 2017, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 13 Vendors notified 4 Vendors downloaded the bid packet 1 Bid received 0 Bids received from Santa Ana vendors The bid was opened on January 3, 2018, and evaluated. The bid from Western Equipment Manufacturing, Inc. is responsive to the specifications and meets the City's requirements. To 22A-1 Award Purchase Order for Rough Terrain Forklift February 20, 2018 Page 2 allow for unanticipated charges, a $1,000 contingency has been included in the award amount. If the recommended action is approved, delivery is expected within 10 to 12 weeks. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $64,711 are available in the Water Systems Maintenance Machinery & Equipment Account (No. 06017641-66400) for expenditure in FY 2017-18. Pre6 Mousavipour Executive Director Public Works Agency FM/CL/sp APPROVED AS TO FUNDS AND ACCOUNTS: Executive Director J I Finance -and Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: AWARD PURCHASE ORDER TO PLUMBERS DEPOT INC. FOR A JETTER VACUUM TRUCK (SPEC. NO. 17-136) {STRATEGIC PLAN NO. 6,2) P CIT MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1B1 Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Reject bids from Municipal Maintenance Equipment, Inc., as nonresponsive; one bid was for a 2017 model year truck and one offered an unacceptable alternative power train system. 2. Authorize a one-time purchase and payment of purchase order to Plumbers Depot Inc. for the procurement of one 2018 jetter vacuum truck, in the amount of $521,635 plus a $10,430 contingency for a total amount not to exceed $532,065, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency, Facilities, Fleet Maintenance and Central Stores Division is responsible for the acquisition, maintenance, repair, and replacement of vehicles, trucks, and maintenance equipment. The Public Works Agency is in need of a new jetter vacuum truck to replace an older unit that is over 15 years old and is consistently having mechanical issues due to its age. The existing truck is used by Sanitary Sewer staff to maintain and clean out sewer lines throughout the city. The Notice Inviting Bids was advertised on November 29, 2017, on the City's online bid management and publication system. A summary of the bid invitations and bids received is as follows: 36 Vendors notified 12 Vendors downloaded the bid packet 3 Bids received 0 Bids received from Santa Ana vendors 2213-1 Award Purchase Order for Jetter Vacuum Truck February 20, 2018 Page 2 The bids were opened on December 27, 2017, and evaluated. The two bids from Municipal Maintenance Equipment, Inc. were deemed noncompliant due to the vehicle chassis and engine not meeting minimum specification requirements. The bid from Plumbers Depot Inc. is responsive to the specifications and meets the City's requirements. To allow for unanticipated charges, a $10,430 (2%) contingency has been included in the award amount. If the recommended action is approved, delivery is expected within 180 to 240 days. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Strategic Plan Goal #6 — Community Facilities & Infrastructure, Objective #2 (address deferred maintenance on City buildings and equipment). FISCAL IMPACT Funds in the amount of $532,065 are available in the Sanitary Sewer Service Machinery & Equipment Account (No. 05617640-66400) for expenditure in FY 2017-18. Public Works Agency FM/CL/sp AS TO FUNDS AND ACCOUNTS: Franc Gutierrez Executi Director Finance and Management Services Agency 228-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: FEBRUARY 20, 2018 TITLE: APPROVED ACCEPT CONSTRUCTION COMPLETION AND ❑ As Recommended APPROVE FINAL EXPENDITURE REPORT ❑ Amended FOR THE PACIFIC ELECTRIC PARK [-]OOrdinance on Reading E]2n Ordinance on tl Reading PROJECT - (PROJECT NO. 14-7513) ❑ Implementing Resolution (STRATEGIC PLAN NO. 6, 1G) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY ANAGER RECOMMENDED ACTION Accept the work as completed and approve the final expenditure report for the construction of the Pacific Electric Park project. DISCUSSION On March 21, 2017, the City Council awarded a construction contract to Lehman Construction, Inc., in a base contract amount of $1,998,650 and a construction contingency of $214,436. The project consists of a new neighborhood park developed at a City -owned, 1.4 -acre property located at the north-east corner of Orange Avenue and McFadden Avenue (Exhibit 1). The new park includes a bike and equestrian rest stop, benches, bike racks, drinking fountain, picnic area, themed restroom, themed playground, fitness equipment, amphitheater, community garden, fruit tree grove, gardening classroom with seating, irrigation system, security lighting along decomposed granite walkways, bio-swales, and a drought -tolerant plant palette. On January 20, 2018, the City held a standing -room -only ribbon cutting and grand opening celebration of this new park (Exhibit 2). Park improvements have been satisfactorily completed and the final expenditures were within the approved grant and City Council -authorized budget. The park is in full use and is a welcomed addition to the community. 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 Plan). ENVIRONMENTAL IMPACT There are no environmental impacts associated with the recommended action. 23A-1 Construction Completion - Pacific Electric Park February 20, 2018 Page 2 FISCAL IMPACT There are no fiscal impacts related with the acceptance of the improvements. Fred ousavipour Executive Director Public Works Agency GerardtYMouet Robert M. Zu Sch i de Executive Director Interim Executive Director Parks, Recreation & Community Services Agency l � i� 11 �rIrLHI iN11� C�] Exhibits: 1. Location Map 2. Grand Opening Community Development Agency 23A-2 a t u MCFADDEM AVE I [ OXFORD Bi 7 BEVERLY PL NDRMANDY PL N a HARWDDD PL MCFADDEN AVE BEVERLY PL PROJECT LOCATIM P W A i AGENDA O A DATE: FEBRUARY B EXHIBIT 1 PACIFIC ELECTRIC PARK (PROJECT 14-7513) 23A-3 PAGE 1 OF 1 °?loop,:� a az ¥ ?� f � Z±� � � ■§ . � REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: AWARD AGREEMENT TO T.R. HOLLIMAN AND ASSOCIATES, INC., FOR A RECYCLED WATER SYSTEM MASTER PLAN (NONGENERAL FUND) (STRATEGIC PLAN NO. 5, 2) CITY M IJAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2"d 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 T.R. Holliman and Associates, Inc., to provide water systems controls services for the three-year period beginning February 20, 2018, and expiring February 19, 2021, with provisions for a two-year renewal option exercisable by the City Manager and City Attorney, in an amount not to exceed $200,000, including a $176,300 project fee and a contingency of $23,700, for the term of the agreement, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana receives recycled water from the Orange County Water District (OCWD) recycled water system called the Green Acres Project (GAP). GAP is a water reuse effort that provides recycled water for landscape irrigation at parks, schools, and golf courses; industrial uses, such as carpet dying; toilet flushing; and cooling for power generation. Currently, recycled water use in Santa Ana is limited but includes the irrigation of some City parks, schools, street medians, green belts, and commercial -industrial uses. Only about one percent of the City's total water demand (350 acre-feet) is supplied by recycled water. The recycled water consumed directly supplants potable water use, which reduces the demand on the groundwater basin and preserves potable supplies for other uses. The existing recycled water distribution system exists in only a small portion of the City and is wholly owned and operated by OCWD. In order for the availability and use of recycled water to expand in the community, the City would need to build and operate its own recycled water system. There are many environmental and economic benefits of expanding recycled water use throughout the community, including providing a source of lower-cost water, saving local resources, and the ability to irrigate landscapes in times of drought. 25A-1 Award Agreement to T.R. Holliman and Associates, Inc. for a Recycled Water System Master Plan February 20, 2018 Page 2 A Recycled Water Master Plan is utilized by municipalities and water agencies as a systematic means to identify and assess the best and most efficient means of developing a recycled water system that meets the demands and expectations of the community. The proposed Recycled Water Master Plan will include the development of a computerized hydraulic model, identification of recycled water demand in the community, identification of recycled water sources, and establishment of an ordered list of capital improvement projects and costs. As the City's first Recycled Water Master Plan, this document will serve as the basis for future decisions regarding the potential expansion of recycled water in the City and will assist the City in obtaining available grant funding for the identified projects. Staff prepared a Request for Proposals (RFP) which was advertised on the City's Planet Bids website, as well as the City website, on October 19, 2017. Two proposals were received and evaluated by a selection committee comprised of City and OCWD staff. Both firms scored above the minimum acceptable score of 70. Listed below are the responding firms and their respective scores: Rank FIRM Location Score 1 T.R. Holliman and Associates, Inc. Highland 92.6 2 Tetra Tech, Inc. Irvine 88.8 Following evaluation and ranking of proposals, the fee rate schedule for the top ranked firm was opened and reviewed. In accordance with the RFP, staff recommends awarding a contract to T.R. Holliman and Associates, Inc. Their proposal demonstrated a high technical competency and experience performing similar services. The proposal contained a clear path toward achieving City goals and objectives as required by the RFP and included additional optional value-added services. The Master Plan scope of services is expected to be completed within 12 months; an additional 12 months is included for optional related services. The $200,000 total agreement compensation is comprised of the $176,300 project fee and $23,700 of contingency funding for services to be performed should additional related work arise. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. 25A-2 Award Agreement to T.R. Holliman and Associates, Inc. for a Recycled Water System Master Plan February 20, 2018 Page 3 FISCAL IMPACT Project funding from the Water Administration and Engineering Contractual Services -Professional account (No. 06017645-62300) is available in the Fiscal Year 2017/18 budget and will be budgeted in subsequent fiscal years as identified in the estimated spending plan below: Fiscal Year Amount FY 2017/18 (February — June) $50,000 FY 2018/19 (July -June) $110,000 FY 2019/20 (July -June) $20,000 FY 2020/21 (July -February) $20,000 TOTAL $200,000 Frep Mous vigour Executive Director Public Works Agency FM/NS/RR Exhibit: 1. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency 25A-3 25A-4 AGREEMENT FOR PREPARATION OF RECYCLED WATER MASTER PLAN THIS AGREEMENT is made and entered into this 20th day of February, 2018 by and between T:R. Holliman and Associates, 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. On October 19, 2017, the City issued Request for Proposal No. 17-114, by which it sought a consultant to prepare a Recycled Water Master Plan. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that it is able and willing to provide the services described in the scope of work that was included in RFP No. 17-114. 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 contracting 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 the services that were described in the scope of work that was included in RFP No. 17-114 and as more specifically delineated in Consultant's proposal, which is attached as Exhibit A and incorporated in full. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services under this Agreement, the rates and charges identified in Exhibit B. The total sum to be expended under the tern of this Agreement, including any extension periods, shall not exceed "$200,000, This sum includes the (1) base fee of $176,300 plus (2) a contingency"of$21,700'for services to be performed 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 and Scope of Work, which may reasonably be expected by City. Exhibit 1 Page 1 of 8 25A-5 3. TERM This Agreement shall commence on the date first written above and terminate on February 19, 2021, unless terminated earlier in accordance with Section 16, below. The term of this Agreement may be extended for one 2 -year period upon a writing executed by the City Manager and City Attorney. 4. INDEPENDENT CONSULTANT 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 hisurance. 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 Page 2 of S 25A-6 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. 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 Page 3 of 8 25A-7 and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 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 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 of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant. INTELLECTUAL PROPERTY INDEMNIFICATION Consultant shall defend, indemnify and hold harmless the City, its officers, agents, representatives, and employees against any and all liability, including costs, and attorney's fees, for infringement of any United States' letters patent, trademark, or copyright 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. Page 4 of 8 25A-8 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 interest 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 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 Page 5 of 8 25A-9 To Consultant: T.R. Holliman and Associates, Inc. 3543 Citrus Street Highland, CA 92346 Attn: Thomas Holliman 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 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. 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. Page 6 of 8 25A-10 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 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. 18. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 19, PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 20. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of Page 7 of 8 25A-11 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 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By )Jn M. Fnnkstant City Attorney RECOMMENDED FOR APPROVAL FRED MOUSAVIPOUR Executive Director; Public Works Agency CITY OF SANTA ANA RAUL GODINEZ II City Manager CONSULTANT Name: Title: Page 8 of 8 25A-12 ■ Y 40 1 T.R. HOLLIMAN & ASSOCIATES 3543 Citrus Street, Highland, CA 92346 (909)57$-6802 25A-13 City of Santa Ana Recycled Water Master Plan Firm Team The City of Santa Ana desires to retain a qualified consultant to prepare a Recycled This section is comprised of the Project Understanding and Approach, followed by the Scope of Work. It includes a detailed description of the intended methodology and work plan to be utilized in addressing the scope of work. It describes our perception of the work required and how our firm, personnel, and services will be utilized. Water Master Plan that promotes the expanded use of recycled water in the City and accomplishes the following: 1. Creates a plan for constructing recycled water service lines for customer's adjacent to existing recycled water pipelines, Z Identifies strategies for creating a City owned recycled water distribution system, 3. Expands the recycled water distribution system to strategic parts of the City, 4. Identifies other potential sources of recycled water, 5. Identifies funding needs and GIP budget, 6. Identifies potential funding sources including, but not limited to, grants, loans or other subsidies, 7. Creates a recycled water computerized hydraulic model. To meet the City's expectations the TRHA Team has assembled a uniquely qualified team of recycled water experts for this project. Aanager, nan, PE, years of in the design, financing, and onsite conversions of recycled water systems. Mr. Holliman was the principal author the CA/NV AWWA Dual Distribution Guidelines and the primary force behind making purple the internationalized recognized identification of non -potable water systems. The winner of three WateReuse Association awards for Special Merit Projects including the first dual plumbed buildings to use recycled water for flushing toilets and urinals, use of recycled water for ground subsidence control, and recently the first professional hockey rink in the U.S. to use recycled water for making ice. Mr. Hollirrian has developed and managed recycled water programs for the Irvine Ranch Water District, Long Beach Water Department as well as provided recycled water engineering services for the City of Oxnard's GREAT projects, City of Lompoc, Pomona, Castaic Lake Water Agency, and Rincon del Diablo Municipal Water District. He is also an AWWA'and USC certified Cross -Connection Control Program Specialist. Joining Mr. Holliman is our Principal Planner, John Robinson. Mr. Robinson has over 20 years of experience which includes the coordination of tasks with his support team and other task leads to deliver a coordinated and accurate recycled water master plans. He has completed over 35 recycled water regional and master planning. John is a leader in hydraulic modeling, economic feasibility, and engineering analysis of recycled water, Firm Team, Understanding of Need and Approach, and Scope of Work 25A-14 Page 1 City of Santa Ana Recycled Water Master Plan water supply, technology evaluation and recommendations, and preparation of study and design reports. For the City of Upland's Recycled Water System Master Plan, John developed a phased recommendation for expanding the recycled water system to meet the demand of the identified recycled water customers. John also evaluated future demands for the Inland Empire Utilities Agency's existing and estimated recycled water demands, and a recommended regional backbone system to distribute recycled water throughout the service area. John worked on the original Green Acres Project (GAP) hydraulic model for Orange County Water District, converted a potable water reservoir previously owned by the City to support the GAP. John is active locally as the Treasurer of the Orange County Water Association where we held SafetyFest at the City's office in May 2017 and is on the Board of Directors of WateReuse Association. John has worked with Tom on several projects in the past years. We have included Mr. Ben Pak in the TRHA team who will be developing the hydraulic models for the master plan. In addition to expertise in developing and analyzing recycled water hydraulic models, Mr. Pak has managed the recycled water development and conversions for the Inland Empire Utilities Agency for the cities of Chino, Chino Hills, Ontario, Upland, Montclair, Monte Vista Water District, and Cucamonga Valley Water District. testing, and And finally, we included Mr. Joe Walters for Quality Control and Quality Assurance. Mr. Walters has been responsible for conversion of over one hundred customer sites including, plan review, cross connection construction inspection. He managed multiple consultant teams for 10 years, and developed project specific master plans to focus on opportunities within and outside West Basin Municipal Water District West Basin) service area where he served as Recycled Water Program Manager for 16 years. He managed the West Basin Recycled Master Planning efforts in FY2000, FY2009 CIMP; and FY2014. Joe directed West Basin's Clean Water State Revolving Fund (CWSRF) application ($27M) and Proposition 84 Round 3 project management ($611K). He provided Contract Negotiations for industrial users including Tesoro Refinery, Toyota, and Honda North American Headquarters. The TRHA Team has over 100 years of combined experience in planning; developing, funding, and administering recycled water projects both in the system and onsite implementation. By providing a focused team of experts, the City will receive the highest quality effort and a product that will be based on technical analysis but also the "reality check" resulting from both public agency and private experience of implementing a recycled water program from inception to "water through the meter". Understanding of Need and Approach The City's current wastewater flows are conveyed to the Orange County Sanitation District for treatment and disposal. The Orange County Water District currently produces recycled water from wastewater treated at the Orange County Sanitation Districts to provide recycled water to customers through the Green Acres Project (GAP). OCWD's Green Acres Project (GAP) is a water reuse effort that provides recycled water for landscape irrigation at parks, schools and golf courses; industrial uses, such as carpet dying; toilet flushing; and power generation cooling. Firm Team, Understanding of /deed and Approach, and Scope of Work 25A-15 Page 2 0 City of Santa Ana Recycled Water MasterPlan Since 1991, GAP has provided an alternate source of water to the cities of Costa Mesa, Fountain Valley, Huntington Beach, Newport Beach and Santa Ana. There are approximately 100 different sites currently using GAP water. The total annual demand for GAP water in fiscal year 2014-15 was approximately 4,320 acre-feet, or 3.86 million gallons per day (MGD). For the GAP system, the OCSD flows are treated to a tertiary level (Title 22 of the California Code of Regulations). The GAP distribution system consists of two separate pump stations, two reservoirs with a combined storage capacity of 7.5 million gallons; approximately 37 miles of OCWD owned pipelines. The City provides OCWD GAP recycled water to the southern part of the City. In FY 2014-15, Figure 1— GAP Pipelines approximately 352 AF of GAP water was used in the City's service area. Figure 1 depicts the current alignment of the GAP system the current users/uses of recycled water are as follows: • Centennial Soccer Fields • Bomo Koral Park • Flower Street Bike Trail • McFadden Intermediate School • Adams Park • Chroma Systems- Carpet Dyeing • Chrome Systems- Landscape • Kaiser Medical Office Landscape • Chick-fil-A Landscape • Santa Ana River Trail Landscape • Godinez High School Landscape Firm Team, Understanding of Need and Approach, and Scope of Work 25A-16 Page 3 h ` � City of Santa Ana Recycled Water Master Plan • MacArthur Boulevard Median Landscape • Bear Street Median Landscape • Thornton Park • Harbor Boulevard Median Landscape • Santa Ana Valley High School Sports Complex Landscape While the GAP provides recycled water supply to sixteen customers in the City of Santa Ana, the City seeks to expand their recycled water system to offset more potable demand. The focus of the recycled water master plan will be to identify the potential for expanded recycled water use in the City and the distribution system needed to supply that demand. Finally, the master plan will identify the most cost-effective option for the City and provide a hydraulic model of the recommended system. The TRHA Team will utilize a proven approach to complete the Recycled Water Master Plan. The approach encompasses the following five steps: 1. Assessment of Available Recycled Water Supplies, 2. Assessment and Verification of Potential Recycled Water Demands, 3. Evaluation of Treatment Requirements for Potential Recycled Water Customers, 4. Development of Water Distribution and Recycled The GAP distribution system can only provide service to the southern portion of the City. To expand the system into the northern portion of the City storage and pumping will be required. By taking recycled water at a constant rate and peaking from its own reservoirs additional users could be served with recycled water. The second potential source of recycled water would be from interconnections to the GWRS pipeline. The GWRS pipeline shown in Figure 2, transverses the City and provides recycled water for groundwater injection and spreading. If an agreement could be made with OCWD to make this s ARRA �� t'd 8Y OCWpi �+"4a a F3'.t a PDAMO MANAGED l�At RECRAROC < {X t+ F 3 sACAKo 6WRSANCBDWAIft "PURiF�CAT@NI'AOILIFY SEAWATER =m����" INTA441CN BARRIER Cid "yPACII O .1—ATMENT FACILITYc'"�{'� OCEAN o g n t y` OUTFLOW, y� PACIFIC OCEAN System options, 5. Cost and Funding Evaluation for Recycled Water System. Assessment of Available Recycled Water Supplies The first task in the Recycled Water Master Plan will be to identify and evaluate the sources of recycled water supply to the City. In this case, this will consist of reviewing the recycled water supplied by the GAP. Figure 2 -- GWRS Pipelines pipeline available the cost impacts of storage, pumping, and energy costs of expanding only from the GAP pipelines could be significantly reduced. Firm Team, Understanding of Need and Approach, and Scope of Work 25A-17 Page 4 0City of Santa Ana Recycled Water Master Plan Assessment of Potential Recycled Water Customers The second step in completing the recycled water master plan is to develop potential recycled water demands. Proper TRHA will focus on Identification of potential developing a list of recycled water demands users with a high is the basis of likelihood of using developing a recycled recycled water. This water system. The will be based on the success of recycled type and quantity of water systems is based water use, and similar on identification and past successful verification of real recycled water customers that have a conversions in willingness to use Southern California. recycled water. The TRHA Team understands that the potential recycled water customers within the City are likely to be categorized into the following three categories; the approaches to convert each of these customers are different: 1, Landscape Irrigation, such as schools, parks, golf courses, street medians, and multi -family irrigation; 2. Industrial/Commercial Process Water, such as cooling towers and water used in producing product such as concrete, carpet washing, chemical milling; and 3. Agricultural, TRHA's approach will be to first develop a recycled water customer database, identifying potential recycled water customers with demands greater than two acre-feet/year. The database will include not only the location and demand of customers, but also the use of the water and specific water quality requirements for each of the potential customers. The primary source of information will come from the City's existing potable water billing database, focusing on the top potable water customers, with customers geocoded to the location of the service connection. We will estimate the potential recycled water usage based on existing potable water demands of customers and our experience regarding the percentage of potable water demands that can be successfully converted to recycled water. The City can free up potable demand by converting additional major irrigation customers. The City currently has 35 parks, 4 joint use sites, and 19 recreational facilities, of which only 6 are currently being irrigated with recycled water. The TRHA Team has extensive experience in working with the parks and recreation departments of multiple cities, and working with school staff and boards for elementary, middle, high school, and junior colleges, our understanding of how they do business, their challenges, and they administrative procedures are key ingredients in obtaining a commitment from these users. Another potential cycled water use consists of converting industrial/commercial users from potable water to recycled water. The primary industrial/commercial uses would be industrial cooling both in the manufacturing process and for cooling towers. There may also be industrial users which could use recycled water for producing products such as concrete, carpet cleaning. Firm Team, Understanding of Need and Approach, and Scope of Work 25A-18 Page 5 0City of Santa Ana Recycled Water Master plan A critical step in the identification process is the identification of likely conversion sites. While there may be potential customers which could use recycled water the TRHA Team has extensive experience in Identifying and verifying potential customers that are likely to convert to recycled water. The TRHA Team will work with City staff to evaluate prospective conversion users and identify the customers which will be used for developing the hydraulic model Development of Recycled Water Distribution System The fourth step in developing the Recycled Water Master Plan will be developing a potential recycled water distribution system. Criteria for system pressures, pipeline Velocities, pressure zones, storage, and pumping 40% requirements will be developed. The recycled water system will be developed based on those criteria, A GIS -based KYPIPE hydraulic model will be developed as a tool to size the proposed recycled water system facilities. The recommended recycled water system alternative will be selected based on the lowest cost while serving the most recycled water. Based on our experience, the largest recycled water customers drive the creation of a recycled water system. Figure 3 shows recycled water customers versus the percent of total recycled water demand for the Long Beach Water Department. In this case, the top six customers equaled BO percent of the potential recycled water demand and the top 20 customers equaled 80 percent of the potential demand. This is reflective of most recycled water systems. Since this is the case, our approach is to develop infrastructure to serve the largest customers. Smaller customers may be served if they are along the route to larger customers (pipeline routes will be developed to pick up as many of these customers as possible). Various alternatives may be based on the number of customers to be served in the City's ultimate recycled water scenario. Top20-80% 7 9 11 13 15 17 19 21 23 25 27 29 31 33 35 37 39 41 43 45 47 49 Rank saaad on V0101"a or Recycled Watar Potential Figure 3 — Conversion of Largest Users to Recycled Water Firm Team, Understanding of Need and Approach, and Scope of Work 25A-19 City of Santa Ana Recycled Water Master Plan Cost and Funding Evaluation for Recycled Water Master Plan The TRHA Team will help the City develop a funding plan and pricing structure for recycled water that helps meet the City's revenue requirements and financing needs. Typically, most utilities charge for recycled water at rates ranging from 75 to 95 percent of potable water. However, due to the cost of implementing recycled water systems, especially due to the capital costs, cost of recycled water delivered cannot be matched with the revenue received. It must be recognized that recycled water is sometimes only financial) feasible when The TRHA Team has successfully acquired more than $182M of local, state, and federal funding for recycled water systems for our Southern California clients. Y compared to the cost of additional future water supplies or to increase water system reliability, rather than existing water supplies. Our team will develop a pricing and funding plan for recycled water that meets the following goals: Revenue Sufficiency — The tariffs set for recycled water and other sources of funding need to generate sufficient revenue to meet the City's revenue requirements. Since recycled water offsets potable water supply requirements, there may be some contribution from the potable water system. Fairness and Equity — The rates and fees need to be just and reflect the allocated cost of service among customers; however, they also need to be reflected at appropriate rates to convince users to use recycled water. Often recycled water projects are only cost - beneficial with some level of outside funding. We will help the City develop appropriate outside sources of funding to complete its recycled water system, recognizing that some sources of funding may require the City to adopt a Mandatory Use Ordinance, We will also develop the Master Plan to meet State Revolving Fund (SRF) funding requirements to ease future funding for the City. Potential sources of funding include: Local Funding Options: • Metropolitan Water District — Local Resource Project (Recycled Water Sales) and • Metropolitan Water District - Recycied Water Customer Retrofit. State Funding Options: • State Water Resources Control Board —Proposition 11 (Planning only), • State Water Resources Control Board — Proposition 50 Firm Team, Understanding of Need and Approach, and Scope of Work 25A-20 Page 7 0 City of Santa Ana Recycled Water Master Plan (Construction and Construction Management only), and • Department of Water Resources — Proposition 1 (Planning, Design, Construction, and Construction Management). Federal Funding Options: • US Bureau of Reclamation —Title XVI (Planning, Design, Construction, and Construction Management) and • US Army Corps of Engineers — Proposition 219 (Planning, Design, Construction; and Construction Management). • US Environmental Protection Agency —Water Infrastructure Finance and Innovation Act (WIFIA) The TRHA ream recommends that Proposition 9 funding be considered for immediate action. It requires minimal paper work and could reduce the out-of- pocket cost of the Recycled Water Master Plan by half. We recognize that the City has selected ESS to assist them in securing grant funding for the recycled Water system expansion. We have worked with Mr. Mir Fattahi of ESS on multiple projects in the past and have both a working and personal relationships with Mr, Fattahi which will allow us to coordinate our planning effort with ESS's working in securing grant funding for the City. Firm Team, Understanding of Need and Approach, and Scope of Work Page 8 25A-21 City of Santa Ana Recycled Water Master Plan 0911 Scope of Work The TRHA Team is proposing the following scope of work to complete the Recycled Water Master Plan. It is based on the scope of work in the City of Santa Ana's (City's) RFP and includes a detailed description of the intended methodology and work plan to be utilized in addressing the scope of work. Per the City's request, a detailed Fee Proposal is included in a separate seated envelope, It details cost per task and project staff discipline, L COMPUTERIZED HYDRAULIC MODEL A. General TRHA will create a computerized recycled water model for use in evaluating distribution facility requirements in accordance with AWWA M32 guidelines. The proposed recycled water distribution networks will be modeled to allow for a phased implementation strategy and for anticipated growth. B. Content/Tasks TRHA will perform the following hydraulic modeling tasks:: 9. Build Model TRHA will shall collect all pertinent data to build a computer model including, consumption data, pipeline GIS, facility locations and service area maps. It is assumed that data available to the City will be provided to TRHA for the modeling effort. Source and operations data will be requested of OCWD, which may have an existing computer model of the GAP system. TRHA will construct the model using the latest version of KYPIPE. This final model can be uploaded other platforms because it is a GIS based model. The hydraulic model will be used to determine: • Distribution system pressures, • Maximum Day Demand, and • Peak Hour Demand. 2. Calibrate Model TRHA will develop calibration criteria and perform associated field tests to successfully calibrate the model. TRHA will work with City staff to determine an acceptable level of accuracy for the calibration effort. 3. Analyze TRHA will develop planning and operational criteria to analyze/simulate the 'efficacy of proposed recycled water distribution facilities. Three supply options will be modeled, first, GAP pressure alone with direct connections to the GAP, second, reservoir and pump stations taking a constant flow from the GAP and expanding the system using pump stations, and third, reservoirs and pump stations from the GWRS. The final recommended system may be a combination of several of the models. The TRHA Team will review the storage requirements based on anticipated recycled water availability and anticipated customer use. We will utilize the list of City -owned properties to develop a list of up to three (3) potential locations for recycled water reservoirs. The recommended model would further be refined to reflect system expansion into the near-term (next 5-10 years) and long-term build out (year 2040). The most cost- effective projects will be identified for the near-term expansion program. C. Deliverables TRHA will deliver the following items under task L Computerized Hydraulic Model: • Pipe sizing, 1. Technical Memorandums with • Reservoir sizing, pertinent information about the • Pumping conditions, Firm Team, Understanding of Need and Approach, and Scope of Work Page 9 25A-22 j City of Santa Ana Recycled Water Waster Plan model build, calibration and additional recycled water demand, Such an analysis assessment will consist of the following.: 2. Model data files The TRHA Team will evaluate potential recycled water demands and users. The li. MASTER PLAN users that we will evaluate will consist: A. TRHA will prepare a Recycled Water Master Plan, also referred to as the Implementation Plan, which will address the City's goals for the recycled water master plan. The hydraulic model developed in the previous section will be utilized, as appropriate, to support the findings and/or recommendations of the master plan. The master plan will, at minimum, contain the following: I. Existing Recycled Water System This section will include a discussion and summarization of the existing 'recycled water system. The agencies involved sources of supply, distribution facilities, users and demand, and general condition of facilities. A Recycled Wafer Source Evaluation During development of the Master Plan the TRHA Team will evaluate both the quantity and quality of recycled water available to the City. Our preliminary investigation has identified that in addition to the GAP, the Orange County Water District has an additional pipeline that traverses the City that provides groundwater recharge water as part of OCWD's Groundwater Recharge System (GWRS) to spreading basins at the 91 and 55 Freeways. The TRHA Team will work with City staff to explore the feasibility Of using this additional recycled water sources. The purpose of this section is to identify the availability, or lack thereof, of source water to meet current and future needs. iii. Recycled Water Demand Evaluation The TRHA team will review available data and perform a market assessment to ascertain the existing and potential for • Schools within the City, • Parks within the City, • Golf courses within the City, • Caltrans right of way within the City, • Green belts owned by the City, • Industriallcommercial facilities, and • Agricultural The TRHA Team will obtain water use records for the top 100 water users and other landscape meters from the City Identifying likely and will use these recycled water records in conjunction conversion sites will with the customer be a key objective. type to conduct The TRI -IA Team has customer surveys to extensive experience determine anticipated in identifying users recycled water use, which may use We will identify the 30 recycled water based most likely customers on hundreds of to convert to recycled successful water and contact conversions in each of them to determine their interest in utilizing recycled water. Our team will visit each of the potential recycled water user sites to determine the current potable water connection point and the probability of connection. The TRHA Team will determine if the potential recycled water users have any special treatment or pressure requirements. We will collate the information developed as part of this task to create a database consisting of. • Recycled water user, • User ID #, • Anticipated recycled water demand for each customer, • User type (irrigation, industrial, commercial, agricultural or other categories to be determined by TRHA), Firm Team, Understanding of Need and Approach, and Scope of Work 25A-23 Page 10 ;, . City of Santa Ana Recycled Water Master Plan • User contact information, including primary point of contact, phone number, street address, email address (to be obtained from the City), • Type of Title 22 water requirements, and • Pressure requirements (to be obtained from the City's potable water demand database). Based on this information the TRHA Team will be able to Identify zones/targets in the City where the largest verified recycled water demand exists. The TRHA team will Identify probable customers which could be served from the existing GAP system, and those which could be added based on an expanded recycled water system. iv; Distribution System Expansion Opportunities The TRHA Team will identify and prepare conceptual distribution system layouts to supply the areas of the City with the greatest potential for recycled water demand. The TRHA Team will perform an economic analysis on the preliminary recycled water networks to evaluate the preferred projects, delivering recycled water at the lowest cost. This evaluation will be performed based on cost, potential revenue, and volume of recycled water delivered. The TRHA Team will identify and establish distribution system design criteria that Include minimum supply pressures and pipeline sizes. The proposed distribution system expansion shall be divided into a near-term build (next 5-10 years) and a long-term build (out to year 2040) where the most effective and efficient system expansions are performed in the near term. In addition to pipelines, to supply the expanded distribution system and meet minimum operating parameters, the TRHA team will identify the need for any: • pump stations • pressure control valves • reservoirs • hydro -pneumatic tanks It is anticipated that the Capital Improvement Projects will be split into the following projects: • Multiple pump station projects, • Recycled water reservoir, • Multiple pipeline projects, and • Multiple recycled water customer conversions. V. Implementation Plan The TRHA Team will develop a Master Plan or Implementation Plan consisting of the following sections: 1. Ordered List of Projects by Priority As part of this task the TRHA Team will prioritize all projects and identify the following items for each proposed project: • Costs for design and constructionfor each project, • Preliminary costs for administration, maintenance, and ownership • Funding sources and opportunities, • Permitting requirements, • Inter -agency requirements, • Advantages and Disadvantages, • Required precursor projects, and • Anticipated project duration. 2. Preliminary Costs for Design and Construction per Project The TRHA Team will prepare a Class 5 Opinion of Probable Construction Cost (OPCC) for the proposed projects. The OPCC shall be as defined by the Association for the Advancement of Cost Estimating. The OPCC will be for each Individual project with a 2 percent per year escalation to account for inflation until the anticipated construction time. We will assume engineering, legal, and construction management of 25 percent based on the estimated level of effort for the individual project and 30 percent contingency. Property acquisition and City project Firm Team, Understanding of Need and Approach, and Scope of Work Page 11 25A-24 t City of Santa Ana Recycled Water Master Plan management requirements and costs will be requirements of these users, a summary determined during development of the of water use data, and the potential Master Plan, recycled water users, We will utilize the OPCC in conjunction with anticipated recycled water demands to provide an estimated unit cost per acre-foot of recycled water. 3. Preliminary Costs related to Administration, Maintenance and Ownership The TRHA Team will prepare a preliminary cost estimate for administration, maintenance, and ownership costs of the proposed recycled water system. These estimates will be planning level estimates with a 30 percent contingency. 4, identification of Funding Sources and opportunities The TRHA Team will evaluate potential funding sources. The funding sources to be considered shall consist of: • Clean Water State Revolving Fund Loans, • Metropolitan Water District of Southern California Grants, • US Bureau of Reclamation Title XVI and WaterSMART grans, and • Local Bond Issues. B. Deliverables The master plan will generally follow the outline show below. • Section 1 —Introduction The Introduction will consist of project background, a description of the project area, and other information suitable for a person unfamiliar with the City or context of the project to understand the project goals. • Section 2—Anticipated Recycled Water Demands and Users • Section 3— Site Evaluations This will consist of a written narrative and figures. Section 4— Preliminary Recycled Water Piping System, Pump Stations; and Storage Evaluation This will consist of a written narrative and figures depicting the proposed recycled water system. • Section 5 -• Proposed Recycled Water Capital Improvement Projects This will consist of a narrative and figures depicting the phasing of the proposed projects. • Section 6 — Opinion of Probable Construction Costs This will consist of a narrative and tables describing the anticipated engineering and construction costs for the proposed projects. • Section 7 — Coordination and Regulatory Requirements This will consist of a written narrative and tables listing agencies with a stake in the proposed recycled water projects and a list of anticipated permits, • Section 8 — Funding Sources Evaluation This will consist of a written narrative, tables, and figures depicting the results of the financial analysis of the proposed recycled water system. • Appendix A —Water Use Data This appendix will consist of tables detailing the water use data obtained from the City. This will consist of a written narrative Appendix B -- Proposed Recycled and figures describing the different Water System types of recycled water users, the Firm Team, Understanding of Meed and Approach, and Scope of Work Page 92 25A-25 City of Santa Ana Recycled Water Master Plan This appendix will consist of one (1) 24 - by 36 -inch figure depicting the proposed recycled water system, pump stations, and reservoirs on an aerial photograph. Project phasing will be depicted by utilizing different colors to differentiate the different phases. The TRHA Team will deliver the following: A Draft Master Plan to the City clearly labeled as a draft. The submittal will consist of the following: Five (5) hard bound copies of the Draft Master Plan, and One zip drive containing the full report in RDF format. After a two-week review period we will conduct a review meeting with City Staff to gather comments. Our team will revise the report based on the comments and issue a Final Master Plan to the City clearly labeled as the final report. The submittal will consist of the following: 1. Five (5) 'hard bound copies of the Final Master Plan, and 2, One zip drive containing the full report in PDF format. 111. MEETINGS AND INTRERAGENCY COORDINATION A. Kickoff Meeting The TRHA Team's Project Manager and Principal Planner will attend one (1) contract kick-off meeting with City staff at the City's Corporate Yard located at 220 S. Daisy Avenue, Santa Ana, CA 92703 to discuss the project phases, scope of work, information necessary, and discuss the project and payment schedule. City staff will share contact information, safety and security protocols and familiarize the consultants with the City's sites and equipment. We will prepare and distribute the meeting agenda and meeting notes. B. OCWD and Other Cognizant Agencies OCWD - The TRHA Team will contact the OCWD on behalf of the City and coordinate meetings between OCWD, City and TRHA to facilitate the sharing of information required from OCWD to adequately perform the requirements of this project. Five (5) one-hour meetings with the Orange County Water District will be attended by two TRHA Team members, and the TRHA Team will be responsible for meeting notes for the project meetings. lather Cognizant Agencies - During development of the Master Plan the TRHA Team will coordinate with other agencies that have a vested interest in the use of the City's recycled water projects or who have regulatory oversight over the proposed projects. Our team will determine the main point of contact with each of the agencies listed and provide this as a table in the Master Plan. We have budgeted one (1) telephone call with the main point of contact for each of these agencies. Coordination activities shall consist of discussion of regulatory requirements, potential facility locations, potential water quality impacts; Title 22 water requirements, and other items to be determined by the TRHA Team during development of the Master Plan. These agencies shall consist of: • Orange County Healthcare Agency (OCHCA), • Regional Water quality Control Board - Santa Ana Region, • Orange County Sanitation District, • Orange County Water District • State Water Resources Control Board Division of Drinking Water, • Army Corps of Engineers, if channel crossings are encountered, • California Department of Transportation, and • US Bureau of Reclamation Firm Team, Understanding of Need and Approach, and Scope of Work 25A-26 Page 13 jyFA`F City of Santa Ana Recycled Water Master Plan C. Progress Meetings The TRHA Team will shall conduct periodic progress meetings with the City to ensure satisfactory progress and results. Five one- hour project meetings will be held with City staff to review project issues. These meetings are to be attended by our team's Project Manager, Principal Planner, and up to one additional TRHA Team member. D. Board and Community Presentations At the request of the City, the TRHA Team will conduct presentations regarding the results of the recycled water master plan to City Boards, Commissions and neighborhood community associations. We have assumed three (3), one-hour meetings and one (1) two (2) hour City Council Meeting Presentation. E. Deliverables TRHA will deliver the following for each meeting: 1. For each meeting the TRHA Team will provide an agenda three days prior to the meeting. 2. For each meeting the TRHA Team will provide meeting minutes three days after the meeting. iV. PROJECT MANAGEMENT & COORDINATION The TRHA Team will not proceed with any work without the approval of the City's designated Project Manager. TRHA will Invoice the City monthly for all work performed during the period. Each invoice will be accompanied by a summary of tasks performed, results and progress on long- term tasks if any. VALUE ADDED RELATED SERVICES TRHA has Identified additional related services that the City has not specifically identified in this RFP to accomplish the stated goals of this RFP. TRHA recognizes that the value added related services will be considered by the City and may or may not be incorporated in the agreement. VAS 1— On-call Funding Assistance The TRHA Team has a long history of working with our clients to obtain project funding. We can assist the City in meeting with funding agencies, filling out funding applications, and answering questions. This can speed the approval process and/or assist in obtaining additional funding. VAS 2— CEQA Clearance The TRHA Team has the capability to develop and assist with California Environmental Quality Act (CEQA) clearance. We have prepared Minimum Negative Declarations for recycled water systems. VAS 3 — Preliminary Design The TRHA Team has the capability to develop and perform a preliminary design on the recycled water facilities and customer conversions. VAS 4 — Division of Drinking Water Engineering Reports The TRHA Team has the capability to develop the Engineering Reports that will be required for each industrial/commercial site. In additional the TRHA Team has successfully developed Master Engineering reports for multiple agencies including but limited to Cities of Fontana, Ontario and San Juan Capistrano, which secure Firm Team, Understanding of Need and Approach, and Scope of Work 25A-27 Page 14 City of Santa Ana Recycled Water Master Plan approval from the Division of Drinking Water for Irrigation and agriculture sites without the need for individual reports. VAS 5 — Pre -conversion and Post Conversion Cross Connection Testing The TRHA Team has AWWA and USC certified Cross Connection Control Program Specialists who can perform the pre - conversion and post conversion cross connection testing needed to approve a site for recycled water use. VAS 6 — Recycled Water Users Manuals and Onsite Supervisor Training The TRHA Team has the capability to develop recycled water user's manuals for the maintenance personnel at each site. In addition, the TRHA Team can provide Onsite Supervisors Training courses for site personnel. VAS 7-- Recycled Water Grant Funding Assistance Because the TRHA Team has pursued and helped secure 'grant funding for several clients and agencies in the past, we can support the efforts of the City's consultant ESS. We have worked with Mir Fattahi, of ESS on several past projects and have an excellent working and personal relationship on with Mr. Fattahi. VAS 8 - Reviewing the City's Recycled Water Rules and Regulations The TRHA Team has developed and administered the recycled water regulations for several past clients and as senior members of public agencies. We can provide a comprehensive review of the City's recycled water rules and regulations and provide recommendations for revisions and upgrades. Firm Team, Understanding of Need and Approach, and Scope of Work Page 95 25A-28 25A-29 25A-30 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: APPROVE AN AGREEMENT WITH MDG ASSOCIATES, INC. FOR FINANCIAL MONITORING SERVICES (STRATEGIC PLAN NO. 4,1) r CITY I ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 181 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 MDG Associates, Inc to provide financial monitoring services beginning February 21, 2018 and expiring June 30, 2018, with provisions for two, one-year extensions exercisable by the City Manager and City Attorney, in an annual amount not to exceed $30,000 annually, for a total amount not to exceed $90,000 over a three-year period, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The City of Santa Ana is an entitlement grantee and receives an annual allocation of program funds from the U.S. Department of Housing and Urban Development (HUD) and the Department of Labor. All allocations have specific funding requirements and compliance with all of the federal regulations and requirements is essential for the continued success of each program. On December 26, 2013, the U.S. Office of Management and Budget (OMB) issued Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. These Uniform Grant Guidelines took effect in December, 2014 for new awards. The new guidance affected entities receiving and administering federal awards as well as auditors responsible for auditing federal awards programs. Due to increased scrutiny on OMB compliance requirements, the City would like to contract with an organization whose expertise in financial monitoring will ensure that mandatory subrecipient monitoring requirements are met. As federal grant management and administration continues to evolve toward stronger program outcomes and mandates strict internal controls, the City makes every effort to meet each requirement. For this reason, staff solicited proposals from consultants with expertise in financial 2513-1 - Agreement with MDG Associates, Inc. February 20, 2018 Page 2 monitoring to assist' with the monitoring of Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), Housing Opportunities for Persons With Aids (HOPWA), and Workforce Innovation and Opportunity Act (WIOA) sub -recipients for the current fiscal year. For the CDBG program, the consultant may also be asked to provide capital improvement project monitoring. The City received a total of three proposals. The proposals were reviewed by a committee of staff. MDG Associates, Inc. was selected by the committee to best meet the needs of the City at the most reasonable hourly rates. 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). FISCAL IMPACT Funds are available in the Community Development Agency's grant programs for FY 2017-18, and will be budgeted in future fiscal years as follows: nt No. FY 2017-18 FY 2018-19 FY 201 Total Amount CDBG 13518780-62300 $18,660 $18,660 $20,280 $57,600 ESG 13518785-62300 $ 4,860 $ 4,860 $ 4,860 $14,580 HOPWA 40518761-62300 $ 1,620 $ 1,620 $ 0 $ 3,240 WIOA 12318748-62300 $ 4,860 $ 4,860 $ 4,860 $14,580 Robert Zur Schm de Interim Executive Director Community Development Agency Exhibit: 1. Agreement 30,000 $30,000 APPROVED AS TO FUNDS AND ACCOUNTS: i A.j 4 ' - Francisco Gutierrez Executive Director Finance and Management Services Agency 25B-2 EXHIBIT 1 CONSULTANT AGREEMENT INCORPORATING COMMUNITY DEVELOPMENT BLOCK GRANT REQUIREMENTS THIS AGREEMENT, made and entered into this day of , 2018, by and between MDG Associates; Inc,, a California corporation ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of grant monitoring services and technical consulting services for federal grant programs. Accordingly, the City issued a Request for Proposals for HUD Financial Monitoring Services attached hereto as Exhibit A and incorporated herein. B. The City, as an entitlement recipient and grantee of the United States Department of Housing and Urban Development ("HUD") Community Development Block Grant ("CDBG") Program, desires to enter this Agreement with the Consultant for the expenditure of CDBG funds in accordance with Title 24, Part 570 of Code of Federal Regulations 24 CFR 570.000, et seg. ("CDBG Regs"). C. Consultant represents that Consultant is not listed as debarred, is able and willing to provide such services to the City, and will comply with the CDBG Regs. D. 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: I.. SCOPE OF SERVICES Pursuant to this Agreement, MDG Associates, Inc. will provide select monitoring and technical support services for the City of Santa Ana's Community Development Block Grant, Emergency Solutions Grant, Workforce Innovation and Opportunity Act, and HOPWA Programs as set forth in Exhibit B attached hereto and incorporated herein. 2. COMPENSATION a. The total surn to be expended under this Agreement shall not exceed Thirty Thousand Dollars ($30,000) per fiscal year during the Term of this Agreement, for a potential total of Ninety Thousand Dollars ($90,000) over the possible three fiscal year Term. 25B-3 EXHIBIT 1 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 3300 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 clairn. 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 in form by the City Attorney. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City, £ 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, 6. INDEMNIFICATION Consultant agrees to 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 health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant 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 25B-4 EXHIBIT 1 subcontractors, bookkeepers and accountants, employees and participants in regard to said program. City and the United States Government and/or their representatives shall also schedule on-site monitoring at their discretion. Monitoring activities may also include, but are not limited to, questioning employees and participants in said program and entering any premises or any site in which any of the services or activities funded hereunder are conducted or in which any of the records of Consultant are kept. Nothing herein shall be construed to require access to any privileged or confidential information as set forth in federal or state law. I. Location of Records/Required Length of Record Keeping. All accounting records, reports, and evidence pertaining to all costs, expenses and the funds received by Consultant and all documents related to this Agreement shall be maintained and kept available at Consultant's office or place of business for the duration of the Agreement and thereafter for five (5) years after completion of an audit in conformity with the CDBG Regs. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which City or any other governmental agency takes exception, shall be retained beyond the four (4) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event Consultant does not make the above -referenced documents available within the City of Santa Ana, California, Consultant agrees to pay all necessary and reasonable expenses incurred by City in conducting any audit at the location where said records and books of account are maintained. J. Confidentiality. Without prejudice to any other provisions of this Agreement, Consultant shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and state law. However, Consultant shall submit to City and or HUD or its representatives, all records requested, including audit, examinations, monitoring and verifications of reports submitted by Consultant, costs incurred and services rendered hereunder. K. Lobbying. Consultant certifies that it will comply with federal law (31 U.S.C. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated fiords may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the malting of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement. If any Rinds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions. L. Financial Interest. Consultant agrees that except for the use of fiords to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to activities assisted under the terms of this Agreement, or who are in a 25B-5 EXHIBIT 1 Notice shall be sent by Consultant to City regarding any changes or modifications to its board of directors and list of officers. P. Prohibition of Nepotism. Consultant agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by Consultant. For the purposes of this section, the tern "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The tern "administrative capacity" means having selection, hiring, supervisor or management responsibilities. 8. ASSIGNABILITY None of the duties of, or work to be performed by, Consultant under this Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of City. Consultant must submit all subcontracts and other agreements that relate to this Agreement to City. No subcontract or assignment shall terminate or alter the legal obligations of Consultant pursuant to this Agreement. 9. TERMINATION A. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, Consultant shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination. B. This Agreement may be suspended or terminated by City upon five (5) days' written notice for violation by Consultant of Federal Laws governing the use of Community Development Block Grant Funds. hr the event of such suspension or termination, Consultant shall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination. C. Pursuant to 24 CFR 85.43, in the event Consultant defaults by failing to fulfill all or any of its obligations hereunder, City may declare a default and termination of this Agreement by written notice to Consultant, which default and termination shall be effective on a date stated, in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, City shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of (1) any payments made for services not subsequently performed in a timely and satisfactory mariner, and (2) costs incurred by City in obtaining substitute performance. D. The grant of funds under this Agreement may be terminated for convenience in accordance with 24 CPR 85.44. r EXHIBIT 1 To Consultant: MDC+ Associates, Inc, 10722 Arrow Route, Suite 822 Rancho Cucamonga, California 91730 Phone: (909) 476.9696 Facsimile: (909) 476-6086 13. 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 Agency fidly, including reasonable costs and attorney's fees, for any injuries or damages to Agency 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. c. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained. 25B-7 EXHIBIT 1 EXIMIT A REQUEST FOR PROPOSALS ii EXHIBIT 1 EXHIBIT B PROPOSAL 12 25B-9 EXHIBIT 1 If you have any questions regarding this matter, please do not hesitate to call me at your convenience, Respectfully 5u mlti udy E. u z President Enclosure. Proposal 10722 Aam Route a Sulte 822 a Rancho Cucamonga w Callforola 91790 (909) 476-9696 a MX(909)476-6086 25B-10 BUDGET PROPOSAL MDG proposes to provide monitoring and technical support services for the City of Santa Ana's CDBG, ESG, HOPWA and Workforce Innovatlon and Opportunity Act Programs on a time and material basis based on the Rate Schedule provided under Sectlon VI, The estimated hours to complete the following services are as follows; • Financial monitoring of up to five (5) Community Development Block Grant sub.recipients providing fair housing and/or public services, Estimated hours for completion: 90 Hours (18 Hrs, per Subreclpient) 18 hrs, x $90 © $1,620 per subrecipient; $1,620 x 5 Subrecipients =Total $8,loo • Program monitoring for up to five (5) Community Development Block Grant sub -recipients providing fair housing and/or public services. Estimated hours for completion: 40 Hours (8 Hrs, per Subrecipient) Estimated hours for completion: 40 Hours (8 Hrs, per Subreclpient) 8 hrs. x $90 . $720 per subrecipient; $ 720 x 5 Subrecipients = Total $3,600* (*hours budgeted are based on conducting the financial and programmatic monitoring concurrently and of the same agencies) • Financial monitoring of up to three (3) Emergency Solutions Grant sub -recipients providing street outreach, shelter, homeless prevention and/or rapid rehousing, Estimated hours for completion; 60 Hours (18 Hrs. per Subrecipient) 'I8 hrs, x $90 = $1,620 per subreciplent; $1,620 x 3 5ubrecipients m Total $4,860 • Financial monitoring of upfto three (3) Workforce Innovation and Opportunity Act Sub - recipients providing youth services, Estimated hours for completion: 60 Hours (20 Hrs, per Subrecipient) 18 hrs, x $90 = $1,620 per subrocipient; $1,620 x 3 Subreciplents -Total $4,860 • Project monitoring of one (1) Community Development Block Grant capital improvement project and technical support to enhance project documents and reporting documents for compliance with all applicable regulations. Estimated hours for completion: 20 Hours (20 Hrs. per project) 18 hrs, x $90 = $1,620 per project; $1,620 x 1 project = Total $1,620 • Financial monitoring of one (1) HOPWA project. Estimated hours for completion: 20 Hours (20 Hrs. per project) 18 hrs. x $90 = $1,620 per project; $1,620 x 1 project = Total $1,620 NOTE: Depending on the condition of the Subreclpient Agency files, it is possible that the monitoring of these programs can take substantially less time than the amount indicated, 10111 25B-11 25B-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: APPROVE A COOPERATIVE AGREEMENT WITH THE CITY OF COSTA MESA FOR IMPLEMENTATION OF GRANT -FUNDED TRAFFIC SIGNAL SYNCHRONIZATION FOR THE FAIRVIEW STREET CORRIDOR (PROJECT NO. 17-6889) (STRATEGIC PLAN NO. 6, 1B) %fir l" 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 Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the City of Costa Mesa identifying each city's roles and responsibilities, including the City of Santa Ana match requirement of $217,612, to implement the Fairview Street Corridor Traffic Signal Synchronization Project, for the term beginning upon approval of both the Santa Ana and Costa Mesa City Councils and effective until December 31, 2022, with an option for a one-year extension period, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On November 17, 2015, the City Council authorized staff to submit to the Orange County Transportation Authority (OCTA) joint applications with participating agencies to request funding consideration of the renewed Measure M2 Regional Traffic Signal Synchronization Program. The cooperative agreement for the Fairview Street project would provide for inter -jurisdictional traffic signal synchronization and improvements along the corridor traversing Santa Ana, Costa Mesa, and Caltrans jurisdictions. In April 2016, the OCTA Board approved the renewed Measure M2 Regional Traffic Signal Synchronization Program funding request for the Fairview Street project. While Costa Mesa will act as lead agency for the project, a cooperative agreement is needed to identify the roles and responsibilities of Costa Mesa and Santa Ana, and provide for Costa Mesa oversight to maintain inter -jurisdictional synchronization on the project during the three-year grant period (Exhibit 1). Council approval of the cooperative agreement is required from both cities, and the Costa Mesa City Council is scheduled to review this item on March 20, 2018. Upon completion of the grant period, responsibility for ongoing signal maintenance will revert to the respective local agencies. 25C-1 Cooperative Agreement for Fairview Street Traffic Signal Synchronization Project February 20, 2018 Page 2 The Measure M2 grant provides $1,695,150 for the project and the $423,788 in matching funds. The City of Santa Ana's share of the which $209,806 is a cash match and $7,806 is in-kind staff support. STRATEGIC PLAN ALIGNMENT participating cities will provide matching funds is $217,612, of 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for City's $217,612 share of the local match are budgeted and available in the Measure M2 Street Construction Fund (Account No. 03217662-66220, Project No. 17-6889) for expenditure in FY 2017-18 and FY 2018-19. The estimated spending plan is as follows: re Mousavipour Executive Director Public Works Agency FM/EWG/CR Year Amount FY 2017-18 (February — June 2018) $167,845 FY 2018-19 (July 2018 —June 2019) $49,767 Exhibit: 1. Cooperative Agreement 2. Project Location Map ,612 APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez AY Executive Director Finance & Management Services Agency 25C-2 COOPERATIVE AGREEMENT BETWEEN-- THE ETWEEN—THE CITY OF COSTA MESA AND THE CITY OF SANTA ANA FOR THE FAIRVIEW TRAFFIC SIGNAL SYNCHRONIZATION PROJECT This Cooperative Agreement ("Agreement") is made and entered into this day of , 2018 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("COSTA MESA"), 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 ("SANTA ANA"). COSTA MESA and SANTA ANA are collectively referred to herein as "CITIES". RECITALS: A. COSTA MESA applied for a grant from the Orange County Transportation Authority (OCTA) as part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program ("RTSSP") (Project P), aimed to coordinate traffic signals across multiple jurisdictions to enhance countywide traffic flow and reduce congestion, B. The Fairview Traffic Signal Synchronization Project (the "PROJECT") was selected by OCTA as one of the RTSSP projects to be funded in Fiscal Year 2017-2018, based on an application submitted by COSTA MESA on behalf of CITIES. C. OCTA and COSTA MESA entered into a Master Funding Agreement (Cooperative Agreement No C-1-2757) defining the terms and conditions for approved Measure M2 projects. D. CITIES desire to initiate and Implement the PROJECT, with COSTA MESA as the lead agency. E. CITIES desire to enter into this Agreement to demonstrate their commitment to improving traffic signal synchronization opportunities for Orange County and to develop and Implement the PROJECT, F. CITIES desire to set the specific terms, conditions and funding responsibilities between the CITIES for the implementation of the PROJECT. NOW, THEREFORE, it is mutually understood and agreed by the CITIES as follows: TERM This Agreement shall commence on the Effective Date and continue in full force and effect until December 31, .2022. This Agreement may be extended for one 1 Exhibit 1 25C-3 (1) additional one (1) year period upon the mutual consent of both parties. 2. SCOPE OF PROJECT a. The PROJECT will include improvement at thirty-four (34) traffic signals along Fairview Road as listed in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference. b. The PROJECT will include hardware and software upgrades to traffic controllers, traffic telecommunications, master controllers and associated systems (hereinafter collectively referred to as "Traffic Control Elements"), and these Traffic Control Elements will be constructed and/or installed and implemented as part of the PROJECT as identified in the Scope of Work and the Cost Estimate, attached hereto as Exhibit B and incorporated herein by this reference. 3. SHARED RESPONSIBILITIES a. CITIES agree to coordinate the inclusion of other Traffic Control Elements and in-kind services to be integrated during the construction of the PROJECT that are not included in the project application and that the owning city will have the responsibility for verifying and coordinating during the course of the PROJECT. b. CITIES agree to implement the PROJECT based on Exhibits A and B, including a combined cash and in-kind match of Four Hundred Twenty -Three Thousand Seven Hundred Eighty -Eight Dollars ($423;788.00), equivalent to twenty percent (20%) of the PROJECT cost split with the following cost contribution of cash and in-kind services: SANTA ANA, Two Hundred Seventeen Thousand Six Hundred Twelve Dollars ($2TT,612,00) and COSTA MESA, Two Hundred Six Thousand One Hundred Seventy -Six Dollars ($206,176.00). The final amount may vary and will be based on the 20% of actual cost of Implementing all timing, improvements, and maintenance, as identified in the project application, c. Upon issuance of a Notice to Proceed to the consultant that is mutually selected through a Request for Proposal, COSTA MESA may issue invoices to SANTA ANA for up to eight percent (80%) of the cash match amount identified in Exhibit A. The remaining cash match amount will be invoiced after the completion of the Primary Implementation Phase of the PROJECT. d. CITIES agree that unused PROJECT funds from one city can be used by the other city (with matching fund responsibility) upon mutual written agreement of CITIES. e. Each city agrees to: 2 25C-4 Designate a technical lead person to act as the liaison for the PROJECT. The liaison and any other required personnel shall attend and participate In all PROJECT -related meetings and participate on the OCTA Traffic Forum. Participate, cooperate and coordinate with contractors, consultants, vendors and staff in good faith using reasonable efforts to resolve any unforeseen issues and disputes arising out of the PROJECT to the extent practicable with respect to the performance of the PROJECT. iii. Identify and verify the upgrades to Traffic Control Elements to be constructed and Installed as part of the PROJECT and as identified in the project application for each city. iv, Coordinate the inclusion of other Traffic Control Elements and in-kind services, where necessary, that the city requires for the implementation of the PROJECT but are not included in the project application. Each city shall be responsible for the inclusion of such elements within reason. v. Maintain PROJECT -related signals and telecommunications equipment with high priority during the PROJECT and be responsible for repair of the signal control systems in its jurisdiction. vi. Provide on-site support for signal control systems, timing plans, detection systems and related equipment during construction, installation and integration,and be available to change or make adjustments to timing plans at a central or field location when necessitated by the PROJECT. vii. Document in-kind match or dollar match funding as identified in the project application and provide verification of such expenditures as part of any required review or audit process, which may include payroll records, contracts and purchase orders. viii. Monitor and operate the traffic signals and improvements for a period of two (2) years following the completion of the Primary implementation Phase of the PROJECT and provide verification of such activities as required by Measure M2 program funding. 4. RESPONSIBILITIES OF SANTA ANA SANTA ANA agrees to the following responsibilities for implementation and funding of the PROJECT: a. To authorize COSTA MESA to be the Administering Agency for the PROJECT. 25C-5 b. To authorize OCTA to distribute its grant allocation of One Million Six Hundred Ninety -Five Thousand One Hundred Fifty Dollars ($9,695,150,00) to COSTA MESA in order to pool the CITIES' grant funds in order to complete a more thorough project on Fairview between SR -55 and SR -22 Freeways than could be accomplished by each city individually. SANTA ANA will contribute up to Two Hundred Nine Thousand Eight Hundred Six Dollars ($209,806.00) in cash and Seven Thousand Eight Hundred Six Dollars ($7,806.00) in cash and/or in-kind services, for a total match share of Two Hundred Seventeen Thousand Six Hundred Twelve Dollars ($217,612.00). c. To help develop the PROJECT scope, provide input into the consultant selection, attend team meetings, and review all consultant and administrative reports pertaining to the SANTA ANA scope of work. To provide required updates as requested by OCTA as part of the semi- annual review process until the completion of the three-year grant period. Documents to be provided include but are not limited to payroll records, contracts, and purchase orders related to the PROJECT. 5, COSTA MESA AGENCY RESPONSIBILITIES COSTA MESA agrees to the following responsibilities for implementation and funding of the PROJECT: a. To manage the PROJECT for the CITIES. COSTA MESA shall act as the Administering Agency for the work for both COSTA MESA and SANTA ANA. Within ten (10) days after this Agreement has been executed, COSTA MESA will mail a copy of this Agreement to OCTA, pursuant to the terms and conditions set forth herein. b. To contribute a minimum of One Hundred Sixty -Nine Thousand Seven Hundred Eighty -Nine Dollars ($169,789.00) in cash and Thirty -Six Thousand Three Hundred Eighty -Seven Dollars ($36,387.00) in cash and/or in-kind services, for a total match share of Two Hundred Six Thousand One Hundred Seventy -Six Dollars ($206,176.00). c. To work cooperatively with SANTA ANA and ensure that SANTA ANA has the opportunity to provide meaningful input into all phases of the PROJECT, and that SANTA ANA staff has adequate time to review all draft reports, contracts, the proposed scope of work, and any other pertinent information. COSTA MESA shall convene regular meetings of staff representatives from CITIES to provide a regular process of input from CITIES to the consultant team. d. To enter into an agreement with a qualified consultant team to assist in the completion and monitoring of the Fairview Corridor. COSTA MESA shall 0 25C-6 obtain concurrence of SANTA ANA prior to selection of the consultant team. e. To coordinate the work effort of the PROJECT, provide the day-to-day management of the consultant, and manage all consultant administration and contracting, COSTA MESA shall review the consultant's invoices and pay them accordingly after ensuring that the work has been satisfactorily performed by the consultant. To comply with all of the terms and with OCTA, including the project contained therein. 6. INDEMNIFICATION conditions of Its Cooperative Agreement reporting and auditing requirements a. SANTA ANA agrees to defend, indemnify, and hold free and harmless COSTA MESA, its elected officials, officers, agents, employees, and volunteers, at SANTA ANA's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against COSTA MESA, Its elected officials, officers, agents, employees, and/or volunteers arising out of or relating to the acts or omissions or willful misconduct of SANTA ANA, its elected officials, officers, agents, employees, and volunteers in connection with this Agreement. b. COSTA MESA agrees to defend, indemnify, and hold free and harmless SANTA ANA, its elected officials, officers, agents, employees, and volunteers, at COSTA MESA's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against SANTA ANA, its elected officials, officers, agents, employees, and/or volunteers arising out of or relating to the acts or omissions or willful misconduct of COSTA MESA, its elected officials, officers, agents, employees, and volunteers in connection with this Agreement. INSURANCE a. SANTA ANA and COSTA MESA shall maintain and keep in full force and effect during the term of this Agreement insurance or a program of self- insurance against claims for injuries to persons or damages to property which may arise in connection with SANTA ANA's or COSTA MESA's performance of its obligations hereunder, b. SANTA ANA and COSTA MESA shall require their consultants and contractors performing work in connection with this Agreement to obtain and maintain insurance as described below; General Liability Insurance. Consultants and contractors shall maintain commercial general liability insurance which shall include, but not be 5 25C-7 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 consultants' and contractors' operations related to 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 Santa Ana and Costa Mesa, and their elected officials, officers, employees, agents, volunteers and representatives as additional insured(s); and (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the city. ii. Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than $1,000,000.00, combined single limits, per occurrence for bodily injury and property damage. Iii. Workers' Compensation Insurance. In accordance with California law, consultants and contractors, if they have any employees, are required to be insured against liability for workers' compensation or to undertake self- insurance. Prior to commencing the performance of any work related to this Agreement, consultants and contractors shall be required to obtain and maintain any required employer's liability insurance with limits not less than $1,000,000 per accident. iv. Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 aggregate. c. CITIES shall require that consultants and contractors: State on their insurance policies and certificates that the policies shall not be canceled or reduced in coverage or changed in any material aspect without thirty (30) days written notice to the city. ii. Maintain the insurance coverages set forth in this section. Ill. Furnish certificates of insurance to the city evidencing the required coverages and endorsements set forth herein. d. If a consultant or contractor maintains broader coverage and/or higher limits than the minimums described above, the CITIES shall require and shall be entitled to the broader coverage and/or higher limits maintained by the consultant or contractor. 0 25C-8 8. GENERAL PROVISIONS a. Complete Agreement. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the agreement between COSTA MESA and SANTA ANA and it supersedes all prior representations, understandings and communications between the parties. b. Representatives. COSTA MESA designates its City Manager or his or her designee to be the representative of COSTA MESA for purposes of this Agreement. The City Manager may issue all consents, approvals, directives, and agreements on behalf of COSTA MESA called for by this Agreement, except as otherwise expressly provided in this Agreement. SANTA ANA designates its City Manager or his or her designee to be the representative of SANTA ANA for purposes of this Agreement. The City Manager may issue all consents, approvals, directives, and agreements on behalf of SANTA ANA called for by this Agreement, except as otherwise expressly provided in this Agreement. c. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. d. Severability, if any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. e. Compliance with All Laws. COSTA MESA and SANTA ANA shall comply with all applicable federal, state and local laws, statutes, ordinances and regulations of any governmental agency having jurisdiction over the PROJECT. f. Force Majeure. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts include, but are not limited to, any incidence of fire, flood, 25C-9 acts of God, commandeering of material, products, plants or facilities by the federal, state or local government, national fuel shortage, and any other conditions beyond the reasonable control of a party. Assignment. Neither this Agreement, nor any of the parties' rights, obligations, or duties hereunder may be assigned in whole or in part by either party without the prior written consent of the other party in its sole and absolute discretion. Any attempted assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. h. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California and applicable local and federal laws, regulations and guidelines. In the event of any legal action to enforce or Interpret this Agreement, the parties agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Attorneys' Fees. If litigation is brought by either party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of its rights and remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. j. Notices. Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows: If to COSTA MESA: City Clerk City of Costa Mesa 77 Fair Drive Costa Mesa, CA 92626 If to SANTA ANA: Clerk of the Council City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 k. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, this Agreement shall govern over the document referenced. I, Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to 25C-10 modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. m. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement, n. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement, o. Counterparts of Agreement. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute one agreement. p. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, CITIES have caused this Agreement to be executed SANTA ANA has caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SANTA ANA, a charter city and municipal corporation of the State of California 0 Raul Godinez II City Manager ATTEST: Maria D. Huizar Clerk of the Council CITY OF COSTA MESA a municipal corporation of the State of California By: Thomas Hatch City Manager ATTEST: Brenda Green City Clerk 25C-11 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney n M. Funk -� Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Public Works Director APPROVED AS TO FORM: Thomas Duarte City Attorney Raja Sethuraman Public Services Director 25C-12 EXHIBIT A SCOPE OF WORK 25C-13 EXHIBIT A Scope of Work Fairview Road Signal Synchronization INTRODUCTION The City of Costa Mesa ("CITY") will lead the Fairview Road PROJECT to optimize signal synchronization timing along the Fairview Road Corridor between Garden Grove Boulevard and Newport Boulevard South. This project will also include the intersections of Fair Drive at Loyola Road and Fair Drive at Vanguard Way. Below is the list of intersections: 1. Fairview Road @ Garden Grove Boulevard (Caltrans) 2. Fairview Road @ SR -22 EB Off Ramp (Caltrans) 3. Fairview Road @ Trask Avenue (SA) 4. Fairview Road @ Edna Drive (SA) 5. Fairview Road @ Westminster Avenue (SA) 6. Fairview Road @ Civic Center Drive (SA) 7. Fairview Road @ 5" Street (SA) 3. Fairview Road @ 1"Street (SA) 9. Fairview Road @ Willits Street (SA) 10. Fairview Road @ McFadden Avenue (SA) 11. Fairview Road @ Edinger Avenue (SA) 12. Fairview Road @ St Andrew Place (SA) 13. Fairview Road @ Harvard Street (SA) 14. Fairview Road @ Warner Avenue (SA) 15. Fairview Road @ Segerstrom Avenue (SA) 16. Fairview Road @ Alton Avenue (SA) 17. Fairview Road @ MacArthur Boulevard (SA) 18. Fairview Road @ Sunflower Avenue (CM)' 19. Fairview Road @ South Coast.Drive (CM) 20. Fairview Road @ 1-405 NB On Ramp (Caltrans) 21. Fairview Road @ 1-405 SB On Ramp (Caltrans) 22. Fairview Road @ McCormack Lane (CM) 23. Fairview Road @ Paularino Avenue (CM) 24. Fairview Road @ Baker Street (CM) 25. Fairview Road @ Adams Avenue (CM) 26. Fairview Road @ Monitor Way (CM) 27. Fairview Road @ Mustang Way (CM) 28. Fairview Road @ Arlington Drive (CM) 29. Fairview Road @ Merrimac Way (CM) 30. Fairview Road @ Fair Drive (CM) 31. Fairview Road @ Wilson Street (CM) 32. Fairview Road @ Newport Boulevard South (CM) 33. Fair Drive @ Loyola Road (CM) 34. Fair Drive @ Vanguard Way (CM) SA - City of Santa Ana ' CM - City of Costa Mesa Page 1 of 3 25C-14 PRIMARY IMPLEMENTATION The following is an outline of the scope of services for Fairview Road PROJECT Primary Implementation. 1) Prolect Adminlstratior� CITY shall provide general project administration, environmental processing, and quality control. The City of Santa Ana ("Santa Ana") shall provide support project management services for the project Intersections located within their jurisdiction and assist in maintaining the Fairview Road PROJECT schedule. a) ©ata Collection The CITY will assemble with the assistance of Santa Ana the necessary data to understand the existing traffic conditions for the Fairview Road PROJECT and its respective traffic signal operations. This shall Include, at minimum, the following: • All data, documents, plans, photos, etc. related to each Fairview Road PROJECT intersection within the past two years; • Local agency timing preferences or policies for all modes of travel and special Intersection treatments; and • Manual and Machine Traffic counts for highway links and intersections for weekday and weekend time periods for all modes of travel. Special 72 -hour video counts will be conducted along the corridor with established special modal use. b) Field Reviews CITY shall conduct Fairview Road PROJECT field reviews to verify collected data including geometric layout, inventory of existing traffic signal control and communications, and any and all factors that impact or affect signal progressions. 2) Signal Synchronization Timing CITY shall develop a signal synchronization model using Synchro and Sim Traffic 8.0 and Tru — Traffic 9.0 to verify the operation of existing timing and then produce and evaluate potential timing changes that would improve or refine the corridor traffic flows through improved optimized signal operations. Santa Ana shall be involved in the review and validation of the recommended signal timing. The OCTA Corridor Synchronization Performance Index (CSPI) combines Average Speed, Stops per Mile, and Greens per Red (number of Intersections successfully traversed on a Green Light vs. Stopped by a Red Light) into a composite index. The CSPI shall be the defined metric in this evaluation. The CITY shall utilize the approved Optimized Signal Timing and implement the timing into the central and field controller systems and provide Fine Tuning services. The After Study Travel Time Runs shall be performed and the Before to After comparison CSPI shall then be determined. 3) Before and After Studies and Reports CITY shall conduct real-time floating car "runs" In each direction during the planned (Before) and implemented (After) time periods of Fairview Road PROJECT traffic signal synchronization. Summary reports shall be prepared by CITY in coordination with Santa Ana to identify improvements in metrics from the Before to After conditions. The Before and After Study shall constitute the Fairview Road PROJECT Final Report. Additionally, this report shall document improvements accomplished and recommend procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal system. Page 2 of 3 25C-15 4). Engineering Design, Review, and Procurement/Construction — Support Infrastructure Santa Ana shall provide sufficient staffing to provide Engineering Design Review of design documentation. If design documentation is provided by the PARTICIPATING AGENCY for Fairview Road PROJECT, the Engineering Design Review requirement shall be satisfied. Purchase and construction/installation of the requested traffic signal infrastructure and upgrades, software, licenses, or other components as approved in the application shall be by the CITY in the name of and for the end user Santa Ana, The CITY shall work with the Santa Ana to coordinate design, identification of applicable standards/specifications, purchasing and/or installation of the required signal Improvements. Design and other technical support to implement the upgrades shall be subject to the designated cost estimate. The budget for these improvements is fixed to the approved budget and will be subject to revised scope or additional contributions. The highest priority improvements shall be those that are required to optimize signal timing. Santa Ana shall waive all fees for permits and inspections and shall provide sufficient professional staffing to provide construction support and inspection services to Fairview Road PROJECT. PROJECT TRAFFIC SIGNAL SYNCHRONIZATION -- ON GOING MAINTENANCE AND MONITORING For a period of two (2) years (24 months), from the date of Fairview Road PROJECT acceptance, CITY shall provide for On Going Maintenance and Monitoring of Fairview Road PROJECT. This shall include the observation of corridor and system intersection operations to maintain Fairview Road PROJECT integrity. CITY will make observations and provide recommended changes to Santa Ana for approval and implementation. CITY shall also provide resources for maintenance and repair of any Fairview Road PROJECT installed infrastructure for the same time period. Santa Ana shall provide sufficient staffing for assistance In administration of this task. PROJECT MATCH Upon Issuance of a Notice to Proceed to the Consultant, CITY can Issue an invoice to Santa Ana for up to 80% of the cash match as identified below. AGENCY CASH CASH OR IN-KIND TOTAL City of Costa Mesa $169,789 $36,387 $206,176 City of Santa Ana $209,806 $7,806 $217,612 TOTAL $379,595 $44,193 $423,788 Page 3 of 3 25C-16 17:11 -illi-, COST ESTIMATE 25C-17 EXHIBIT B Cost Estimates Fairview Road Signal Synchronization Number of Signals: 34 signals Synchronization, Assessments, Modeling, Before and After Studies, Reports and Document Costs: 34 signals $ 238,000 Signal Improvement Costs: 15 si nals Costa Mesa $ 765,627 Signal Improvement Costs: 15 signals Santa Ana $ 859,500 Signal Improvement Costs: 4 signals Caltrans $ 0 Preparation of Plans Specifications and Estimates: 34 signals $ 174,213 Monitoring & Improving Optimized Timing $40,800 per year for 2 years $ 81,600 TOTAL, $ 2,118,940 20% Match: $423,788 20% of $2,116,938) Type of Matching Funds for Costa Mesa: $169,789 Dollar and $36,387 In Kind or Dollar Type of Matching Funds for Santa Ana: $209,806 Dollar and $7,806 In Kind or Dollar Page 1 of 1 25C-18 Fairview Street Corridor Traffic Signal Synchronization Improvements 22 Westminster 5th St 1 f v 1 17th St -1 1 1 1 L Ci is Center Dr i 0 , U. 1 �(n1 Warner A) 1 '`- Fn 1 �i Seg rstrom A� 0 1 1 L`o 1 1 Alton Ave _ 1 ; on Ma;A w N 55 Edi7rlger Are SANTA ANA ommCity Council P�■ WA ,�■ Agenda Date PUBLICWOFebruary 20, 2018 Project No. 17-6889: Fairview Street Traffic Signal Synchronization NORTH �N ORAh� 25C-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: APPROVE A COOPERATIVE AGREEMENT WITH THE CITY OF COSTA MESA FOR IMPLEMENTATION OF GRANT -FUNDED TRAFFIC SIGNAL SYNCHRONIZATION FOR THE BEAR STREET CORRIDOR (PROJECT NO. 18-6913) (STRATEGIC PLAN NO. 6, 1B) ftY MANAGER I 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 Authorize the City Manager and Clerk of the Council to execute a cooperative agreement with the City of Costa Mesa identifying each city's roles and responsibilities, including the City of Santa Ana match requirement of $37,560, to implement the Bear Street Corridor Traffic Signal Synchronization Project, for the term beginning upon approval of both the Santa Ana and Costa Mesa City Councils and in effect until December 31, 2022, with an option for a one-year extension period, subject to nonsubstantive changes approved by the City Manager and City Attorney. DISCUSSION On December 6, 2016, the City Council authorized staff to submit to the Orange County Transportation Authority (OCTA) joint applications with participating agencies to request funding consideration of the renewed Measure M2 Regional Traffic Signal Synchronization Program. The cooperative agreement for the Bear Street project would provide for inter -jurisdictional traffic signal synchronization and improvements along the corridor traversing Santa Ana, Costa Mesa, and Caltrans jurisdictions. In April 2017, the OCTA Board approved the renewed Measure M2 Regional Traffic Signal Synchronization Program funding request for the Bear Street project. While Costa Mesa will act as lead agency for the project, a cooperative agreement is needed to identify the roles and responsibilities of Costa Mesa and Santa Ana, and provide for Costa Mesa oversight to maintain inter -jurisdictional synchronization on the project during the three-year grant period (Exhibit 1). Council approval of the cooperative agreement is required from both cities, and the Costa Mesa City Council is scheduled to review this item on March 20, 2018. Upon completion of the grant period, responsibility for ongoing signal maintenance will revert to the respective local agencies. 2513-1 Cooperative Agreement for Bear Street Traffic Signal Synchronization Project February 20, 2018 Page 2 The Measure M2 grant provides $494,752 for the project and the participating cities will provide $123,688 in matching funds. The City of Santa Ana's share is a cash match of $37,560. 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Funds for City's $37,560 share of the local match are budgeted available in the Measure M2 Street Construction Fund (Account No. 03217662-66220, Project No. 18-6913) for expenditure in FY 2017-18 and FY 2018-19. The estimated spending plan is as follows: Fiscal Year Amount FY 2017-18 (February — June 2018) $30,048 FY 2018-19 (July 2018 — June 2019) $7,512 TOTAL: $37,560 rredlMousavipour Exedutive Director Public Works Agency FM/EWG/CR Exhibit: 1. Cooperative Agreement 2. Project Location Map APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez „P Executive Director Finance & Management Services Agency 25D-2 COOPERATIVE AGREEMENT BETWEEN THE CITY OF COSTA MESA AND THE CITY OF SANTA ANA FOR THE. BEAR STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT This Cooperative Agreement ("Agreement') is made and entered into this day of , 2018 ("Effective Date"), by and between the CITY OF COSTA MESA, a municipal corporation ("COSTA MESA"), 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 ("SANTA ANA"), COSTA MESA and SANTA ANA are collectively referred to herein as "CITIES". RECITALS: A, COSTA MESA applied for a grant from the Orange County Transportation Authority (OCTA) as part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program ("RTSSP") (Project P), aimed to coordinate traffic signals across multiple jurisdictions to enhance countywide traffic flow and reduce congestion. B. The Bear Street Traffic Signal Synchronization Project (the 'PROJECT") was selected by OCTA as one of the RTSSP projects to be funded in Fiscal Year 2017-2018, based on an application-submitted-by-COSTAMESA on behalf of CITIES. C. OCTA and COSTA MESA entered into a Master Funding Agreement (Cooperative Agreement No. C-1-27,57) defining the terms and conditions for approved Measure M2 projects. D. CITIES desire to initiate and implement the PROJECT, with COSTA MESA as the lead agency. E. CITIES desire to enter into this Agreement to demonstrate their commitment to improving traffic signal synchronization opportunities for Orange County and to develop and implement the PROJECT. F. CITIES desire to set the specific terms, conditions and funding responsibilities between the CITIES for the implementation of the PROJECT. NOW, THEREFORE, it is mutually understood and agreed by the CITIES as follows: TERM This Agreement shall commence on the Effective Date and continue in full force and effect until December 31, 2022. This Agreement may be extended for one 25D-3 (1) additional one (1) year period upon the mutual consent of both parties. 2. SCOPE OF PROJECT a. The PROJECT will include Improvement at fourteen (14) traffic signals along Bear Street as listed in the Scope of Work, attached hereto as Exhibit A and incorporated herein by this reference. b. The PROJECT will include hardware and software upgrades to traffic controllers, traffic telecommunications, master controllers and associated systems (hereinafter collectively referred to as "Traffic Control Elements"), and these Traffic Control Elements will be constructed and/or installed and implemented as part of the PROJECT as identified in the Scope of Work and the Cost Estimate, attached hereto as Exhibit B and incorporated herein by this reference. SHARED RESPONSIBILITIES a. CITIES agree to coordinate the inclusion of other Traffic Control Elements and in-kind services to be integrated during the construction of the PROJECT that are not included In the project application and that the owning city will have the responsibility for verifying and coordinating during the course of the PROJECT. b. CITIES agree to implement the PROJECT based on Exhibits A and B, including a combined cash and in-kind match of One Hundred Twenty -Three -Thousand, Six Hundred Eighty -Eight Dollars ($123,688.00), equivalent to twenty percent (20%) of the PROJECT cost split with the following cost contribution of cash and in-kind services: SANTA ANA, Thirty -Seven Thousand, Five Hundred Sixty Dollars ($37,560:00) and COSTA MESA, Eighty -Six Thousand, One Hundred Twenty -Eight Dollars ($86,128.00). The final amount may vary and will be based on the 20% of actual cost of implementing all timing, improvements, and maintenance, as identified in the project application. c. Upon issuance of a Notice to Proceed to the consultant that is mutually selected through a Request for Proposal, COSTA MESA may issue invoices to SANTA ANA for up to eight percent (80%) of the cash match amount identified in Exhibit A. The remaining cash match amount will be invoiced after the completion of the Primary Implementation Phase of the PROJECT. d. CITIES agree that unused PROJECT funds from one city can be used by the other city (with matching fund responsibility) upon mutual written agreement of CITIES. e. Each city agrees to: 2 25D-4 i. Designate a technical lead person to act as the liaison for the PROJECT. The Ilalson and any other required personnel shall attend and participate in all PROJECT -related meetings and participate on the OCTA Traffic Forum. ii. Participate, cooperate and coordinate with contractors, consultants, vendors and staff in good faith using reasonable efforts to resolve any unforeseen issues and disputes arising out of the PROJECT to the extent practicable with respect to the performance of the PROJECT. iii. Identify and verify the upgrades to Traffic Control Elements to be constructed and installed as part of the PROJECT and as identified In the project application for each city. iv. Coordinate the inclusion of other Traffic Control Elements and in-kind services, where necessary, that the city requires for the implementation of the PROJECT but are not included in the project application. Each city shall be responsible for the inclusion of such elements within reason. v. Maintain PROJECT -related signals and telecommunications equipment with high priority during the PROJECT and be responsible for repair of the signal control systems in its jurisdiction. vi, Provide on-site support for signal control systems, timing plans, detection systems and related equipment during construction, installation and integration, and be available to change or make adjustments to timing plans at a central or field location when necessitated by the PROJECT. vii, Document in-kind match or dollar match funding as identified in the project application and provide verification of such expenditures as part of any required review or audit process, which may include payroll records, contracts and purchase orders. viii. Monitor and operate the traffic signals and improvements for a period of two (2) years following the completion of the Primary Implementation Phase of the PROJECT and provide verification of such activities as required by Measure M2 program funding. 4. RESPONSIBILITIES OF SANTA AN SANTA ANA agrees to the following responsibilities for implementation and funding of the PROJECT: a. To authorize COSTA MESA to be the Administering Agency for the PROJECT. 25D-5 To authorize OCTA to distribute its grant allocation of Four Hundred Ninety - Four Thousand Seven Hundred Fifty -Two Dollars ($494,752.00) to COSTA MESA in order to pool the CITIES' grant funds in order to complete a more thorough project on Bear Street between Segerstrom Avenue and Bristol Street than could be accomplished by each city individually. SANTA ANA will contribute up to Thirty -Seven Thousand, Five Hundred Sixty Dollars ($37,560.00) in cash and Zero Dollars ($0.00) in cash and/or in-kind services, for a total match share of Thirty -Seven Thousand, Five Hundred Sixty Dollars ($37,560.00). c. To help develop the PROJECT scope, provide input into the consultant selection, attend team meetings, and review all consultant and administrative reports pertaining to the SANTA ANA scope of work. d. To provide required updates as requested by OCTA as part of the semi- annual review process until the completion of the three-year grant period. Documents to be provided include but are not limited to payroll records, contracts, and purchase orders related to the PROJECT. COSTA MESA AGENCY RESPONSIBILITIES COSTA MESA agrees to the following responsibilities for implementation and funding of the PROJECT: a. To manage the PROJECT for the CITIES. COSTA MESA shall act as the Administering Agency for the work for both COSTA MESA and SANTA ANA. Within ten (10) days after this Agreement has been executed, COSTA MESA will mail a copy of this Agreement to OCTA, pursuant to the terms and conditions set forth herein. b, To contribute a minimum of Seventy -Two Thousand, Nine Hundred Forty -One Dollars ($72,941.00) in cash and Thirteen Thousand, One Hundred Eighty - Seven Dollars ($13,187.00) in cash and/or in-kind services, for a total match share of Eighty -Six Thousand, One Hundred Twenty -Eight Dollars ($86,128.00). c, To work cooperatively with SANTA ANA and ensure that SANTA ANA has the opportunity to provide meaningful input into all phases of the PROJECT, and that SANTA ANA staff has adequate time to review all draft reports, contracts, the proposed scope of work, and any other pertinent information. COSTA MESA shall convene regular meetings of staff representatives from CITIES to provide a regular process of input from CITIES to the consultant team. d. To enter into an agreement with a qualified consultant team to assist in the completion and monitoring of the Bear Street Corridor. COSTA MESA shall 25D-6 til obtain concurrence of SANTA ANA prior to selection of the consultant team. e. To coordinate the work effort of the PROJECT, provide the day-to-day management of the consultant, and manage all consultant administration and contracting. COSTA MESA shall review the consultant's invoices and pay them accordingly after ensuring that the work has been satisfactorily performed by the consultant. f. To comply with all of the terms and conditions of its Cooperative Agreement with OCTA, including the project reporting and auditing requirements contained therein. INDEMNIFICATION a. SANTA ANA agrees to defend, indemnify, and hold free and harmless COSTA MESA, its elected officials, officers, agents, employees, and volunteers, at SANTA ANA's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against COSTA MESA, its elected officials, officers, agents, employees, and/or volunteers arising out of or relating to the acts or omissions or willful misconduct of SANTA ANA, its elected officials, officers, agents, employees, and volunteers in connection with this Agreement. b. COSTA MESA agrees to defend, indemnify, and hold free and harmless SANTA ANA, Its elected officials, officers, agents, employees, and volunteers, at COSTA MESA's sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against SANTA ANA, its elected officials, officers, agents, employees, and/or volunteers arising out of or relating to the acts or omissions or willful misconduct of COSTA MESA, its elected officials, officers, agents, employees, and volunteers in connection with this Agreement. INSURANCE a. SANTA ANA and COSTA MESA shall maintain and keep in full force and effect during the term of this Agreement insurance or a program of self- insurance against claims for injuries to persons or damages to property which may arise in connection with SANTA ANA's or COSTA MESA's performance of its obligations hereunder. b. SANTA ANA and COSTA MESA shall require their consultants and contractors performing work in connection with this Agreement to obtain and maintain insurance as described below: 1. General Liability Insurance. Consultants and contractors shall maintain commercial general liability insurance which shall include, but not be 5 25D-7 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 consultants' and contractors' operations related to 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 Santa Ana and Costa Mesa, and their elected officials, officers, employees, agents, volunteers and representatives as additional insured(s); and (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the city. Business automobile liability for owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than $1,000,000.00, combined single limits, per occurrence for bodily injury and property damage. ill. Workers' Compensation Insurance. In accordance with California law, consultants and contractors, if they have any employees, are required to be insured against liability for workers' compensation or to undertake self- insurance. Prior to commencing the performance of any work related to this Agreement, consultants and contractors shall be required to obtain and maintain any required employer's liability insurance with limits not less than $1,000,000 per accident. iv. Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim and $2,000,000 aggregate. c. CITIES shall require that consultants and contractors: State on their insurance policies and certificates that the policies shall not be canceled or reduced in coverage or changed in any material aspect without thirty (30) days written notice to the city. ii. Maintain the insurance coverages set forth in this section. ill. Furnish certificates of insurance to the city evidencing the required coverages and endorsements set forth herein. d. If a consultant or contractor maintains broader coverage and/or higher limits than the minimums described above, the CITIES shall require and shall be entitled to the broader coverage and/or higher limits maintained by the consultant or contractor. 25D-8 8. GENERAL PROVISIONS a. Complete Agreement, This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the terms and conditions of the agreement between COSTA MESA and SANTA ANA and it supersedes all prior representations, understandings and communications between the parties. b. Representatives. COSTA MESA designates its City Manager or his or her designee to be the representative of COSTA MESA for purposes of this Agreement. The City Manager may issue all consents, approvals, directives, and agreements on behalf of COSTA MESA called for by this Agreement, except as otherwise expressly provided in this Agreement. SANTA ANA designates its City Manager or his or her designee to be the representative of SANTA ANA for purposes of this Agreement. The City Manager may issue all consents, approvals, directives, and agreements on behalf of SANTA ANA called for by this Agreement, except as otherwise expressly provided in this Agreement. c. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. d. Severability. If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. e. Compliance with All Laws. COSTA MESA and SANTA ANA shall comply with all applicable federal, state and local laws, statutes, ordinances and regulations of any governmental agency having jurisdiction over the PROJECT. f. Force Majeure. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts include, but are not limited to, any incidence of fire, flood, 25D-9 acts of God, commandeering of material, products, plants or facilities by the federal, state or local government, national fuel shortage, and any other conditions beyond the reasonable control of a party. g. Assignment. Neither this Agreement, nor any of the parties' rights, obligations, or duties hereunder may be assigned in whole or in part by either party without the prior written consent of the other party in its sole and absolute discretion. Any attempted assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California and applicable local and federal laws, regulations and guidelines. In the event of any legal action to enforce or interpret this Agreement, the parties agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. i. Attorneys' Fees. If litigation is brought by either party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of its rights and remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. Notices. Any notices, requests, or demands made between the parties pursuant to this Agreement are to be directed as follows: If to COSTA MESA: If to SANTA ANA: City Clerk Clerk of the Council City of Costa Mesa City of Santa Ana 77 Fair Drive 20 Civic Center Plaza Costa Mesa, CA 92626 Santa Ana, CA 92701 k. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so Incorporated by reference, this Agreement shall govern over the document referenced. I, Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to 25D-10 modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. m. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. n. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. Counterparts of Agreement. This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute one agreement. p. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, CITIES have caused this Agreement to be executed SANTA ANA has caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SANTA ANA, a charter city and municipal corporation of the State of California Raul Godinez II City Manager ATTEST: CITY OF COSTA MESA a municipal corporation of the State of California M Thomas Hatch City Manager ATTEST: Maria D. Huizar Brenda Green Clerk of the Council City Clerk 9 25D-11 APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney J# -M. Fugk Assistant City Attorney RECOMMENDED FOR APPROVAL: Fred Mousavipour Public Works Director APPROVED AS TO FORM: Thomas Duarte City Attorney RECOMMENDED FOR APPROVAL: Raja Sethuraman Public Services Director 10 25D-12 EXHIBIT A SCOPE OF WORK 25D-13 EXHIBIT A Scope of Work Bear Street Signal Synchronization INTRODUCTION The City of Costa Mesa ("CITY") will lead the Bear Street PROJECT to optimize signal synchronization timing along the Bear Street Corridor between Segerstrom Avenue and Bristol Street. Below is the list of intersections: 1. Bear Street @ Segerstrom Avenue (SA)l 2. Bear Street @ Alton Avenue (SA) 3, Bear Street @ MacArthur Boulevard (SA) 4, Bear Street @ Sunflower Avenue (CM)2 5. Bear Street @ South Coast Plaza North (CM) B. Bear Street @ South Coast Drive (CM) 7. Bear Street @ Metro Point East (CM) B. Bear Street @ Metro Point West (CM) g. Bear Street @ South Coast Plaza/Metro Point (CM) 10. Bear Street @ Yukon/Paularino Avenue (CM) 11. Bear Street @ SR -73 NB Ramp (Caltrans) 12. Bear Street @ SR -73 SB Ramp (Caltrans) 13. Bear Street @ Baker Street (CM) 14. Bear Street @ Bristol Street (CM) PRIMARY IMPLEMENTATION The following is an outline of the scope of services for Bear Street PROJECT Primary Implementation. 1) Project Administration CITY shall provide general project administration, environmental processing, and quality control. The City of Santa Ana ("PARTICIPATING AGENCY") shall provide support project management services for the project intersections located within their jurisdiction and assist In maintaining the Bear Street PROJECT schedule. a) Data Collection The CITY will assemble with the assistance of PARTICIPATING AGENCY the necessary data to understand the existing traffic conditions for the Bear Street PROJECT and Its respective traffic signal operations, This shall include, at minimum, the following: • All data, documents, plans, photos, etc. related to each Bear Street PROJECT intersection within the past two years; • Local agency timing preferences or policies for all modes of travel and special Intersection treatments; and • Manual and Machine Traffic counts for highway links and intersections for weekday and weekend time periods for all modes of travel. Special 72 -hour video counts will be conducted along the corridor with established special modal use. SA -City of Santa Ana a CM - City of Costa Mesa Page 1 of 3 25D-14 b) Field Reviews CITY shall conduct Bear Street PROJECT field reviews to verify collected data including geometric layout, Inventory of existing traffic signal control and communications, and any and all factors that impact or affect signal progressions. 2) Signal Synchronization Timing CITY shall develop a signal synchronization model using Synchro and Sim Traffic 10.0 and Tru — Traffic 10.0 to verify the operation of existing timing and then produce and evaluate potential timing changes that would improve or refine the corridor traffic flows through Improved optimized signal operations. The PARTICIPATING AGENCY shall be involved in the review and validation of the recommended signal timing. The OCTA Corridor Synchronization Performance Index (CSPI) combines Average Speed, Stops per Mile, and Greens per Red (number of intersections successfully traversed on a Green Light vs. Stopped by a Red Light) into a composite index. The CSPI shall be the defined metric in this evaluation. The CITY shall utilize the approved Optimized Signal Timing and Implement the timing into the central and field controller systems and provide Fine Tuning services. The After Study Travel Time Runs shall be performed and the Before to After comparison CSPI shall then be determined. 3) Before and After Studies and Reports CITY shall conduct real-time floating car "runs" in each direction during the planned (Before) and implemented (After) time periods of Bear Street PROJECT traffic signal synchronization. Summary reports shall be prepared by CITY in coordination with the PARTICIPATING AGENCY to identify improvements in metrics from the Before to After conditions. The Before and After Study shall constitute the Bear Street PROJECT Final Report. Additionally, this report shall document improvements accomplished and recommend procedures for continuing maintenance, surveillance, and evaluation of the coordinated signal system. 4). Engineering Design, Review, and Procurement/Construction — Support Infrastructure PARTICIPATING AGENCY shall provide sufficient staffing to provide Engineering Design Review of design documentation. If design documentation is provided by the PARTICIPATING AGENCY for Bear Street PROJECT, the Engineering Design Review requirement shall be satisfied. Purchase and construction/installation of the requested traffic signal infrastructure and upgrades, software, licenses, or other components as approved in the application shall be by the CITY in the name of and for the end user PARTICIPATING AGENCY. The CITY shall work with the PARTICIPATING AGENCY to coordinate design, identification of applicable standards/specifications, purchasing and/or installation of the required signal improvements. Design and other technical support to implement the upgrades shall be subject to the designated cost estimate. The budget for these improvements is fixed to the approved budget and will be subject to revised scope or additional contributions. The highest priority improvements shall be those that are required to optimize signal timing. The PARTICIPATING AGENCY shall waive all fees for permits and inspections and shall provide sufficient professional staffing to provide construction support and Inspection services to Bear Street PROJECT. Page 2 of 3 25D-15 PROJECT TRAFFIC SIGNAL SYNCHRONIZATION — ON GOING MAINTENANCE AND MONITORING For a period of two (2) years (24 months), from the date of Bear Street PROJECT acceptance, CITY shall provide for On Going Maintenance and Monitoring of Bear Street PROJECT, This shall include the observation of corridor and system intersection operations to maintain Bear Street PROJECT Integrity. CITY will make observations and provide recommended changes to PARTICIPATING AGENCY for approval and implementation. CITY shall also provide resources for maintenance and repair of any Bear Street PROJECT installed Infrastructure for the same time period. PARTICIPATING AGENCY shall provide sufficient staffing for assistance in administration of this task. PROJECT MATCH Upon issuance of a Notice to Proceed to the Consultant, CITY can issue an invoice to PARTICIPATING AGENCY for up to 80% of the cash match as identified below. AGENCY CASH CASH OR IN-KIND TOTAL City of Costa Mesa $72,941 $13,187 $86,128 City of Santa Ana $37,560 $0 $37,560 TOTAL $110,501 $13,187 $123,688 Note: The final match amount will be based on the actual project implementation cost, to be determined at the completion of each phase of the project. Page 3 of 3 25D-16 EXHIBIT B COST ESTIMATE 25D-17 EXHIBIT B Cost Estimates Bear Street Signal Synchronization Number of Signals: 14 signals Synchronization, Assessments, Modeling, Before and After Studies, Reports and Document Costs: 14 signals $ 98,000 Signal Improvement Costs: 9 signals Costa Mesa $ 303,000 Signal Improvement Costs: 3 signals Santa Ana $ 142,500 Signal Improvement Costs: 2 signals Caltrans $ 0 Preparation of Plans Specifications and Estimates: 14 signals $ 41,340 Monitoring & Improving Optimized Timing $16,800 pay ear for 2 ears $ 33,600 TOTAL $6162440 20% Match: $123,688 20% of $618,440 Type of Matching Funds for Costa Mesa: $72 941 Dollar and $13,187 In Kind or Dollar Type of Matching Funds for Santa Ana: $37,560 Dollar and $0 In Kind or Dollar Page 1 of 1 2501-18 Bear Street Corridor Traffic Signal Synchronization Improvements SANTA ANACity Council 11? Agenda DateProject No. 18-6913: Bear Street Traffic Signal $ �__P__����IQ�1J ■ Synchronization i PUBLIC W0� February 20, 2018 6 • 25D-20 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: PURCHASE AGREEMENTS FOR REAL PROPERTY ACQUISITION FOR WARNER AVENUE IMPROVEMENTS PHASE 1 (PROJECT NO. 14-6802) (NON -GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G; 3,2C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ 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 Purchase Agreements for the real property acquisition and goodwill (if any) with the property owners listed below, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount known as / location Type Griselda Oropeza 219 E. Warner Ave. Full $465,000 (APN 403-142-16) 2. Jose and Rosa C. Regalado 309 E. Warner Ave. Full $458,000 (APN 403-143-13) 3. Dat Ngoc Hoang 2245 S. Oak St. Full $423,000 (APN 016-102-24) DISCUSSION Warner Avenue is classified as an East-West Major Arterial in the City's General Plan Circulation Element (GPCE) and the County of Orange Master Plan of Arterial Highway (MPAH). Improving the 1 -mile Warner Avenue segment from Warner Avenue to Wright Street has been a long-term priority project that is being constructed in several phases. Improvements include widening from a four -lane roadway to a six -lane arterial to address safety issues and provide adequate vehicular capacity; and installing parkway, raised median landscape, storm drain, protected bike lanes, sound walls, street lights, and traffic signals. The City is acquiring properties for the development of Phase 1, bounded by Main Street and Oak Street, and construction is anticipated to begin in spring 2019. The property acquisitions are necessary to accommodate the street improvements for Phase 1 (Exhibit 1). The purchase offers were determined based on appraised values prepared by a California State licensed 25E-1 Purchase Agreements for Real Property Acquisition Warner Avenue Improvements Phase 1 February 20, 2018 Page 2 appraiser and were accepted by the property owners. The compensation amounts listed above are incorporated in the attached agreements (Exhibits 2-4). 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 On September 1, 2015, City Council approved the Warner Avenue Final Environmental Impact Statement (SCH No. 2012101004). FISCAL IMPACT Funds in the amount of $1,346,000 are available in the Warner Avenue Improvements Project (No. 14- 6802) for expenditure in FY 2017-2018: $1,009,500 in the Measure M2 Competitive Street Fund (Account No. 03217663-66100), and $336,500 in the Transportation System Improvement Area E Fund (Account No. 03417660-66100), subject to nonsubstantive changes. Fred Mousavipour Executive Director Public Works Agency FM/EW G/JG/ST AS TO FUNDS & ACCOUNTS: Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Location Map 2. Purchase Agreement — APN 403-142-16 3. Purchase Agreement — APN 403-143-13 4. Purchase Agreement—APN 016-102-24 25E-2 M MATC FLJNE SEE BOTTOM RKY 4 r.MAPLE ST(NITS) ORANGE AV r Ip 403.142.15 14 1 e en 0 016.090.25 N IN � I I CYPRESS AV Z 1 a Iw 5 1 403.141-091 z I -r. X403.141-001 W Z 1 ARCO GAS - STATION 1 1 MAIN ST LEGEND -SUBJECT MOPERTY 016.031.33 ,016.031.50 1016-031.51 016.031.38 WELLS FARGO BANK .-.._.._..-..J T• 1016.103-231 •016.103.22. KILSON ®R OAK ST 016-090.22 DELHI PARK 11 016-090.21 a P 0 W Ca ROUSSELLE ST��® 1 016.035-15 -� �s e �� I�6� 3�-ld— le!I 1® Iml®I 11 MAPLE ST MATCHUNE SEE TCP LEFT sem_ --• — `• • -:� 25E-3 1 0 016.090.25 I p� 6L Z I N S a ® W ROUSSELLE ST��® 1 016.035-15 -� �s e �� I�6� 3�-ld— le!I 1® Iml®I 11 MAPLE ST MATCHUNE SEE TCP LEFT sem_ --• — `• • -:� 25E-3 THIS AGREEMENT (hereinafter "PSA"), entered into on 1 2018, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and, Griselda Oropeza, a married woman as her sole and separate property, (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 219 East Warner Avenue, Santa Ana, CA) (APN. 403.142-16) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, Covenants, agreements and provisions, to wit: 1. Conyeyance by Seller. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Title Company at 4100 Newport Place Drive, Suite 120, Newport Beach, California within sixty (60) days from and after the date on which the City has approved this Agreement. 2, Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects In title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3, Title Insurance. Seiler agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Four Hundred Sixty -Five Thousand and no/100 Dollars ,($465;000.00), insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. E215E 24 4. Escrow. City agrees to open an escrow at the office of Commonwealth Title Company, 4100 Newport Place Drive, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow, The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and Incorporated herein by this reference, in writing, delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shall carry out Its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City, Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement, 5. Pro' e>tyTaxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California, Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however; in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 6,. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Pour Hundred Sixty -Five Thousand and no/100 Dollars ($466,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after: a. Conveyance of said real property by Seller to City as hereinabove provided; b. Acceptance by City of a Grant Deed conveying said real property to City; 25E-5 c. Delivery to City of the policy of title insurance as hereinabove provided; d. Recordation of the Deed conveying said real property to City. 7. Possession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen days (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. 8. Rental and Occupancy By Seller: Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 1p. Heirs, Assigns, Successors-! ri-Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 25E-6 13. Acknowledgment of Full Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 1263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer, This release shall survive the Close of Escrow. B, This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not; and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyers efforts to construct improvements on the Property. This acknowledgment and release shall survive the Close of Escrow 14, Notices. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92761, County of Orange, State of California. The mailing address of the Seller is 219 East Warner Avenue, Santa Ana, CA 92707. 15, Exceptions. City agrees to accept title to said real property sub1ect to the following: NONE. 16. Entire Agreement, It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property 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 transported any Hazardous Materials to or from the Property 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 Property. The term "Hazardous Material" 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 (1) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 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 Section 25501 of the California Health and 25E-7 Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25251 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (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 Glean Water Act, (33 U, S.C. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. 56901 at see. (42 U.S.C. 56903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et seq. (42 U.S.C. S9601), 18. Co_ m Mance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water 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. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, 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 Property, 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 Property. 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, compensation for lost wages, business income, profits or other economic loss, 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 liability created prior to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22, Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Cantions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this FSA. 24, Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25E-8 25. No Reliance By One party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question, 26. No Third PaLU B neficia . This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder, 27. Duty To Cooperate Further, Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Asslanees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement 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 PSA, 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. X Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA, 25E-9 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Griselda Oropeza, a married woman as her sole and separate property Griselda Oropeza City/Buyer City of Santa Ana Raul Godinez II City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: Jn M. Funk C ief Assistant City Attorney Fred Mousavipour Executive Director Public Works Agency Date: 2017 Date: 2018 Date: NO - m Date: , 2018 25E-10 EXHIBIT ,:A„ IuxrTyg71 *40I a 1101zI THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 25 IN BLOCK D OF TRACT NO. 638, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOCK 19, PAGE 97, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Assessor's Parcel Number: 403-142.96 25E-11 EXHIBIT "B" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. Ali funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto; closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. if you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25E-12 When recorded, please mail this instrument and tax statements to: Cleric of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by TFIE CITY OF SANTA ANA PER GOVERNMENT CODE SECTION 6103. SPACE ti13OVE THIS LINES FOR RECORDER'S USE CANC7IL. APPROVED ASCO AV PROVED BY DESOMION MSCATION A.P.N"MEft PAYAR.4P PK07EG'f TAXI'S FORNIOVATTY, DIRECTOR WRITTEN BY CIIPCKED3OK. 403-142-16 N(NMEA NUNIBLR X 219 J7. Wmor Avow, Sv,ta Ana, CA 92707 DLTDNUNHI L FOR VALUA13LE CONSIDERATION, receipt of which is hereby acknowledged, Griselda Oropeza, a married woman as her sole and separate property Do Hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under the Constitution and laws of the State of California, for public roadway purposes, all that real property in the City of Santa Ana, Orange County, State of California, located at 219 East Warner Avenue, described as follows: SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF, Dated : BY: Grisolda Oropeza 25E-13 PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on , 2018, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and, Jose Regalado and Rosa Carina Regalado, husband and wife as joint tenants (hereinafter "Seller"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows: SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 309 East Warner Avenue, Santa Ana, GA) (APN 403-143-13) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the following terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Sealer. Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Title Company at 4100 Newport Place Drive, Suite 120, Newport Beach, California within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary; general or specific, Including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 15 below. Seller hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of Its right to the full and clear title hereinabove agreed to be conveYed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance. Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be Issued by the above mentioned title company, with the City therein named as the insured, in the amount of Four Hundred Fifty Eight Thousand and not100 Dollars ($4583000.00).:. insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 26t'-'�'43 4. Escrow. City agrees to open an escrow at the office of Commonwealth Title Company, 4100 Newport Place Drive, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow, Escrow to close within sixty (60) days of the City's execution of this Agreement. If escrow is not in a,condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow; then buyer may, at its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow, Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow, The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing, delivered to the City and to the Seiler within five (5) days after delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265,240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 6, Property Taxes. Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which Is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority, Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance is made shall be paid by Seller before conveyance of said real property to City. 8. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, the total sum of Four Hundred Fifty Eight Thousand and no/100 Dollars ($468,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seiler upon and after: a, Conveyance of said real property by Seller to City as hereinabove provided; b, Acceptance by City of a Grant Deed conveying said real property to City; 25E-15 c. Delivery to City of the policy of title insurance as hereinabove provided d, Recordation of the Deed conveying said real property to City. 7. P ssc ession. Seller agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen days (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. B. Rental and Occupancy By Seller, Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month/360-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or In the possession of Seiler prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month. 9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein. 10. Heirs Assigns Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and In all payments hereunder to be made, time is and shall be of the essence. 12. Just Compensation. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages, 25E-16 13. Acknowledgment of Full Benefits and Release: A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages; claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property , or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 1245.245; any right to receive any notices pursuant to Code of Civil Procedure section 1245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245,245, 1263.025 and 1268.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245.245 and 1263.615 and 1263.025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer, This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through its municipal authority. Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns, and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct improvements on the Property, This acknowledgment and release shall survive the Close of Escrow. 14. Notices, The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, F.G. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California, The mailing address of the Seller is 309 East Warner Avenue„ Santa Ana, CA 92707, 15. Exceptions: City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste. Neither Seller nor, to the best of Seller's knowledge, any previous owner, tenant, occupant, or user of the Property 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 transported any Hazardous Materials to or from the Property. 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 Property. The term "Hazardous Material" 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 Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 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 Section 25501 of the California Health and 25E-17 Safety Code, Division 20, Chapter 6,95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (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. S6901 et sec. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. 59601 et s, etc. (42 U,S.C. 59601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water 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. 19. Indamni . Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, 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 Property, 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 Property. 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, compensation for lost wages, business income, profits or other economic loss, 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 liability created prior to or up to the date this escrow shall close. Seiler shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity, Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Captions. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law. This PSA shall be governed by and construed in accordance with the laws of the State of California. 25E-18 25. No Reliance By Cane party On The Other. Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. Na Third Party Beneficiary. This PSA Is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27. Duty To Cooperate Further. Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (In form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. 29. Authority to Execute Agreement, 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 PSA, 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. 30. Incorporation of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PSA. 25E-19 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above. SELLER: Jose Regalado and Rosa Carina Regalado, husband and wife as joint tenants City/Buyer City of Santa Ana Raul Godinez 11 City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: i M. Funk ssistant City Attorney • . � ► •. .N Fred Mousavipour Executive Director Public Works Agency Date: 12, - _Y 2017 Date: J Z- / A 2017 Date: M Date: 2018 Date: 25E-20 9W EXHIBIT "A" LEGAL DESRIPTION THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: LOT 23 IN BLOCK F OF TRACT NO. 638 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 19 PAGE 17 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Number: 403-143-13 25E-21 EXHIBIT "B" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 80 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. in the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time is declared to be the essence of these instructions. if you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return ail documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original, and all of which taken together shall constitute one and the same instruction. 25E-22 25E-23 , PURCHASE AND SALE AGREEMENT FOR ACQUISITION OF REAL PROPERTY AND BILATERAL ESCROW INSTRUCTIONS THIS AGREEMENT (hereinafter "PSA"), entered into on 2018, between the CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of California (hereinafter "City" or "Buyer"), and, Dat Ngoc Hoang, a single man (hereinafter "Seiler"), regardless of number or gender; THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditions and provisions of this PSA, Seller agrees to sell to City, and City agrees to purchase from Seller, that certain real property (hereinafter "Said Real Property") legally described as follows; SEE EXHIBIT "A" — Legal Description ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF (Commonly known as 2245 South Oak Street, Santa Ana, CA) (APN 016-102-24) Said purchase and sale of Said Real Property shall be in accordance with and subject to all of the fallowing terms, conditions, promises, covenants, agreements and provisions, to wit: 1. Conveyance by Seller, Seller agrees to convey said real property to City, by Grant Deed, at the office of Commonwealth Title Company at 4100 Newport Place Drive, Suite 120, Newport Beach, California within sixty (60) days from and after the date on which the City has approved this Agreement. 2. Title to be Conveyed. Seller agrees that, except as may hereinafter be otherwise expressly provided, said real property shall be conveyed by Seller to City, as aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, including any and all leasehold interests), liens, clouds or defects in title except those exceptions shown in Paragraph 16 below. Seiler hereby warrants that the title to said real property to be conveyed by Seller to City shall be free and clear as provided above. Seller further agrees that acceptance by City of any deed to said real property, with or without knowledge of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, encumbrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a waiver by City of its right to the full and clear title hereinabove agreed to be conveyed by Seller to City, nor of any right which might accrue to City because of the failure of Seller to convey title as hereinabove provided. 3. Title Insurance: Seller agrees to deliver to City, concurrently with the conveyance of said real property to City, within the time and at the place hereinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the City therein named as the insured, in the amount of Four Hundred Twenty -Three Thousand Dollars and :Zero Cents ($423,000.00) insuring the title of the City to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or defects in title, excepting such specific ones as city may hereinafter expressly agree to take subject to. Acceptance by City of any such policy of insurance, whether such insurance complies with the requirements of this paragraph or not, shall not constitute a waiver by City of its right to such insurance as is herein required of Seller, nor a waiver by the City of any rights of action for damages or any other rights which may accrue to City by reason of the failure of Seller to convey title or to provide title insurance as required in this Agreement. 4. Escrow. City agrees to open an escrow at the office of Commonwealth Title Company, 4100 Newport Place Drive, Newport Beach, California, (the Escrow Agent) within five (5) days from and after the date on which the City has approved this Agreement. This Agreement constitutes the joint escrow Instructions of the City and the Seller and a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow. Escrow to close within sixty (60) days of the City's execution of this Agreement. if escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in the Property that cannot be resolved in Escrow, then buyer may, at Its option, request cancellation of escrow and this Agreement and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. Buyer shall be entitled to possession of the Property immediately upon close of Escrow. The Escrow Agent hereby is empowered to act under this Agreement, and upon indicating its acceptance of this Section 4 and of the General Provisions described in Exhibit "B" attached hereto and incorporated herein by this reference, in writing; delivered to the City and to the Seller within five (5) days after delivery of this Agreement, shalt carry out its duties as Escrow Agent hereunder. City agrees to bear and Escrow Agent is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cost of title insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City. Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. The liability to the Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under Section 4, Section 6, Section 8 and Exhibit "B" of the General Provisions of this Agreement. 5. Property Taxes: Such real property taxes, if any, on said real property for the fiscal year within which said real property is conveyed to City as are unpaid at the time of said Conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of California. Seller shall be eligible for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that portion of property taxes on said real property for said fiscal year which have been paid prior to the date the deed conveying said real property to City is recorded which is allocable to that portion of the fiscal year which begins on the date the deed conveying said real property to City is recorded and made uncollectible if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that Seller has prepaid any taxes or assessments attributable to the Property; Seller shall be solely responsible for obtaining any refund due thereon from the taxing authority, Upon written request, Buyer shall assist Seller, at Seller's sole cost, in obtaining said refund, if any; however, in no case shall Buyer credit or otherwise pay Seller for that refund, if any, through or outside of Escrow. All unpaid taxes on said real property for any and all years prior to the fiscal year within which said conveyance Is made shall be paid by Seller before conveyance of said real property to City, 6. Payment of Purchase Price. City agrees to pay to Seller, and Seller agrees to accept from City, as and for the full purchase price for said real property, fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages; the total sum of Four hundred Twenty -Three Thousand Dollars and Zero Cents ($428,000.00). City agrees to deposit said purchase price in escrow with the Escrow Agent within THIRTY (30) days from and after the date on which the City has approved this Agreement, and the Escrow Agent is hereby authorized to pay the same to Seller upon and after; a. Conveyance of said real property by Seller to City as hereinabove provided; b. Acceptance by City of a Grant Deed conveying said real property to City; 25E-25 c. Delivery to City of the policy of title insurance as hereinabove provided; d. Recordation of the Deed conveying said real property to City. 7. Possession. Seiler agrees to deliver to City, on the date the Deed conveying said real property to City is recorded, quiet and peaceful possession of said real property, which shall be made free by Seller of all personal property. a. No later than fourteen days (14) days after close of escrow, Seller shall have removed all merchandise, inventory, equipment, personal property, and/or removable trade fixtures from the Property. Any merchandise, inventory, equipment, personal property, and/or removable trade fixtures at the Property as of three days after close of escrow shall be deemed abandoned by Seller on that date. b. If Seller does not vacate the Property by the above stated date, the Seller agrees to have the Court immediately issue a Writ of Possession and/or Assistance, directing the Marshall or Sheriff of Orange County to take physical possession of the Property in favor of the City. Seller waives the right to have the City file an unlawful detainer action, as well as waive the right to any hearing or any requirements for an application by City to obtain the Writ of Possession and/or Assistance and waives any and all rights to object to the issuance of said Writ if Seller does not vacate the Property by fourteen (14) days after close of escrow. 8. Rental and bccupancv By Seller, Seller agrees to execute a complete, current and correct statement of rentals (Seller Estoppel) on a form furnished to Seller by City and deliver same to City within fifteen (15) days hereof with copies of any written leases or rental agreements attached. All rents will be prorated as of the close of escrow on the basis of a 30 -day month/860-day year consistent with that statement, subject to approval of City. Seller hereby agrees not to rent any units on the premises which are vacant as of the date that this agreement is executed by seller, or which may be vacated by present occupants prior to close of escrow. In return, the City agrees to reimburse seller lost rentals incurred by keeping units vacant through the close of escrow. Seller agrees that any and all Tenant Security Deposits pertaining to the subject property collected by or in the possession of Seller prior to the close of escrow shall be transferred to and become the property of City during escrow. Seller hereby warrants that the rental statement referred to shall include the terms of all rental agreements, tenancies, and leases (written, unwritten, recorded, or unrecorded) and Seller agrees to hold City harmless from all liability from any such leases or agreements. Seller also warrants that there are no oral or written leases on all or any portion of the subject property exceeding a period of one month.- 9. onth.9. Waivers. The waiver by City of any breach of any covenant or agreement herein contained on the part of the Seller shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein, 10. Heirs, Assigns, Successors -in -Interest. This PSA, and all the terms, covenants and conditions hereof, shall apply to and bind the heirs, executors, administrators, successors and assigns of the respective Parties hereto. 11. Time is of the Essence. In all matters and things hereunder to be done and in all payments hereunder to be made, time Is and shall be of the essence. 12. Just Compensatlon. Seller acknowledges and agrees that said purchase price is just compensation at fair market value for said real property and includes payment for fixtures & equipment (improvements pertaining to the realty), goodwill (if any), and severance damages. 25E-26 13. Acknowledgment of Pull Benefits and Release. A. By execution of this Agreement, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns; hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any claim for compensation for injury to the remainder ("severance damages"); precondemnation damages, claims for inverse condemnation; loss of goodwill and/or lost profits; loss or impairment of any "bonus value" attributable to any lease; damage to or loss of improvements pertaining to the realty; damage to or loss of machinery, fixtures, inventory, equipment and/or personal property; any right to repurchase, leaseback from Seller, or receive any financial gain from, the sale of any portion of the Property ; or challenge Buyer's adoption of a resolution of necessity, pursuant to Code of Civil Procedure sections 9245.245; any right to receive any notices pursuant to Code of Civil Procedure section 9245.245; any right to enforce any other obligation placed upon Seller pursuant to Code of Civil Procedure sections 1245.245, 1263.025 and 9263.615; any other rights conferred upon Sellers pursuant to Code of Civil Procedure sections 1245,245 and 1263.615 and 1263,025; and attorney's fees and costs. It being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the Property by Buyer. This release shall survive the Close of Escrow. B. This Agreement arose out of Buyer's efforts to acquire the Property through Its municipal authority, Seller, on behalf of himself, his heirs, executors, administrators, successors and assigns, hereby fully releases Buyer, its successors, agents, representatives (including attorneys), and assigns; and all other persons and associations, known or unknown, from all claims and causes of action by reason of any damage which has been sustained by Seller, or may be sustained by Seller, as a result of Buyer's efforts to acquire the Property or to construct the works of improvement thereon, or any preliminary steps thereto. This Agreement does not, and shall not be construed to, require Seller to Indemnify Buyer for damages which may arise as a result of Buyer's efforts to construct Improvements on the Property. This acknowledgment and release shall survive the Close of Escrow. 14. N tires. The mailing address of the City of Santa Ana is 20 Civic Center Plaza, M-36, P.O. Box 1988, in the City of Santa Ana 92701, County of Orange, State of California. The mailing address of the Seller is 2245 South Oak Street, Santa Ana, CA 92707. 15. Exceptions. City agrees to accept title to said real property subject to the following: NONE. 16. Entire Agreement. It is mutually agreed that the Parties hereto have herein set forth the whole of their Agreement. Performance of this PSA by City shall lay at rest, each, every, and all issue(s) that were raised or could have been raised in connection with the acquisition of Said Real Property by City. 17. Hazardous Waste, Neither Seiler nor, to the best of Seller's knowledge, any previous owner; tenant, occupant, or user of the Property 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 transported any Hazardous Materials to or from the Property. 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 Property.. The term "Hazardous Material" 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 (1) defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous waste" under Section 25115, 25197 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6,5 (Hazardous Waste Control Law), (ii) defined as "hazardous substance" under Section 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 Section 25501 of the California Health and 25E-27 Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined as a "hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) asbestos, (vii) polychlorinated biphenyls, (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. S1317), (x) defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C, 56901 et sem. (42 U.S.C. 56903) or (A) defined as a "hazardous substances" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, as amended by Liability Act, 42. U.S.C. S9601 et pgg, (42 U.S,C. S9601). 18. Compliance With Environmental Laws. To the best of Seller's knowledge the Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and Vocal laws pertaining to air and water 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. 19. Indemnity. Seller agrees to indemnify, defend and hold the City harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, 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 Property, 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 Property. 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, compensation for lost wages, business Income, profits or other economic loss, 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 liability created prier to or up to the date this escrow shall close. Seller shall not be responsible for acts or omissions to act post close of this escrow. 20. Contingency. It is understood and agreed between the parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the City herein. The execution of these documents and the delivery of same to Escrow Agent constitute said acceptance and approval. 21. Modification and Amendment. This PSA may not be modified or amended except in writing signed by the Seller and City. 22. Partial Invalidity. Any provision of this PSA that is unenforceable or invalid or the conclusion of which would adversely affect the validity, legality, or enforcement of this PSA shall have no effect, but all the remaining provisions of this PSA shall remain in full force. 23. Cations. Captions and headings in this PSA, including the title of this PSA, are for convenience only and are not to be considered in construing this PSA. 24. Governing Law, This PSR shall be governed by and construed in accordance with the laws of the State of California. 25E-28 26. No Reliance By One Party On The Other, Each party has received independent legal advice from its attorneys with respect to the advisability of executing this PSA and the meaning of the provisions hereof. The provisions of this PSA shall be construed as to their fair meaning, and not for or against any party based upon any attribution to such party as the source of the language in question. 26. No Third Party Beneficiary. This PSA is intended to benefit only the Parties hereto and no other person or entity has or shall acquire any rights hereunder. 27, Duty To Cooperate Further; Each party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the party to be charged) and do such other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this PSA, without Cost. 28. Applicability of Agreement To Assignees. This PSA shall be binding upon and shall inure to the benefit of the successors and assigns of the Parties to this PSA. M Authority to Execute A reement, 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 PSA, 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. 30. Incorporation. of Exhibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this PPA. 25E-29 IN WITNESS WHEREOF, the Parties hereto have executed this PSA on the date and year first written above, SELLER: Rat Ngoc Hoang, a single man oe pat Ngoc Hoang� City/Buyer City of Santa Ana Raul Godinez II City Manager Attest: Maria D. Huizar City Clerk Approved as to Form: Funk f�ssistant City Attorney N99#APiI11I4kilII0191i1:rff T"�1!- Fred Mousavipour Executive Director Public Works Agency Date: { — 0,6 2017 Date: , 2018 Date: 2018 2.g 0 Date: ft pate: 2018 25E-30 EXHIBIT "A" *W31 RN7-C&"t Tl2-0010 THE LAND REFERRED TO HEREIN IS SITUATED IN COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS; THE SOUTH HALF OF LOTS 21 AND 22 OF BLOCK "L" OF TRACT NO. 668, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 20, PAGE 5 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. Assessor's Parcel Number: 016-102-24 25E-31 EXHIBIT "B" (Commonwealth Land Title Company) GENERAL ESCROW PROVISIONS All disbursements shall be made by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow' means the date on which instruments referred to herein are filed for record. All adjustments are to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, if necessary or proper in the issuance of a policy of title insurance called for, is hereby authorized. There shall be no proration of any existing insurance policies in this escrow. You are to furnish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this escrow to the lender or lenders, the real estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hereto, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all further acts on your part until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend any action or proceedings for the determination of such conflict. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, Including, but without limiting the generality of the foregoing, a suit in interpleader brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasonable monthly charge as custodian thereof of not less than $10.00 per month. Time Is declared to be the essence of these instructions. If you are unable to comply within the time specified herein and such additional time as is required to make an examination of the official records, you will return all documents, money or property to the party entitled thereto upon satisfactory written demand and authorization. Any amendment of and/or supplement to any instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as if it were the original; and all of which taken together shall constitute one and the same instruction, 25E-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: APPROVE PROPERTY EXCHANGE AND TENANT INTEREST PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE 4 (PROJECT NO. 116741, NON -GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1 G; 3, 2C) Cl 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 Authorize the City Manager and Clerk of the Council to execute Agreements for the Exchange of Real Property and Tenant Interest in the property listed below and goodwill (if any) with the following property owner, subject to nonsubstantive changes approved by the City Manager and City Attorney: No. Property Owner Property commonly Acquisition Amount known as / location Type 1. Dianne Rose Mendez 2223 S. Bristol St. Exchange $0 (APN 015-194-28) Dianne Rose Mendez, Javier Mendez dba J.M. 2223 S. Bristol St. Tenant $51,980 2. Realty, Orange County (APN 015-194-28) Interest Community Funding Inc. DISCUSSION Bristol Street is a 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 adding bike lanes. The City 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. 25F-1 Property Exchange — Bristol Street Improvements Phase 4 February 20, 2018 Page 2 The property exchange is necessary to accommodate the improvements and widening for Phase 4 (Exhibit 1). The City owns property at 510-518 N. Bristol Street (Exhibit 2), which consists of an unused commercial office building and several remnant residential parcels from an earlier Bristol phase. Under the agreement (Exhibit 3), the parties will exchange fee interests in their respective properties with no further compensation. Mrs. Mendez is obligated under the agreement to complete construction and development of the City property as commercial office space and begin operation within 24 months following the close of escrow. If this condition is not satisfied, the City will have the right to re -purchase the property from her. The appraised values of the two properties are consistent with each other. To settle the matter would also avoid litigation costs of around $50,000 to $75,000. Additional savings will be seen in the termination of property management services for the 510-518 N. Bristol Street site to mitigate vandalism and break-ins. The acquisition of tenant interest is also necessary to accommodate the improvements. The above listed tenant agreed to quitclaim all of their tenancy interest, including loss of goodwill, for the listed purchase price. The purchase price was based on the appraised value determined by a State -licensed appraiser, and the offer was accepted by the respective tenant -seller. The purchase price for the acquisition listed above is shown in the corresponding agreement (Exhibit 4). 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. 25F-2 Property Exchange — Bristol Street Improvements Phase 4 February 20, 2018 Page 3 FISCAL IMPACT Funds in the amount of $51,980 are available in the Bristol Street Improvements Project (No. 116741) for expenditure in FY 2017-18: $25,990 in the Select Street Construction Fund (Account No. 05917661-66100), and $25,990 in the Measure M2 Street Construction Fund (Account No. 03217663-66100), subject to nonsubstantive changes. L— Frea Mousavipour Executive Director Public Works Agency FM/EWG/JG/ST APPROVED AS TO FUNDS & ACCOUNTS: Francisco Gutierrez Executive Director Finance & Management Services Agency Exhibits: 1. Location Map — APN 015-194-28 2. Location Map — APNs 405-065-18, 19 & 38 3. Property Exchange Agreement — APN 015-194-28 4. Tenant Interest Purchase Agreement — APN 015-194-28 25F-3 25F-4 MATCHLINE SEE BELOW RIGHT I I r j 7-'-T"7--- 1 -.-r..---j 408-336.17 1 ST GERTRUDE PL I 1408-471-01i I I 1 Ib19.194d1 F -. --. ?� ; — j wL(i 408,471A7w I ---"-� LL :018.184,23; 4, - -i � o1s-103.23; ! J y• :[315194-26, i i i O I2- d i co � 1 4' JJp/f�� b I I01319636; WARNER AVENUE LEGEND: sm 8UP,INT PNDPEPTv ACOU[FE PPLPEPT[ES SANTA ANA P� PUBLIC VMS AGENCY 1 ST ANDREW PL I I L..L._L_.L. CAR LTON PL r w--T--�-.. _1-__ }-----'�--- I I I OZI I I co GLENWOODPL J ® T -f Z CAMDEN PL r La I I I I 7Z/At- ST I I I I 1 I ANNE PL ry l i i ---� -- / _.- ------ MATCHLINE SEE TOP LEFT EXHIBIT 1 PROPERTY EXCHANGE AND TENANT INTEREST PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PHASE'4 (PROJECT NO, 1116741 NON -GENERAL FUND) [,Strategic Plan No. 6, 1, G; and 3, 2, CI 25F-5 PAGE 1 OF 1 ii ' i I--------- _._._..__.�. `..a� CIVIC CENTER DR i i -- i 7TH ST i_._L-_ 6TH ST 49 8 1495 9 L..L. 4 0 ---- STH ST i I j I I F_ Ill rr J 1-- 00 m SANTA ANA BLVD LEGEND sm--M1U13.1Eci vPevee n' EXHIBIT 2 SANTA ANA PROPERTY EXCHANGE AND TENANT INTEREST PURCHASE AGREEMENTS FOR BRISTOL STREET IMPROVEMENTS PWA PHASE 4 (PROJECT NO, 116741 NON -GENERAL FUND) PUBLIC WORKS AMIM (Strategic Plan No. 6, 1, G and 3, 2, C) 25F-6 PAGE 1 OF 1 AGREMENT FOR EXCHANGE OF REAL PROPERTY This Agreement for Exchange of Steal Property ("Agreement") is entered as of the � day of Ilil 2018, by and between the CITY OF SANTA ANA, a charter city and municipal cerporatlon duly organized urjder the Constitution and lbws of the State of California ("City"), and DIANNE ROSE ME, NDEZ, an individual ("Mendcz'J. The City and Mendez are hereinafter sometimes referred to collectively oa the "Parties." UCITALS A. City owns certain real property commonly known as Orange County Assessor Parcel Nos. (APN) 405-065-18, 405.065-1.9, and 405-065-38, located at 51.0-518 N, Bristol Street, in the City of Santa Ana, County Of Orange, State of California, as more particularly described and depicted in the Legal Description attached hereto as Exhibits "A-1" through "A-3" and incorporated herein by reference ("City Property'. B. The Grant Deeds for the City Property, are attached hereto as Exhibits "B-1" through "$�3" and incorporated herein by reference. C. The City Property was aoquired by the City as part of the Second Street to Civic Center Drive Phase of the Bristol Street Improvement Project. D. Mendez mums oortain real ,property commonly known as Orange County Assessor ;Parcel No. 015- 194-28, located at 2223, S. Bristol Street, in the City of Santa Ana, County of. Orange, State of California, as more particularly described and depicted in the Legal Description attached hereto as Exhibit "C" and incorporated herein by reference ("Mendez Property„) E. A copy of the Grant Deed for the 'Mendez Property, fled with the County of Orange as Document No. 2002001100330, is attached hereto as Exhibit "Ir and incorporated herein by reference. P. The Parties desire by this Agreement to provide the terms and conditions for the exchange of fee interests in the City Property and the Mendez Property. THEREFORE, for and in consideration of their mutual promises, covenants and agreements, and subject to the terms, conditinns and provisions of this Agreement, the Parties agree as follows: 1. Exchange of Real Property 1.1. Convevance bi City. City agrees to convey the City Property to Mendez by Grant Deed, and Mendes agrccs to accept the name from the City. 1.1n_v_eyance by Mendez. Mendez agrees to:convoy the Mendez Property to City. by Grant Deed, and City agrees to accept the same from Mendez. 1.3. Title Convevaaee. The Partics agrue that, cxoupt as may hereinafter be othorwisc oxpressly provided, the real properties subject to this Agreement shall be conveyed by the Parties, as Pry&n 1 006 Exhibit 3 25F-7 aforesaid, free and clear of any and all conditions, restrictions, reservations, exceptions, casements, assessments, profits, limitations, encumbrances (whether monetary or non - monetary, general or specific, Including any and all leaschold interests), liens, clouds or defects in title. The Parties hereby warrant that the tittle to said real properties to be conveyed by the Parties shall be free and clear as provided above. The Parties further agree that acccptancc of any decd to said real property, with or without knowledgc of any condition, restriction, reservation, exception, easement, assessment, profit, limitation, eneumhrance (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), lien, cloud or defect in title, shall not constitute a, waiver by either Party of its right to the full and clear title hereinabove agreed to be conveyed by the Parties, nor of any right which Might accrue because ofthe failure of the Parties to convey title as hereinabove provided. 2. Consideration 2.1 Consideration, In full andcomplete payment for the exchange of fee Interests in the City Property and the Mendez Property, City shall provide to Mendez the signed grant deeds for the City Property in the form attached as Exhibits "B-1" through "i3-3", and lAettdet shall provide,to City a signed grant deed for the Mendez Property in the form attached as Exhibit "p}_1„ 3. Escrow 3,1 1Jscrow Agent. Within five (5) days from and after the execution of this Agreement by all Parties, City agrees to open an escrow at the otYice of Pirat Amorloa,r Title Insurance Company, 2 Mrst American Way, Santa Ana,, California ("Escrow Agent"). This Agreement oongdtutes the joint escrow instructinnfi of the parties and, a duplicate original of this Agreement shall be delivered to the Escrow Agent upon the opening of the escrow ("Effactive Date"), 3,2 Escrow Agent Authorization. The Escrow Agent hereby is empowered to act under this Agreement and the General Escrow Provisions, attached hereto as Nbibit E and incorporated herein by reference, and upon indicating Its acceptance of this Agreement and the General lwscrow Provisions, in writing, delivered to the Parties within five (5) days alter delivery of this Agreement, shall carry out its duties as Escrow Agent hereunder, 3.3 Escrow Agent Liability, The liability to the ,Escrow Agent under this Agreement is limited to performance of the obligations imposed upon it under this Agreement. 3.4 Closing Costs. City agrees to bear, and Escrow Ageart Is hereby authorized to charge to the City the cost of any transfer taxes, recording fees, cast of title Insurance, re -conveyance fees, document preparation fees, escrow fees and any other closing costs incidental to the conveying of said real property to City, Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant W California Code of Civil Procedure Section 1265.240. 3.3 Tltle Insuratice. The Parties agree to deliver, concurrently with the conveyance of said real properties, within the time and at the placo horcinabove specified for said conveyance of said real property, a policy of title insurance to be issued by the above mentioned title company, with the receiving Party therein named. as the insured, in an amount equal to the Page 2 of'26 25F-8 appraised value of the subject property, insnring the title to said real property is free and clear of any and all conditions, restrictions, reservations, exceptions, easements, assessments, profits, limitations, encumbrances (whether monetary or non -monetary, general or specific, and including any and all leasehold interests), liens, clouds or detects in title, excepting such specific ones as the reeeiAug Party may hereinafter expressly agree to take subject to, Acceptance by the receiving Party of any such policy of insurance, whcthcr such insurance complies with the requirements of this paragraph or .not, shall not constitute a waiver by the receiving Party of its right to such insurance as is herein required of the granting Party, nor a waiver by the receiving Party of any rights of action for damages or any other rights which may accrue to the receiving Party by reason of the failure of the giving Party to convey title or to provide title Insurance as required in this Agreement. 3.6 Property Taxes, (a) Such real property taxes, if any, on the subject real properties for the fiscal year within which said real property is conveyed to the receiving Party as are unpaid at the tithe of said conveyance shall be cleared and paid in accordance with the provisions of Section 4986 of the Revenue and Taxation Code of the State of Cal➢fbmia. (b) The granting Party shall be eligible 'for a refund under Section 5096.7 of the Revenue and Taxation Code of the State of California for that partlon of property taxes on said real property for said fiscal year which have been paid, prior to the date the deed conveying said real property to the receiving Party is recorded which is allocable to that portion of the fiscal year which begins on the date the decd conveying said real property to the receiving Party is recorded andmade uncollcctiblo if unpaid by reason of Section 5086 of the Revenue and Taxation Code of the State of California. To the extent that the granting Party has prepaid any taxes or assessments attributable to the subject real property, the granting Party shall be solely responsible for obtaining any refund due thereon from the taxing authority. Upon written request, the receiving Party shall assist the granting Party, at the granting Party's sule cost, in obtaining said mound, if any; however, in no case shall the receiving Party credit or otherwise pay the granting Party for that refund, if any, through or cumide of Escrow. (c) All, unpaid taxes on either property for any and all years prior to the fiscal year within which said convoyanoe is made shall be paid by the granting Party before conveyance of said real property to the receiving Party. 3,7 Deposit of Funds and Documents, (a) prior to Close of Escrow,, the Parties shall deposit into Escrow (i) all escrow and Closing Costs as described above; and (ii) such other documentation as is necessary to close Escrow; (b) Prior to the Close of Escrow, each Party shall deposit into Escrow (i) the properly executed grant deed for conveyance of each Property; (ii) a duly oxecuted bill of sale, assignment and assumption agreement with respect to the tangible and intangible personalproperty included In each Property; and (iii) such other Page 8 of 26 25F-9 dodo nenta and sums, if any, as are necessary to close Escrow in conformance herewith. 3.8 Conditions Precedent to Close of Escrow. The obligation of the Parties to exchange the Properties as contemplated by this Agreement and the Close of Escrow is subject to eatisfacliun of twl, of the following condltlons: (a) All representatinns and warranties of each Party .aet. Forth in this Agreement s11a.11 he true and correct as of the date Of the Close of Escrow; (b) Each Party shall timely perform all obligations required by the terms of this Agreement to be performed by it; (c) The irrevocable and unconditional written agreement of Title Company to record the grant deeds at the Close of Escrow and to issue the Title Policy to the receiving Party, effective as of the date and time the deed is recorded.; and, (d) No material adverse physical change to either Property, including those caused by condemnation and/or casualty, shall have occurred subsequent to the Effective Date and on or prior to the Closo of Escrow. 3,9 Close„of,EscrSL. The Escrow Agent is hereby authorized to close escrow upon and after ("Close of Escrow'): (a) Conveyance of the City Property by the City and, the Mendez Property by Mendez as hereinabove provided; (b) Acceptance by Mendez of a. Grant Deed conveying the City Property, and acceptance by the City of a Grant Deed conveying the Mendez Property, (c) Delivery to each Party of the policies of title Insurance as bereinabove provided-, (d) Recordation of the Grant Deed conveying the City Property and the Grant Deed cnnvaying the Mendez Property. If escrow is not in a condition to close by the Close of Escrow, and failure to close is due to unforeseen conditions of title or interest of third parties in either Property that cannot be resolved in Escrow, then either Party may, at its option, request cancellation of Escrow and this Agrccmant and return of any funds it has deposited into escrow. Thereupon, all obligations and liabilities of the Parties under this Agreement shall cease and terminate. If no such request is made, Escrow shall be closed as soon as possible thereafter. 4. Representations and Warranties 4.1 Representations and Warranties of Clty, City makes the following representations and warranties with respect to the City Property, each of which shall survive Close ofEsorcw; (a) The execution and delivery of this 'Agreement, performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation Page 4 a£26 25F-10 of any order or decree or requIt in the branch of any r.nntrnnr or agreement to which the City is at present a party or by which the City is bound, (b) To City's actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, health and safety aspects of the City Property is pending, proposed or Qtteatened, (c) City will not enter Into any agreements or undertake any new nhligatinn.s prior to Close of Escrow that will In any way burden, encumber or otberwise affect the City Property without the prior written consent of Mendez. (d) City is aware of its obligation under Califomia Health and Safety Code Section 25359,7 to disclose any knowledge whi.oh they may have regarding any release of Hazardous Substances (as defined by applicable federal, state and local statutes, riles and regulations) upon or under the City Property. The City Property remains subject to ongoing environmental assessment under the oversight of the Santa Ana Regional Water Quality Control Board,, Case No. 0$30030127, including the presence of groundwater monitoring wells. Shot] Oil Company is the responsible party for the environmental remediation, (c) To the best of City's knowledge the City Property compiles with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and lora] laws pertaining to air and water 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, 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, (f) City, as a government agency, has not been subject to real property tax assessment on. the City Property. Trnn.afer of title to the City Property to Mendez st the Cime of Escrow will subject the City Property to an assessment iirom the Orange County O ice of the Assessor and shall be the obligation of Mendez henceforth. 4.2 Reot'esentations at7d 4 arrantieg of Mendez. Mendez makes the following representations and warranties with rc9pcct to the Mendez Property, each of which shall survive Close of Escrow: (a) rhe execution and delivery of this Agreement, performance hereunder, and the consummation of the transaction contemplated hereby will not constitute a violation of any order or decree or result in the broach of any contract or agreement to which :Mendez is at present a party or by which Mendez is bound, (b) To Mendez's actual knowledge, no litigation and no governmental, administrative or regulatory act or proceeding regarding the environmental, bcaltb and safety aspects of the Mendez Property is pending, proposed or threatened. Page F of 26 25F-11 (c) ,Mendez will not enter into any agreements or undertake any new obligations prior to Close of Escrow that will in any way burden, encumber or otherwise affect the Mendez Property without the prior written consent of the City, (d) Mendez is aware of its obligation under California Health and Safety Code Section 25359.7 to disaluse auy knowledge whlob they otay have regarding any release of Hazardous Substances (as defined by applicable federal, state and. local statutes, ndes and regulatinns) upon or under the Mendez Property. Mendez warrants and represents to the City that Mendez is not aware that any such Hazardous Substances have been generated, stored or disposed of upon or under the Mendez Property, (c) To the best of Monde, -Is knowledge the Mendez Property complies with all applicable laws and governmental regulations including, without limitation, all applicable federal, state, and local laws pertaining to air and water 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 1t,esponse Compensation and Liability Acts, and the California Environment Quality Act, and the rules, regulations, and Ordinances Of the City, 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. (fj Mendez hereby represents and guarantees that, subject to :Permitted Delay (as defined below), it will complete construction and d.avOuprnant of tlic City Property as commercial office space and begin operation thereof ("Opening Covenant") within twenty-four (24) months following the Close of Escrow ("opening Deadline"). Such construction and development must comply with all current state and local planning, building, and zoning code regulations, If Mendez has not satisfied the Opening Covenant on or before the Opening Deadline, City may unilaterally elect to repurchase the City Property from Mendez. The repurchase deed shall be identical in form to the deed by which title to the City Property was conveyed by City to Mendez and shall be free and clear of any and all mortgage liens or other evidence of indebtedness. The purchase price to be paid by City shall be $650,000. As used herein, the term "Permitted. Delay" shall refer to any delay resulting from acts of God; fire; earthquake; flood; explosion; action of the elements; war; invasion; insurrection; riot; mob violence; sabotage; malicious mischief; inability (.notwithstanding good faith and diligent efforts) to procure (or goneral shortage 4 labor, equipment, facilities, materials, or supplies in The open market; failure of transportation; strikes; lookouts; action of labor unions; condemnation laws; requisition or order of government or civil or military or naval authorities; or any other similar cause to those stated above, not within Mendez's reasonable control, Notwithstanding anything to the contrary contained herein, in no event shall finanoial inability constitute Permitted Delay. S. Right of Possession 5,1 Ri ht of Possession. In accordance with the terms of the Agroemont for Acquisition of Tenant -Se ler's Interest In Real Property, executed concurrently with this Agreement, the Parties agree to deliver to each other quiet and peaceful physical and legal possession of the Page 6 of 26 25F-12 respective Properties, free of all personal property, effective as of the Close of Escrow, The ,fatties agree, however, that Mendez shall have the right to occupy the Mendez Property until June 30, 2018 at no cost to Mender. City shall take possession of the Mendez Property on July 1, 2018, Mendez agrees to deliver possession of the Mendez Property to City by June 30, 2018, After June 30, 2018, access to the Mendez Property is revoked by thu City aiAJ the City shall have a right to padlock or othcrwisc securo the Mendez Property. Any and all property or fixtures left by Mendez in the Mendez Property after Junc 30, 2018 shall be considered forfeited. No notice need be given prior to securing the Mendez Property after June 30, 2018, The City shall not need to seek a writ of possession in order to obtain access or otherwise secure the Mendez Property atter June 30, 2018. To the extent that any writ of possession is required, or the City seeks a writ of possession, the parties hereby agree that the City is entitled to seek an immediate writ of posse;Nivti as crJuly 1, 2018, and Mendez agrees it cannot oppose tho issuance of any writ of possession as of that date. 6, As -Js Condition 6.1 As -is Condition. Parties shall rely solely and exclusively upon the results of their own Due Diligence Investigations of the subject Properties with regard to any physical condition or state o£tho Properties. By completing the exchange of the Properties, parties evidence their unconditional acceptance of the condition of each respective Property. Parties acknowledge and agree that each is acquiring its respective Property on an "AS -I5," "WHERE -W' basis. Parties are net offering to acquire the respective Property based, on any representation by the other Party, or a third party, except those expressly set forth in this Agreement. Parties hereby acknowledge tlM,t the excltaugc of the Properties is witbout warranties of any .kind from the other Party, expressed or implied, except as expressly set north in this ,Agreement, as to the condition of the subject Property or ib; improvements, if any, including, without implied limitation, soils, access to the subject ,Property or to Utilities, appliances, structure utility systems, roof, foundation, landscaping or any other component of the subject Property. Parties do not warrant that either Property conforms with any ordinances, including, without implied limitation, zoning or building ordinances, Acknowledgement of Fit]] Benefits 7.1 FullBenefits, By execution of this Agreement, the Parties hereby acknowledge that this Agreement provides full payment for the acquisition of the subject Properties, and each Party hereby expressly and unconditionally waives any claim for damages, interest, loss of goodwill, severance damages, or any other compensation or benefits other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities, or benefits of any type or nature whatsoever relating to or in connection with the acquisition of the subject Properties. 8, Remedies 8.1 Remedies. If either Party defaults under this Agreement, and such default is not cured within thirty (S0) days following thee date of written notice of default, then the other Party may either! (i) terminate this Agreement by written notice, whereupon this Agreement and the obligations of the Parties hereunder shall terminate (other than those obligations that expressly survive a termination of this Agreement); or (ii) bring an action for specific performance of this Agreement. Page 7 of 26 25F-13 9. Miscellaneous 9.1 1 oboe, All notices or other communication provided for under this Agreement shall be in writing, and shall be delivered personally, sent by reputable overnight mail equivalent carrier, or sent by registered or certified mail, return receipt requested, postage prepaid, addressed to the person to receive such notice or communication at the following address and shall be effective upon the earlier of actual, receipt (including by facsimile) or refusal to accept delivery; 1'£to the City: The City of Santa, Ann Clerk of the Council 20 Civic Center Plaza P.O, Box 1988 Santa Ana, CA 92702 With a copy to: City Attorney 20 Civic Catiter Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 If to Mendez: Diane Rose Mendez 2223 S, Bristol Sued Santa Ana, CA 92704 Notice of change of address shall be given by written notice In the manner set forth in this subsection. 92 Time is of the Essence, Time is of the essence with respect to each and every provision hereof, 9.3 Waive, s. The waiver by either Party of any breach of anv covenant or agreement heroin contained on the part of the other Party shall not be deemed or held to be a waiver of any subsequent or other breach of said covenant or agreement nor a waiver of any breach of any other covenants or agreements contained herein, 9.4 Asninnment. Neither this Agreement, nor any interest herein, shall be assignable by any Party without prior written consent of the other, non -assigning Party hereto. 9.5 Inurement, Subject to the restrictions against assignment as herein contained, this Agreement, and all the terms, covenants, and conditions hereof, shall inure to the benefit of and shall be binding upon, the assigns, suoeussurs in interest, persunal representatives, estates, heirs and legatees of the respective parties hereto, 9.6 Qovemins Law. All questions with respect to this Agreement, and rights and liabilities of the Parties hereto, shall be governed by the laws of the State of California. Venue shall be in the County of orange, Plan S 006 25F-14 9.7 Attorney Fees. In the event of any controversy, claim or dispute between the Parties hereto, arising out of or relating to this Agreement or the breach thereof, the prevailing party shall be entitled to recover from the other party reasonable expenses, attorney fees and costs. 9.8 Entire Agreement. The Agreement contai,.,s the entire agreement of the Parties hereto, and supersedes any prior written or oral agreements between them concetning the subject matter contained herein. Thcre are no rcpresentadons, ngraements, arrangements, or understandings, oral or written, between the Parties hereto, relating to the subject matter contained in this Agreement which are not fully expressed herein. 9,9 Additional boouments, All Parties hereto agree to execute any and all additional documents and instruments necessary to carry out the teens of this Agreement. 9.10 No Merger. All warranties, representations, acknowledgements. releases, covenants and obligations contained in this Agreement shall survive delivery and recordation of the grant deeds. 9.11 Contingency, It is understood and agreed between the Parties hereto that the completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance end approval of the City herein, The execution of these documents and the delivery of same to Escrow Agent constitute said. acceptance and approval. 9.12 Modification and Amendment. This Agreement may not be modified or amended except in writing signed by the Parties. 9.13 Partial Invalidity. Any provision of this Agreement that is unenforceable or invalid or, the conclusion of which would adversely affect the validity, legality, or enforcement of this Agreement. shall have no effect, but all the remaining provisions of this Agreemont shall remain in full force. 9,14 Cantlons. Captions and headings in this Agreement, including tiro title of this Agreement, are for convenience on.ly and are not to be considered in construing this Agreement. 9.15 No ei'ance b Qlie P on the Othcr. Each Party has received independent legal advice from its attorneys with respect to the advisability of executing this Agreement and the meaning of the provisions hereof. The provisions of this Agreement shall be construed as to their fair meaning, and not for or against any Party based, upon any attribution to such Party as the source of the language in question. 9.16 No 11ird P&M geneficiarv. This Agreement is intended to benefit only the Parties hereto and no other person or entity'has or shall acquire any rights hereunder. 9.17 Duty to Cooperate Further. Each Party hereby agrees that it shall, upon request of the other, execute and deliver such further documents (in form and substance reasonably acceptable to the Party to be charged) and do suob other acts and things as are reasonably necessary and appropriate to effectuate the terms and conditions of this Agreement, without cost. 9,18 Incorporation_of._Exltibits. All Exhibits referenced herein and attached hereto shall be incorporated as if fully sot forth in the body of this Agreement. IPago 9 ot'16 25F-15 9.19 Authority to Execute Agreement. The persons executing this Agreement and the instruments referenced herein on behalf of City and Mendez hereby represent and warrant that such persons have the right, power and authority to bind City and Mendez., respectively. Mendez shall indemnify City £ally, including reasonable costs and attorney's foes, for any injuries or dounig s to City in the cvcnt that such authority or powor is not, in fact, held by the signatory or is withdrawn. 9.20 Counteroavts. This Agreement may be signed in counterpart or duplicate copies, and any signed counterpart or duplicate copy shall be equivalent to a signed original for all purposes. [SIGNATURES ON NEXT PAGE] Page 10 of 26 25F-16 SIGNATURE PAGE TO AGREEMENT FOR EXCHANGE OF REAL PROPERTY IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY: CITY OF SANTA ANA, a California charter city and municipal corporation By: Raul Godinez Ii. City Manager ATTEST: M Maria Huizar Cleric of the Council P.lsr'.ROVED AS TO FORM; By: W � IA,, JW M. Funk Assistant City Attorney RECOMMENDED BY: By: Fred Mousavipour Executive Dircotor, Public Works Agencv MENDEZ: Dianne Rose Mendez, an individual rr By:/G�Yt t., 1fitCLG7 Dianne Rose Mender PASO 17. of U 25F-17 1:KHIBIT'AX LEGAL DESCRIPTION FOR REMNANTPARCEL E36 W 9914ITOL ST< WITHIN ASSESSOR'S PAR CEL No. 465-0065-38 IN THE CITY OFSANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PARCEL OF LAND MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF THE LAND DESCRIBED IN THAT DOCUMENT RECORDED OCTOBER 15, 2010, AS INSTRUMENT NUMBER 21"1106Lf0%4 AIA OF OFFICJAI RFCORDA'OF THF COUNTY OF ORANNF, FXCFPTIN✓:,TWAT PORTION OF LAND AS DESCRIBED IN INSTRUMENT NUMBER 2012000349237 OFOFFICIAL RECORDS, IN THECOUNTYOFORANGE, RECORDED JUNE 20,2012: CONTAINING AN AREA OF APPROXIMATELY 9,084 SQUARE FEET, MORE OR LESS; SU81E.CI ILF OJV'ENAN-IS, CONDFFION5, RESERVAT1ON5, RESTRI£TMNS, RIGIHT3 OF WAY, AND EASEMENTSO'FRECORD, I'ANY; ALL AS SHOWN ON SXHIBIT'A•1a, SKETCH TO ACCOMPANY LEGAL DESCRIPTION,, A17ACHED HERETO AND BY, THIS REFERENCE MADE A. PART HEREOF, ANTHONY C. CUOMO Pl.G. 6042 DATE: 2018-1-4 PaK01of 2 Page 12 of26 25F-18 � s�xrHs7�rw�r ,figi c, I EOT6 92'. p, 4G EOE NB9Y1°34"W I 11 Q. 94 Iih � LOT 13 -N�. "e.G+.�...;..._ d _ top° — TfZ" 8.98' 60,,61'�LU9'P7'5*V 13490-4 N w 4• � � 30 ,0 o t°�4C7' ._..�, } � � — Inca• —� �, _ W � P�f If{4�r1 ♦LC� ��n re'. *�m+mror�anw.sta} Pago 13 of Z6 25F-19 E" ISR.A-2. UGAl DE$(RIPTIO'N FOR REMNANT PARC'E'L 514 N. 9RISTOI..ST. WITHIN A5SE5$O'WS PARCEL No. 495-055-19 IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING.A PARCEL OF LAND, SITUATE WITHIN LOT 13 OF TRACT No. 1137, AS SHOWN ON THE MAP FILED IN ROOK 38, PAGE 9, OF MISCELLANEOUS MAPS, RECORDS Of SAID COIJNTY, SAID PARCEL:LYING W E5TERCY OFA LINE, SAID LINE BEING PARALLEL WM AND 190.00 FEET WESTERLY OF THE CENTERLINE OF BRISTOL STREET, AS SAID CENTERLINE IS SHOWNON THE MAP OF SAID TRACT No.1152; CONTAINING AN ARRA OF APPROXIMATELY k,77.3 S'OLIARE FEET, MORE OR LESS; SUBJECT TO COVENANTS, CONDFTIONS, RESERVATIONS, RESTRVIONS. MGM OF WAY, AND EASEMENTS OF RECORD, IFANY; ALLAS SHOWN OWN EVIBIT'A2-8', SgETCH TO ACCOMPANY' LEGAL DESCRIPTION, ATTACHED HERETO AND 9YTHISREFERENCE, MACIE A PART HEREOF. ANTHONY C. CUOMO P.L.5.0042 DATE; 2018-1.4 page of 2 PaSe 1,4 of 2G 25F-20 Cf 6T°9093"36" L=15.66' _ S}XPN STREET 5b, 93' Dr99az'a9^w --— � " _ �I iz I ct p( g LOT ' M1 4 12 'Ell f 10 M LOTym'' N89"7,1'54"{y 110,7,3' J Nd92i S4"W 1f G,GG" —w,Mp 49.99" ».. n•- 60,01. (.�. N89'7}',y4"W 134.90" I N+ Lor w I 28 z }1^ ¢ FIFTH STREET ���,•. xrnramdo�a m�anannl.0.+ Pageis0 6 25F-21 EXHIBR'A-B' LEGAL DESCRIPTION FOR REMNANT PARCEL 519 N. BRISTOI ST. wl7u N ASSESSOR'S PARCEL, No. 405-065-18 IN THE CITY OF SANTA ANA, COUNTY OF ORAN OF, STATS OF CALIFORNIA, BEING A, PARCEL OF LAND, SITUATE, WITHIN LOT 120F TRACT No, 1152, AS SR4IYWN ON THE MAP FILED IN BOOK 38, PAGE 9, OF MISCELLANEOUS, MAPS, RECORDS, OF SAID COUNTY, SAID PARCEL LYING WESTERLY OF ALINE, SAID LINE BEING PARALLEL WITH AND 100.00 FEET W E5TERLT OF THE. CENTERLINE CP 9RISTOL STREET. AS SAID CENTERLINE fS SHOWN ON' THE MAP OF SAID TRACT No. 1152, CONTAINPNG AN AREA OF APPROXIMATELY '1,8145tMARE FEET, MORE OR LESS, SUBJECTTO COVENANTS, CONDITIONS, RESERVATIONS, R'ESTRICY[ONS, RIGHTS OF WAY, AND EASEMENT$ ©F RECORD, IF ANY; ALL A5 SHOWN ON EXHIBIT'A-9a', SKETCH TO ACCOMPANY LEGAL DESCRIPTION, ATTACHED HERETO AND BY'i'HW KEFEfthNCE MADE APART HEREOF. ANTHONY C. CUOMO P,LS, 6042 DATE! 2D16.1 -4I Pap 1o42 Page 1.6 of 26 25F-22 Fes'" 46? LOT 14 LOT 26' �SV,XTHSTREFT Sas3 N&9'22'09"w 7ae29' 57,44' 45.95' Cr LOT 50 72" �• .• Btr.Or''" N851'34" 97x,73' p LOT �4�, M.. N09S7"d4"Wi HOM' 49,05" 90.01' w N99'21'54."w P34,80" w It I� {� 45' i0.n7"_ f I N8921^64^w 0 FIFTH STREET Pngc 17 of 29 25F-23 dwwmv mwrmum " When recorded, please mail this instrument and tax sla4eMoms to: Diane Rose Mendez I EXHIBIT "B-1" Grunt D®ad for 610 N ttristol $PACL+ AEOVE 77TIR LINE ]FOR RFpgRT)tAi,�s Y= _— Te #e„ APPROVI:YY AA T4 PDAMDYATTY. APPROYap RY DMECTbk 4P5CmMON WNITTiN DY o"r,RRTON CRI,fkr4-U.k, Ap. NL= WMAP N(IMRFg PhdTFCT MIMhr.R nn3-Ofl.3R 510 N. Snnm Ana, CA 92704 nehD NUMDnn GRANTDEED EEE FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Santa Ana, a charter City and municipal; corporation duly organized under the Constitution and laws of the State of California, Does Hereby Grant to Diane Rose Mendez all that real property in the City of Santa Ana, Orange County, State of California, located at 510 N. Bristo( Street Avenue,Santa. Ana, CA 92704 described as follows: SEI= EXHIBITS OA -1"& "A -1a" ATTACHED HERF.70 ANO RY THIS REFERENCE MADE APART HEREOF; Dat�3d By; City of Santa Ana, Raul Godinez 11 City Manager Pape, Is of 26 25F-24 When recorded please mail this instrument and lax staements to: Diane Rose Mendez 5XHIBIT "B_2" Grant Deed for 514 N Bristol SPACE ABOVE MIS LINT: FOR RECO=Ws 119E nppagy3p A3 TO APPabvvp By LBSCWPT10N VSSCRiPT1gN A, P, R/WM AP pA03HCr bV(PS FOAMBY ATTY. DTMUDR WRITTaJ BY CHECRE0.01 N{�MIBER NUMBER NUMBER dnpdny-19 414 N. Bristol SireH, SMkv knsy CA S3704 DE80 NOMRBA FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, City of Santa Ana, a charter City and municipal; corporotion duly organized under the Constitution and laws of the State of California, Goes HereGy Durant to Diane Rose Mendez all that real properly in the City of Santa Ana, Orange County, State of California, located at 514 N. Bristol Street Avenue, Santa Ana, CA 92744 described as follows: SEE ExHISITS "A-2" & "A -2a" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : BY: City of Santa. Ana, Raul Godinez II City Manager Pap 1,9 of 26 25F-25 When recorded'please mail this Instrument and tax statements to: Diane Rose Mendez EXHIBIT "B-3" Grant Dead for 518 N Bristol SPACEAFOYE TI11S LINE FOR RECORhER'S USE_. TAXES NPAO WAS TO TORMDYATIY. APPRAVCOI,Y DIRECTOR VMWG ] N TIEY BY OLSORIMOn MCR .Mr 6.1� 19UM65131 P W"TROR.CT WU ER MMAER Any -OA$ -IA 515 N. Eristol Street, Sonia Ana, CA 427114 DEEnnuMmER GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged. City of Santa Ana, a charter City and municipal; corporation duly organized under the Constitution and laws ur the Slate of Calitomia, Does Heraby Grant to Diane Dose Mendez all that real property In the City of Santa Ana, Orange County, State of California, located at 5,18 N. Bristol Street Avenue, Santa Ana, CA 9P704 described as follows: SEE EXHIBITS "A-3" & "A -3a" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated : By:� --- Cite of Santa Ana, Raul Godinez II City Manager Fagg 28 of U 25F-26 EXHIBIT "C„ 2223 S. Bristol 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 Or SANTA ANA, COUNTY OF ORANGE, CALIFORNIA AS PER'MAP RECORDVD IN BOOR 39, PAGE(S) 16 ANT)17, OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER, OF SAID COUNTY. APN; 015.194-28 Page 21 of 26 25F-27 6 l0 Ire g �p • R'rYY� SNC yNy N LnrJ 3i�' i, 4 91 Pngr. 22 of 26 25F-28 EXHIBIT D Recorded Geed for 2223 S, Bristol I� jur mourn AM(MMO IM Reoardtd in fN[lohi Radotda, County or drangp AND i WHEN RNMIMID MAo.T0, Moline 61001, clerk^R05crttler fliunrxROaaI&AUa IIiIg Irk 61�1uBIi��IIIC�phNI I IMI"r,t�p gSmol AM, CA 92704 200204110301'2:11pim TOM 11S or Got 1 moo 0,00 0,90 0.0 9:00 6.00 a 00 0,00 Ap- Alm# This maI, v.a—l"v-+!Gapy t l"— Mean- oa GRANT DEMD, 71+11VNI) srrnaORANTOR(a)PRCI.AIMAYTATri0CUMMANTTRANSVERTaxtaiOfInTV1,1MRrAKTLYTPASFER until an full value at y�ro ety 0veytd, or 1 cam iutla pn ria1 value le.4t vaplt Of liop Of enturnlymem reemining at time at S�Ie, � 60NSYOERAI fC1I 1 antarcaparatnf afaa; 1 T ®ey of-Umm, and FOR A VAwAum coNRlt)RRATION, Itmaipt of 1 hith is haemhy moUrpWlCdNal, jff4w Mmdq, a 01011164 man as III$ MOO and Napnmte praporty hmtdry GRAN7(S) m DianntJkmot lYfandesr a awla'iolt Nv[tMn ae h!r fii>Te 0nd SLhraPnla T°+trPart9 Tho Ml moving detenled ptvlpe0y la the City of Rmta Ana„ County of OR n,N4E„Stars 3rcaliferrig; Lot ISo yf'b"t IM to flim CRtx or SAN rA ANA, ,0viNaty or abRAY9rgASr cemarnr0 as par.° �p40p roeardod 0p Book 39. R'ogaia) td end 17. of Mlarailmmu4MAP In flit 0MOO of the COMP XWOMer of soIll County, e. favH11401, D. a 'Inn arm or mmaAl aapthl "3. Moil Tax St IVM Ma Po: SAXE AS ABOVE or Mama Noted Below Papa 23 ofZ6 25F-29 When recorded, please mail this Instrument and tax statements to: Clerk of the Council City of Santa Ana 20 Civic Center.riaza, M-30 Santa Ana, California 92701 Free recording requested by THE My Of SANTA ANA PER OOVSRNM.ENT CODE sEcnoN S 103. EXHIBIT °D-9° 2228 S. Bristol Grant Deed SPACE ABOVE TRIS LINO FOR RECORDER'S USE ats.tsa•2s 7443 S. brigtol yireet, Nat %Ana, (:A YW704 GRAW DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DIANNE ROSE MENDEZ, a marrled woman as her sole and separate property Does hereby Grant to the CITY OF SANTA ANA, a charter City and municipal corporation duly organized under tate Constitution and laws of the State of California, for public roadway purposes, all that real prnporty in tha City of Santa Ana, Orange County, State of California, located at 2223 S. Bristol Street, Santa Ana, CA 92704, described as follows: SEE EXHIBITS "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF; Dated-,. / l%�-2L9 PROS 24 of 2r 25F-30 fi by: L01ANNiRO$E G d��". 'D, ME EZ, Viinlival ACKNOWLEDGPVIU+NT 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. OnlmuA YIr,2A1` ._bafcreme, ]38,4MI-ICj f jP-,jOF-?.1A a7-kPZY PUBLIC. (Insert nameand Lltta WAM oFl Icu.) personally appeared 1 )IAFtgME 26SE MMPJ 7E:Z• Ntarne of S Ig mr ( p Naim of 4, Ignpr (2) who proved to me. on the hasix of vatisfactcny evidence to be the persort(s) whose name(OAfisW subscribed to the within instrument and acknowledged to me that kftWtbey executed the same in lyrs/Ohiyail• authorized capacity(.ie*, and that by 1t 4NtWr Signature() on the instrument the person(, or the entity upon behalf of which the persoW acted, executed the instrument. S certify under PLNALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offioial seal. Rrad, 2 Signature of Otary P tc r RRAU"" MEN"" tl _ COM��q. 0 2223747 N4TARr PUiuR •tAuFQRNIA ORANGECOUNiY lti GOMM.eXPJRt5nf ,1,261 Page 2S of 26 25F-31 (Seal) EXHIBIT "E°, (First American) GFNFRAL FSCROWWr PROVISIONS All disbursements shall be in.ade by Escrow's check. All funds received in this escrow shall be deposited in one or more of your general escrow accounts with any bank doing business in the State of California and may be transferred to any other general escrow account or accounts. The expression "close of escrow" means the date on which instruments referncd to hervia arc filed for rcwrJ. All adjusttucnts ace to be made on the basis of a 30 -day month. Recordation of any instruments delivered through this escrow, If necessary or proper in the issuance of a policy of title insurance called for, is hereby autborized. There shall be no proration of any existing insurance policies In this escrow. You are to fbinish a copy of these instructions, amendments thereto, closing statements and/or any other documents deposited in this csorow to the lender or lenders, the roal estate broker or brokers and/or the attorney or attorneys involved in this transaction upon request of such lenders, brokers or attorneys. Should you before or after close of escrow receive or become aware of any conflicting demands or claims with respect to this escrow or the rights of any of the parties hCTetn, or any money or property deposited herein affected hereby, you shall have the right to discontinue any or all farther acts on. your pan until such conflict is resolved to your satisfaction, and you shall have the further right to commence or defend, any action or proocedings for the determination of such eonfliot. The parties hereto jointly and severally agree to pay all costs, damages, judgments and expenses, including reasonable attorney's fees, suffered or incurred by you in connection with, or arising out of this escrow, including, but without limiting the generality of the foregoing, a suit in InterplcadeT brought by you. In the event you file a suit in interpleader, you shall ipso facto be fully released and discharged from all obligations imposed upon you in this escrow. If for any reason funds are retained or remain in escrow, you are to deduct therefrom a reasnnahle monthly charge as custodian tbereof of not less than $10,00 per month. Time is declared to be the essence of these instructions. If you, are unable to comply within the time specified herein and such additional time as is required to make an examination of the official .records, you will return all documents, money or property to the party eutiticd thereto upon satisfactory, written demand and authorization. Any amendment of and/or supplement to any Instructions must be in writing. The seller agrees to sell and the buyer agrees to buy the property herein described upon the terms hereof. These escrow instructions, and amendments hereto, may be executed in one or more counterparts, each of which independently shall have the same effect as If it were the original, and all of which taken together shall constitute one and the same instruction. Page 26 of 26 25F-32 SELL ALL (NO SALVAGE) Project: ristol Street lm rovemenl, Proiect= Lhase APN: 015-194-28 Tenant -8010r: Dianne Use-MendezOrange CQu,nty c mr_y,uniCy�+t�n ig Tnc g� Javier 1VIe{tde7 dba a M R rait A,CRE',)WENT FOR ACQUISITION OF TENANT-SEL',LB1d,y IN'I rREST IN REAL IPAOFER'1'X THIS AGREEMP NT ("Agreument") is entered into as of this __Z1IV day of L4&Y _-,__, 2018, by and between THE CI'T'Y OF SANTA ANA, a charter city and )al rprporation dilly nreani7ed un&r thn f nnoinTfinn and 12wc of !ho gtato of CnlifZrnia it), and. Dianne Rose. Mendez.-Oranun C.AUndv P enr ,,, :a,> F.. a; sw„ a_ in real property described for the acquisition by Buyer of certain TT i,", HFPWEBY Ap,TREED BETWEEN TIM PARTTIoS .A.S FOLLOWS; 1. AGREEMENT, Tcnant-Seller agrees to sell andconvey to Buyer, and Buyer agrees to purchase and acquire til•om 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 anri rriniprnent (conaoti+,roly "Impm-ovemontoN) larateJ iA„ vey VL ¢,(fiR.Gd lu any manner ro Site premises known and numbered as 2223 S. Bristol Street 5antaAna, California ("Preoxises") which Premises are part of that real property described in Exhibit A attarhed hereto, located in the City of Santa Ana, Orange County, California ("Property"), and (h)and (h) any tonanry interrst of Tenant -Seiler ("Tenaney Interest") in and to the Premises and the Property, and (c) any and all goodwill of Tcnant-Seller's business on the Premises. The Improvements to be conveyed by Tenant -Seller area part of the Premises, and specifically include, without limitation, the items described in the list of Trnprovamentc Pertaining to tho Realty a4tnehed. keret, -,o 8Aldbit B urrti, Movable r9u)pmcnt SwrnW as Exhikit 2. PIJRCHhS�E PRICE, The total purchase price, payable in cash through this Agreement, shall be the gum of; I IF.TY-ONE THOUSAND NINE HUNDRED EIGIdT�( AND NOMI) DQT.T.ARp,.(..441, 0530.00) (iOPumhftsv Aeric®") wh h iu uumputod, 40 fallowva: Value of Conveyed Improvements as shown on Exltibix B (owned. by Diane 59,010.00 Rose Mendez) Value of Movcab,lc Equ,ipmant as shown vn Exhibit�C (owned by Javier $12,970.00 Mender) Loss of Business Goodwill $30,000.00 TOTAL AIVIOUNT PcA"YABJi,1L 1'H1dUV94kA'J.'WS AGRERMENI° $51,990.09 0�1M11 25F-33 3. CONVEYANCE OFINTEREST IN REAL PI2GrPP1�I SC. Teuarrt-Seller agrees to execute a Quitalalm Deed. in the same form as that attached hereto as Cxhi ' D in favor oFBuycr ("Qiuitelaim Deed") relinquishing, releasing, and forever quitclaiming in Itrnyer all right title and interest in and to the Tenancy Interest at the close of escrow. 4, 1`OSSCS&0& Of EREMI3ES, In accordance with the terms ofthe Agreement For Exchange for Real Property, executed concurrently with this Agreement between Buyer and Dianne Rose Mendez, owner of the Property, the parties agree to deliver to each other quint and, peaceful physical and legal possession of the respective Properties, free of all personal property, efl'cetive as of the Close of Escrow. As set forth in the concurrent Agreement for the Exchange of Real Property between .Dianne Rose Mendez and Buyer, the Parties agree, however, that Tcnant-seller shall have the right to occupy the Promises until June 30, 2018 at no cost to Tenant -Seller. Buyer shall take possession of the ,I+rcmises on July], 2018. Tcnanv&llcr agrees to deliver possession of the Premises to Buyer by the Possession Date. After June 30, 2018, access to the Premises by Tcnant-Seller is revoked by the .13uyer and the ,Buyer shall have aright. to padlock or otherwise secure the Premises. Any and all property or .fixtures left by Tenant -Seller in the Premises after June 30, 2018 shall be considered forfeited,. No notice need be given prior to scouring the Premises atter June 30, 2018. The Buyer shall not need to seek a writ of possession in order to obtain access or otherwise secure the Premises atter June 30, 2018. To the extent that any writ of possession is required, or the $uyer seeks a. writ of possession, the Parties hereby agree that the 13uycr is eutitlud to seek an immediate writ of possession as of July .1, 2018, and Tcnant-Seller agrees it cannot oppose the Issuance of any writ of possession as ofthat date. S. CONVEYANCE OF INTEREST IN IMPROVEMENTS. The Quitclaim ,Beed will also convey from Tcnant-Seller to Buyer all of Tcnunt-Seller's interest in and. to the Improvements and Movable Peluipmont, which conveyance shall be free and clear of all recorded and unrecorded eneumbrances, liens, assessments, leases, and taxes. ihtleas ntherwise.. 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 4 and 10 of this Agreement. 6. RECORLr NG. Pwcordation of any documents delivered through this Agreement is authorized, if necessary or proper, upon acceptance by Buyer as described herein. 7. CEI.JTIk1CATION OF OWNERSHIP. To the best of Tenant -Seller's knowledge, Tenant-Sellcr hereby warrants and certifies under penalty of perjury that Tenant -Seller is the owner of the Improvements and that no document bus been signed by or on behalf of Tenant -Sailer 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) "Crust Deods on the Property, duly recorded; and. (b) real and personal property taxes. 8. PERMJS5I0,10, ENTER PREMISES. Tenant -Seller hereby grants Buyer or its authorized agent's permission to enter upon the Premises at all reasonable Omni prior to Closing of this transaction for the purpose or making necessary inspections, provided Buybr provides seven calendar days notice to Sellcr, and Seller agrees in writing that the inspection time proposed by Buyer will not unreasonably impair of aftbot Seller's operations at the Premises. 25F-34 9. BULK SAM In order to establish proof of clear title to the Improvements, Buyer may publish aNotice 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. CONFLICT.ING_INTEREST$. In the event any conflicting claim o£ title of 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 ,hall 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 Tonant-Selior 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 itcm, oflmprovemcnts and Tenant-Scllcrhercby agrees to accept all responsibility therefore. tUnims otherwise provided, it shall be presumed. that Tenant-Wler is entitled to payment under 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, 11. 1]I_SMTSSAI Ql? LxMTNI NI' DO_M&iNL ACT.IQN, lf.Buyer has previously filed an action to condemn the Tenancy Interest and/or Tenant -Seller's interest in the Improvements, Temnt-Sellar hereby cnnSents to the dimtni.esml of much actinn and waivam nny clsimm for compensation, costs, claims, interest, goodwill, attorney's fees and, deposits in said action, or any claim whatsoever which might arise out of the fling 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 funds 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 Tcnant-Seller, subject to the following adjustments: A. Fay and clnargc Tcnant-SrIlcr for any and all cur eut and/or delinquent taxes and any penalties and interest thereon against the Improvements and the Tenancy Interest, 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 S and 10 of this Agreement; C. Disburse funds when conditions of this Agreement have been satisfied by Buyer and Tenant -Seller. 13. PULL AND COMPLETE SETTLEMENT, A. Subject: to the terms and conditions of the Agreement for Exchange of Real Property, signed concurrently herewith by Buyer and Dianno Rose Mendez, owner of the Property, Tenant - Seller hereby acknowledges that the compensation paid to Tenant -Seller through this Agreement 25F-35 constitutes the full and complete settlement of any and all claims against Buyer, resulting kola or arising out of Buyer's acquisition of the Property, the Improvements and Movable Equipment, the laeasehold Interest and the Tenancy Interest and any dislocation of'rcua.nt-Scller from the Promises, specifically including, but not limited to the value of the Improvements and Movable Equipment, loaschold improvements, any and all claims for rental or Icasehold value, loss urguudwill, Hilo arty and all claims in inverse condemnation and for precondemnation damages, 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 Improvements and the Tenancy Interest. Tenant -Seller hereby disclaims any right, title or interest in or to the Premises and the Property. Tonant-Seller and Buyer and each and all of their agents, representatives, attorneys, principals, predecessors, successors, assigns, administrators, executors, heirs, and beneficiaries (collectively "Releasees'), hereby reionoc tho other party, and its Releasees, and caoh 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 Improvements and the Tenancy Interest, Additionally, Tenant -Seller hereby expressly and unconditionally waives any claims (known or unknown) including loss of goodwill, statutory interest, claims for inverse condemnation or unreasonable pre - condemnation conduct, or any other compensation, damages or benefits, arising from the acquisition of the Improvements that Tenant -Seller may have against Buyer, its officials, representatives, and attorneys. B. Seller acknowledges that, in accordance with applicable provisions of California law, Sclicr may othcrwisc be entitled to the payment of relocation expenses, compensation for loss of goodwill, just compensation, inverse condemnation, unlawful pre-eondem.nation conduct, and other benefits and claims other than those expressly provided for In this Agreement in connection with Buyer's acquisition of the Property. Seller, on behalf of itself and its heirs, executors, administrators, successors and assigns, acknowledges that Buyer's performance under this Agreement constitutes ball and complete satisfaction of Buyer's obligations to Seller with respect to such claims. Seller acknowledges that it may be entitled to benefits under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, 42 United States Code section 4601 ot, seq. and/or California Relocation Assistance Law, as amended, or the Real Property Acquisition Relocation Assistance Rules and Regulations. As a result of this Agreement, Buyer waives any right to relocation assistance, moving expenses, or other payments to which Buyer might otherwise be entitled under the Uniform Relocation Assistance and Real, property Acquisition Policies Act of 1970, as amended, 42 United States Code scctlon 4601 at, seq. and/or California Relocation Assistance Law, as amended, or the Real ,Property Acquisition Relocation Assistance Mules and Regulations, as payment for said benefits is acknowledged to have been compensated for pursuant to this Agreement. 14, ACKNOWLLDGMENT CONCCRNINQ QVIL COPT~ 81.4,01ON 1547. Subject to the terms and conditions of the purchase and Sale Agreement, signed concurrently herewith, Tenant-Scllor and Buyer acluiowlodgo that they have been advised by their attorneys concerning, and is familiar with, the provisions of California Civil Code §1542, which provides as follows: "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 25F-36 executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." Tenant -Seller a,nd Buyer acknowledge that they and any others acting on their 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-Sellcr and. Buyer acknowledge that thls Agreement has been negotiated and agreed upon in light of that sltuatluu and huroby t mprassly wuives any and all rights which it or others acting on its behalf may have under Callfbrnia Civil Code §1542, or under any statute or common law or equitable principle of similar effect. 15. CONTINGENCY. Transaction is subject to and contingent upon receipt by Buyer of the duly executed Quitclaim Deed from 'Tenant-Sellcr 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 respcotively. is. c_0, !R0MISE.IN SETTLEMENT. Tbi8 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'Ruyer for any purpose of liability or as to value of any property or claim. 19, SIMYIVAL OF RIGHTS..ANI7 OBLIGATIONS. Notwithstanding the releases contained herein and agreement concerning this transaction, all the rights and obligations created under 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. '1'en.ant-Seller hereby warrants, represents, and/or covenants to buyer that: A, To the best of'rnnwt.Reiler',s knnwladgc, there arc nn wflona, suits, matnrisl elalms, 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 Promises in good condition and Mate of repair and maintenance, and shall perform all of its obligations under any service contracts or other contracts affecting the Improvements and the Premises. C. Until the Closing, Tenant -Seller shall not do anything which would impair Tenant, -Seller's title to the improvements or the Tenancy )ntercgt. 25F-37 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. T. To the best of Tenant-Sollar's knowledge, nolther the execution or 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'fenancy Interest may be subject. F. Until the Closing, Tenant -Seller shall, upon learning of any ;Pact or condition Which Would Cause any of the warranties and rnprnsen,titinns In this Paragraph 20 not to be true n,6 of Closing, immediately give written notice of such fact or condition to'13uyer, 21. HAZARDOUS WASTE. Neither Tenant-Sellcr 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 ar 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 froin the Prurnlses. The term " Hazardous Materials" shall mean, any substance, material, or waste which IF or becomes regulated, by any local governmental authority, the State of California, or the United States Governmont:, inahrding, but nnt 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 oftlic California Health and Safely Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law), (fl) defined as "hazardous substance" under §25316 of the California Health and Safety Code, .Division 20, Chapter 6.8 (Carpcntar-Preslcy-Tanner llazardous Substance ,Acoount Act), (Iii) defined era a "bwarduus 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 Adminiatrative Code, ,Division, 4, Chapter 20, (ix) dosignatod as a "hazardous substances" pursuant to Section 311 of the Clean Water Act, (33 U.S.C. 81317), (x) defined as a "hazardous waste" pursuant to Seed on 1004 of the Resource Conservation and Recovery Act, 42 U.S.C, 56901 et seq. (42 U.S,C. $8903) 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. f'OMPl IANCR WITH MYIRONMENTAL LAWS. To the hest ni`Tcnani.=Rcllcr's knowledge, the Premises and its use complies rwlth all appiivable laws and buvurnrnuntal regulations Including, without litnhation, all applicable federal, state and local laws pertaining to air and water 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 Reeov€ry and Comprehensive Environmental Response Compannation and Liability 25F-38 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 Rr ional Water Quality Control Board, the State Water Resources Control Board, the Envirornmontal protootion Agoney arAd all applicable &LIv,al,'tato and local agencies and bureaus. 23,—C—OUNTER'PARTS. This Agreement may be executed in counterparts and when so executed by both parties, each counterpart will constitute an original document. 24, BINDIN� �.. G t.VFECT. The terms, conditions, covenants and agrcomeni.v set forth herein shall apply to and bind the hoiri, oxccutors, adauinistratvr,, +usigns and successors of the parties hereto, 25. ENTIRE AGREEMENT. This Agreement contains the entire agreement between both parties; neither party relies upon any warranty or representation not contained in this Agroomont. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year set forth hereinabove. isiEnatutres appear on following page] 25F-39 Mailing Address of Tenant -Seller 2223 S. Bristol Santa Ana CA 92704 Mailing Address o03uyer 20 Civic Center Plana, M-30 Santa Ana, California 92701 Tenant -Seller Diane Rose Mendez I3y:-.l "3 2n� e,- Its: CIO,tYjR— Data: 1.9 Javier Mendez rAd' Orange County Community Funding, I.ne, Buyer THE Ci'I'Y OF SANTA ANA Raul Godinez II City Manager Date: Attest: Maria D, .Ruizar City Clerk 25F-40 Approved as to form: By; Jo i M.Fun$ A , istant City Attorncy Date:_ ZS -1 q — Recommended for Approval: 0 Fred Mousavipour Executive Director - public Works Agency 25F-41 LEGAL DESCRIPTION OF PROPFRTV Real property in the City of Santa Ana, County of Orange, Stato oFCa1i£ornia, danoribed er followo! LOT 189 OF TRACT 1192, I.N THE CITY OF SANTA ANA, COUNTY OF ORANGE, CAL,(PO,N.NIA AS PER MAP RECORDED IN UOUA Sy, PAUL(S) lb AND 17, OF MISCELLANEOUS MAPS IN TIIE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN; 015-194.28 10 25F-42 EXHIBIT B-WROV)KMENTS PERTAINING TO THE REALTY L QG p T T DVSCRTPn0N:V uEN IMPRO'VEMENTSPERTAININGTOTHEREALTV N A � RAN PLACE OLV E d L 25F-43 (NWFREj. WE'Afoed, AaM, W:(�awP iEcl'irfa 758 1 1 LOT CVO IN P'ER'IORCCNUI KVCI ION43A I NNUUu1 Q U ;WA4 G G 24322 (NVPRE) 15 2 (52)SF TILE FLOORING, NATURAL STONE 3 (5)Uf GRANITE COUNTER 24ZB 4 (S)LF CABINET, SOLID WOOD, NATURAL FINISH, ( LOT CIO INTERIOR .UPGRADL=S'-I"AWNIE.ROFFICE G G 24421 3,460 GERAMICORON FLUSH MOUNTED SINK, UPGRADED 16 (1,)BUILT-IN,EN7 RTA1NMENTCEATrRSWALL BRONZE FINISH SINGLE NECK FAUCET 5 CAU INC FTR ', 6W>Mr, W OOD, PAINTED, 3 G'LA55 B 1 LOT CEO INTERIOR CONSTRUCTION THROUGHOUT A A",q (NVPRE) 19 7 Co7)SF INTEREOR WALL, WOOD FRAMING, DBL 20 DRYWALL COVER, TEXTURED, PAINTED7 (464)SFOF INTERIOR WALL, OFFICES, WOOD FRAME, 243'9 DBL DR`rNALL CONSTRUCTION 2'$ IB (2) WINDOW, SLIDE. DBL PANE, 24" X35", 575 0 9 (T.). FRtNC7P1 IUUUK WOOL), 3VX78'H 10 (1) WINDOW, SLIDE', UN(. PANE, 24"X36", 11 (1.0) LF CAEMN'ET AND SHE:L'UI NG, WOW, PARENTED F .A 2436 12 (3); WINDOW, 'INTE'RK)Rl 24 X38", U5L PANE, SLIDER '.l3 (120)3FTILE,CER,AMIC,12" A A, 243T 25F-43 1 LUI rt dU VVINUEJIN COVER 758 5a0 2S 14 (21, W'INDO'W SHUTTEK 43"X4V, WOOD G G 24322 15 (21 WINDOW SHUTTER 50750`, WOOD G G 16 17 ( LOT CIO INTERIOR .UPGRADL=S'-I"AWNIE.ROFFICE G G 24421 3,460 2,785 0 16 (1,)BUILT-IN,EN7 RTA1NMENTCEATrRSWALL CAU INC FTR ', 6W>Mr, W OOD, PAINTED, 3 G'LA55 DOORS, 19 (33)LF X3SH, 4WAMSCOTING„ WOOD, PAINTED (NVPRE) 20 (49)LF 6. CROWN MOLDING, WOOD, PAWTED f FVPRZ) 21 2'$ 1 WINDOW C'O'VER (EDISF, VER'TIC'AL OLINDS, PLASTIC, 3" A A 9m 575 0 PANELS 23 24 1 FLOORING, (45MF WOOD LAMINATRE, fNVPRE) G G 2434 25 2E 1 ALARM SYSTEM, (1) MOTION 'SENSOR 256 oG5 0 EXTERIOR y 2 2E 1 LOT WO IMPROVEt1EIff5 (NVPfif) A .A 1,400 29 (79.S7sF OF BRWKF,NTRYWtaAY W4(aULLNOSE BRICK TRIM 25F-43 L q c Q T 00CRLPTIOI9:. Q u !I RCN FNIV IN OLV N Y IIAP'RQVEMiENT�'3 PERTRIC711 G 70 TM RMALTY N N � PLACE E D L 31 (119.5'XI0.9" ENTRMA1f'CANOPY, WOOD CON9TRLIOTioN, OhIIPsQRD R017F1PVG. GOMPLs((E COVER, PAINTED 32 33 1 5X T PRIOR WALL ACCENT, FLAGSTONE VENEER, (95)LF (MVPRE,I 34 35 3 MATURE TREES, I -Q CEEN2-FICUS C'MIFPRE; M 37 1 SIGNAGE, 4'XV,1LL'UM, MTL CMI.MET, DSL SIDED, PLASTIC SURFACE 38 39 1 PLANTER PART!ITIO N-(MVPRE) 40 41 1 MERIOR'UGHTINGC1C 42 (1') DHL BUL5, SPOT, MOTION SENSOR 43 (1) SECURITY LI GILT FCXFURE. ROOF MOUNTED LIGHT, Hi -PRP -'S5 SODIUM BULB 44 45 1 CARPOWr, 78Mr, 4"7,811.OXM, x.74 WOOD FRAIpI'IE CONSTRUCTION, CCIFIR6 QATEQ, GALV STL CO'VEA (NVrPRE) 4& 47 1 CONCRETE, DERIVE AND PAR1iM, (31)MAF, 8" RP_INFDRCED (ALL CO'N•CRErr: POURED AT SAME TIME. V90 APPF ARS OLDER DUE TO WEATHER AT TIME OF POUR, FEE DWN><R' 9HOWVED PICTURES OFPOUR WHICIA VERTFIESI (AIVPR93 G G 2457 A A 2489 A A 2454 5,832 3,791) 8 245"4 A A 525 5135 p F L 245@ G A 2455 4R 49 TOTAL IMPROVEMENTS PERTATNING TI1 TI1'E MALTY 'S 12.524 MIS 3 25 51 12 25F-44 EXIIIBIT C - MOVABLE EQUIPMENT CITY OF SAKT'AAN4 ACC FUNDING 2223 S. BRgST'OL C(O SOURI AMIRAN I FAIR MARKET VALUE @N -PLACE 0010, SOURCG ENOINrcRINra DATE OF VALUE: OCT OBER 7,201D L 4 DESCRIPTION: C 'q T TENmT MC'WEABLE FURRN)TBR£, PIXTLIRE'S AND ° u PIC N RCN rrAV m OLV e v EDUIPn7rN7 N A PLACE 7 2 3 4 5 5 7 6 4tl 11 12 13 14 15 10 17 18 19 20 21 22 23 24 a5 2B 2T 28 29 tq 31 32 33 04 35 36 37 38 39 40 4'1 42 7 LOT 00 MISC COMPUTER.' EQUIPMENT (1) MONITOR, FLAT SCREEN, 27, VI'EWSONIC (3) CPU, DELL, XPS (3 MOWTOR, 177 (I FPJNTER, 8AM$VmQ, M4WQ (2) MONUOR. IT (1) PP?,iNTER, BROTHER (2) W, MRP, rQUIOS, 47' {�) CPU, GENERIC (j PFJNTER, HP LF42M IID CPU, HP MEDIA CENTER PO ((1 PRINTER, CANON, MFC (16 ROUTER AND AW INTERNET CONNECTION NOT (1) PRINTER, VROTHER MFC 07M (1) PRINTER BROTHER MFC, 7420 (1'J9 COPIER, 5ER3X, CCC CENTER, 43DDC P A 2438 (1i P1.31NTER, HP PHOTOS AART7960 (1) MINTER, BROTHER, 6410d 1 4UTW PEnSMAL MUSIC EQUIPMENT INCLUDING 243C, BUT NOT LIMITED TO. SOUND BOARD, GUITAR AMP. PA SYSTEM,. NCT VALUED 1. LW UO OFFICE FURNITURE .AM A (8)cHAIRS, GUEST, FAUX LEATHER, CHROME SLED FRAME (4) CHAIR IXEC, LEATHER, R BACK (3 CHAIR, AS T, MISC FABRIC, ARMS, MISC STYLES (2) MANAGER CHAIR, FULL ERGO, FABRIC SEAT, MESH BACK (5) a -AIRS, GUE a7, FASRIC, NATURAL WOOD, STL FRAME V, UHAIR�5, QUI4i 1, 1§ I L H1ANIE 1 LOT CIO OFFICE DESKS F A (1) WOODILAM. 647, 054. PEO, a DRWR �1)WOODILgAAND OAK TRIM, TOP, 5DRWR 1) COMPUTER STATION, WOOD, V PWOODfLAh84NGLE PEI), D(1WR, V (1) VECCDILAM, SWGL'E PED 2 DRWR, W 'I LUI M MATCHING FURNITURE, (1) WOOD AND P& A WOOD LAMINATE, 7U' DEAF, WICURVED FRONT TCP' (2) FILE CABINETS, 2 DRWR,'3W LA7ER/AL 25F-45 9,733 4,360 400 4.213 1,605 200 21,500 580 50 2441 1.008 4;0 50 CfIY OF 5A6NTA ANA OCC FUNIa'{NG 2223 9, BRISTOL 'W SOURIANTIRANI FAIR 'MARKET VALUE IN-PLACE COIL SOURCE ENdINEERING DATE OF VALUE: OCT08ER7, 2415 I DESCRIPTION: T 6 w � ' FmV IN TENANT MOVEABLE FURNRURE, FOnRES AND PIC 1I RCN OLV' A PLACE, E Y EQUIPMENL© 43 (1) FILE CABINET, 2 ORWR, Uf COUNTER 44 45 1 LOT GIC} MATCHING FURNITURE, WILAM A A 2442 4,971 3,230 300 COUNTERS, PLASTIC' SURFACE DOORS, DECD STYLE, 45 (1)DI='St1 77, D3L PED,.5 DRWR 41 (1) WALL CASINE7,12,6'7C7 0"H, INCLUDING 1 FULL HIEoH7'oOc7 48 ('1)FULL HEIGHT GLASS'SHEVINGUdIT, .49 (1) CFIADENYA COUNTER AND CIHEAb SHELF, 67"' 80 51 ) LET b(d RI F CA3TIM A A 3,225 1.250 900 52 (2) HON, MdTL. 4 DRWR, LETTER. 53(a) MSL, 4 HNWA, LATERAL, j&54 (r WOOD, 6 ORWR, LEGAL, 62731Yfay 1 p Ntit., 2. iRWR, LAYERAL,16- FA (7) NM A•DRWR, I ATFRAI, 18" 57 (2 M. 2lORWR, LEGAL 58 (1 ) NMN 4DRWR,SECURITY, FIRE, LEG4,L31"DP 53 60 7 PHONE SETS, $80, LW DI$PLAY, MULTILINE 6'I 62 1 LOT 00 WALL ART, 5 FIECES,X X.'1ti"'1iYP SIZE 63, U. 1 LOT, C..OMISC'C4MPUT✓;REQUIPMENT 65 ())'BOOKCMSE,3TER. BT 'E5 (1) TABLE,4E7, POLDING 61 JI) VX. A -RlRf5 , UPRIGHT, CONTOUR "59 '�S MISC,COR'OIJESSPHONESM X65 p2 aDOROASI=, WOOD. 3'TIES, NATURAL I' IM1MGI 1, 20" 7C (1) WLLETIN, BOARD;,ZKV 71 (1) PRIN1"RSTANI7,'TXZ 72 1TA5 LE, COrFEE;WOODAAM, " 73 1; 5'9ARITIFICAL PLANT, T 74 75 TOTAL MOYCAPL,C:FF8E 76 25F-46 A A 2445 2,093 700 79 A A 646 380 50 785 275 40 $20.5.72 EiDlASO EXHIBIT 0 RECORDING REQLIEYt'LI) 13Y: THE CITY OF SANTA ANA AND WHEN RECORDED MAIL 10: Clerk of the Council City of Santa Ana 20 Civio Center Plaza, M-30 Santa Ana, Callfomla 92701 Exempt from Recording Fee Exempt from County Assessor's Parcel Number: 015-194-28 (2223 S, Bristol, Santa Ana, CA 92704) Transfer Tax FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DIANE ROSE MENDEZ, JAVIER MENDEZ DBA JIM REALTY, AND ORANGE COUNTY COMMUNITY FUNDING,INC. REMISE, RELEASE AND FOREVER QUITCLAIM to the THE CITY OF SANTA ANA, a charter city and municipal corporation duly organized under the Constitution and laws of the State of Califomia, the real property In the City of Santa Ana, County of Orange, State of Calitamia, described as all right title and interest in and to the following degcrihed real property in Exhibit A including any and all leasehold interest, title and Interest in and to the improvements pertaining to the realty which are attached or affixed in any manner to the following described real property specifically including, but not limited to the items in Exhibit B, list of Improvements Pertalning to the Realty, (fixtures and equipment), and Exhibit C, list of Movable Equipment attached hereto and by this reference made a part hereof, which are either generally or for purpose of this deed a part of that parcel of real property in the City of Santa Ana, County of Orange, State of California, described as follows: Grantor for himself, his heirs, representatives and assigns covenants and warrants that: 1) Grantor is the sole owner of the itemized Improvements Pertaining to the Realty and Movable Equipment conveyed by this Quitclaim Deed free from all liens and encumbrances, and 2) Grantor will defend the title and quiet enjoyment of the real property described above, Including all Improvements Pertaining to the Roalty, cgolnet all demands and ataims of all persons. SEE EXHIBIT "A" &'B" and "C" ATTACHED HERETO AND BY THIS REFERENCE MADE A PAR f HHHECIH IN WITNESS HEREOF, the granter homto has r_auand thig Qiffnlaim Deed to be executed as of thisvhy of &Ry'2018. 5F-47 Data: rat !! J Is g /,//-/ 9 ACKNOWLEDGMENT p ne'tary publi— cur queer officer completing thio certificate verifies only the identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validi of that document. State of CalifoLnia County of_, Rrha___ ) On.Unra4la `i L "��7f4a before me pAuLt —ME �a! F�t3c (insert irerne and tt of —the ct�, affloor) personmlly appeared . ti �PrsG bt vw pa. ,4ND JAV 1 E t E i" , wllo proved to me on the basis of satisfactory evidence to be the person whose namei6Y subscribed to the within instrument and acknowledged to me that WshejtD executed the same in t}iS7,1 e aUthoriZed Capacit ie , and that by biet'Lteggp signaturee;Don the instrument the person sor the entity upon behalf of which the persop acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the ruregoing paragraph is true and correct. r� BRAl1l,tA MENoEZ� D AI)LIO 223797 JN4D WITNESS my -hand and official seal. .�^ NOTARY PUBLIC- CALIFORNIA ORANdt COUNTY Q COMM. EXPIRES DEC' 1, 2021" QtitYd$.A41M 1 �D ^ PARGSL JVUMGVR 015.14W-26'�Z2 .,� S.F @tSib4 �i'. anM iP-)a 4) 25F-48 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: MEMORANDUM OF UNDERSTANDING WITH WESTERN EDUCATIONAL CORPORATION, DBA ORANGE COUNTY WORKFORCE INNOVATION HIGH SCHOOL TO PROVIDE GRANT FUNDED NON-TRADITIONAL HIGH SCHOOL DIPLOMA COMPLETION SERVICES THAT COMPLIMENT WORK CENTER PROGRAMS (STRATEGIC PLAN NO. 2;4) L�f CIW MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 13' 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 the Memorandum of Understanding with Western Educational Corporation, dba Orange County Workforce Innovation High School for grant funded non-traditional high school diploma completion services, subject to non -substantive changes approved by the City Manager and City Attorney. WORKFORCE DEVELOPMENT BOARD At its regularly scheduled meeting on January 18, 2018, the Workforce Development Board voted 11:0:1, Luviano abstained (Alegre, Lewis, McGowen, Perez, Ruiz, Sanchez, Smith absent) to sign a Memorandum of Understanding with Western Educational Corporation, dba Orange County Workforce Innovation High School. DISCUSSION Workforce Innovation Opportunity Act (WIOA) mandates that certain federal, state and local agencies formally partner with the local Workforce Development Board's (WDBs) to align investments in workforce, education and economic development with regional in -demand industries. Local WDB's are also encouraged to develop a Memorandum of Understandings (MOU) with organizations that will bring complementary services to the WORK Center and partners. 25G-1 MOU with Orange County Workforce Innovation High School February 20, 2018 Page 2 The Director of the Orange County Workforce Innovation High School approached staff, introduced their programs and services and requested entering into a MOU to serve young people who have not completed a high school diploma. The Orange County Workforce Innovation High School's engages student's ages 14-19 years of age who are no longer enrolled in a traditional education program to prepare students for work or college readiness through their integrated personalized coursework that will lead to a high school diploma by offering flexible schedules and one-on-one attention. This program is co -located with the Santa Ana Boys and Girls Club located at 950 Highland Street, Santa Ana. The primary intention of the MOU is for the WORK Center and its sub -contractors to have a partner relationship with a provider that can help young people who have dropped out or aged out of a traditional high school program earn their high school diploma. STRATEGIC PLAN ALIGNMENT Approval of this item support's the City's effort to meet Goal # 2 Youth, Education, Recreation, Objective #4 Partner with groups and organizations to promote education, senior services, job training and development for all Santa Ana residents. FISCAL IMPACT There is no fiscal impact associated with this item. R bert M. Zur S ied Interim Executiv i actor Community Development Agency RZS/DS/bz Exhibit: 1. Agreement 25G-2 EXHIBIT 1 I_Fi�ii_ *range County Workforcer o High School 25G-3 EXHIBIT 1 Memorandum of Understanding (MOU) Pursuant to the Worlrforce Innovation Opportunity Act of 2014 (WIOA) A. PARTIES The parties to this Memorandum of Understanding (MOU) are the Mayor and City Council of the City of Santa Ana, the Santa Ana Workforce Development Board (WDB), and Western Educational Corporation, dba Orange County Workforce Innovation High School (ADCC Partner). B. PURPOSE The Workforce Innovation and Opportunity Act (WIOA) requires that a MOU be developed and executed between the Local Board and the American's Job Center of California (AJCC) partners to establish an agreement concerning the operations of the AJCC delivery system, The purpose of the MOU, is to establish a cooperative working relationship between the parties and to define their respective roles and responsibilities in achieving the policy objectives. It serves to establish the framework for providing services to employers, employees, job seekers and others needing workforce services. California's one-stop delivery system, the AJCC, is a locally -driven system which develops partnerships and provides programs and services to achieve three main policy objectives established by the California Workforce Development Strategic Plan, which includes the following: 1. Foster demand -driven skills attainment 2. Enable upward mobility for all Californians 3. Align, coordinate, and integrate programs and services These objectives will be accomplished by ensuring access to higb-quality AJCC that provide the full range of services available in the community for all customers seeking the following: 1. Looking to find a job 2. Building basic educational or occupational skills 3. Earning a postsecondary certificate or degree 4. Obtaining guidance on how to make career choices 5. Seeking to identify and hire skilled workers C. LOCAL/REGIONAL VISION STATEMENT, MISSION STATEMENT, AND GOALS Santa Ana's vision rests on integrating current and future resources through its WDB partners. Integration suggests more than partnering or assembling multiple finding sources, It means making certain that all elements of the workforce support system work together to create synergy for its target populations by offering inviting and seamless services, wherever a client enters the system. Santa Ana's vision also embraces the future, as all visions should. It spawns new industries and clusters and changes old ones. It generates fresh workforce opportunities in the process. The Santa Ana WDB's strategic plan rests not only on strengths of its current industrial base, but also the demands of emerging business and economic trends. Page 2 of 12 25G-4 EXHIBIT 1 Finally, Santa Ana's vision is sensitive to the needs of its unique demographics and regional mix. As a major supplier of workforce for surrounding communities, Santa Ana is firmly embedded in its regional and cluster matrix. Santa Ana's implementation of the vision entails enhancing business and supports social and educational services and access to them, mostly though not exclusively through its WORK Center and WDB. An effective efficient administration is necessary to deliver the services that make each of these strategies effective. The Santa Ana WDB's overall strategies; 1. Identify regional clusters most likely to create new jobs in which Santa Ana's workforce can participate and the foundational requirements of such jobs; 2, Expand small business development support as a creator of new jobs and method for growing the local tax base; 3. Educate Santa Ana's current and future workforce through classroom pre -training and training activities, plus on-the-job training and workforce skill enhancement activities; 4. Offer career pathway programs for both unemployed and employed adults and youth; 5. Increase access to jobs for disconnected and underserved populations, especially youth; 6. Organize, integrate and support social and other services through the WDB's network of partnerships, volunteer organizations, and established institutional resources; and 7. Assure funding from all public, private, and other sources in support of its programs. D. ONE-STOP SYSTEM, SERVICES The ADCC, currently located at the Santa Ana Regional Transportation Center (hereinafter referred to as the Santa Ana W/O/R/K Center), 1000 E. Santa Ana Blvd., shall provide and/or coordinate WIOA services to individuals, providing them with the necessary skills to participate in building a world- class workforce in Santa Ana. In January of 1996, the Santa Ana W/O/R/K Center opened its doors as the first universal access One -Stop in the County of Orange designed to meet the employment placement assistance and training needs of the community through workforce and economic development. The Santa Ana W/O/R/K Center offers the community a variety of informational, employment and training services based on individual needs. Those needs are met by the combined efforts of the Santa Ana W/O/R/K Center partners which include the Employment Development Department (EDD), Orange County Social Services Agency (SSA), Rancho Santiago Community College District (RSCCD), State Department of Rehabilitation, Boys & Girls Club of Santa Ana, City of Santa Ana Economic Development Department, and several other agencies. The Santa Ana W/O/R/K Center is located in the city of Santa Ana which ranks as the fourth densest city in the entire nation. Santa Ana's workforce faces unique challenges based on its population base, its industrial growth, and its economic position. Santa Ana is the second oldest and second most populous incorporated city in Orange County compared to Anaheim, and its median household income ranks nearly the same, near the bottom of incorporated Orange County cities. However, fruitful comparison ends here. Many of Santa Ana's residents speak Spanish at home as their primary or additional language. Santa Ana also is a particularly young population, with almost a quarter of its population under 18 than the state norm. Add to this an exceptionally high drop-out rate for local schools. These issues create a unique flavor for Santa Ana the city. They impact almost every element of work and work preparedness, including their underlying education, youth culture, industry distribution, and other drivers. The AJCC, through its central location at the Santa Ana Regional Page 3 of 12 25G-5 EXHIBIT 1 Transportation Center, 1000 E. Santa Ana Blvd., shall provide and/or coordinate WIOA services to individuals, providing them with the necessary skills to participate in building a world-class workforce in Santa Ana. Services and referrals provided at the Santa Ana W/O/R/K Center may include, but are not limited to, the following: Basic Career Services: 1. Eligibility Determination 2. Outreach, intake, and orientation to information and services 3. Initial assessment of skill levels including literacy, numeracy, and English proficiency; and aptitudes, abilities and support service needs 4. Labor exchange services - Job Search and placement assistance and career counseling including Info on in -demand industry sectors and occupations Info on nontraditional employment S. Recruitment and other business services on behalf of employers 6. Provision of referrals to coordination of activities with other services including those within the one stop and other workforce development programs 7. Provision of workforce and labor market employment statistics info including: a) Job vacancy listings in labor market areas b) Info on job skills needed to obtain the vacant jobs c) Info relating to in -demand occupations including earnings, and opportunities for advancement 8. Provision of performance and program cost info on the ETPL eligible programs by program and type of provider 9. Provision of info in understandable formats and languages about performance against performance accountability measures 10. Provision of regarding support services 11. Provision of info and assistance in filing UI claims 12. Assistance in establishing eligibility for programs of financial aid assistance for training and education programs not funded through WIOA Individualized Career Services: 1. Comprehensive and specialized assessment of skill levels and service needs including: 1. Diagnostic testing and other assessment tools 2. In-depth interview and evaluation to determine barriers and goals 2. Development of IEP to identify goals, objectives, and services 3. Group Counseling 4, Individual Counseling 5. Career Planning 6. Short-term pre -vocational services including development of learning skills, communication skills and other soft skills to prepare individuals for employment or training 7. internships and work experiences that are linked to careers 8. Workforce preparation activities including basic academic and obtaining other skills necessary for successful transition into postsecondary education, training or employment 9. Financial literacy services 10. Out -of area job search assistance and relocation assistance 11. English language acquisition and integrated education and training program Page 4 of 12 25G-6 EXHIBIT 1 Training Services: 1. Occupational skills training 2. On -the -Job training 3. Incumbent worker training 4. Programs that combine workplace training with related instruction, which may include cooperative education programs 5. Training programs operated by the private sector 6. Skill upgrading, and retraining 7. Entrepreneurial training programs 8. Transitional jobs 9. Job readiness training provided in combination with any of the aforementioned training Services. 10. Adult education and literacy activities, including activities of English language acquisition, and integrated education and training programs provided concurrently or in combination with any of the aforementioned training services. 11, Customized training The ADCC Partner Service Matrix is attached hereto as Exhibit A and incorporated herein by this reference. E. RESPONSIBILITY OF ADCC PARTNERS The AJCC partner agrees to the responsibilities required of all partners under WIOA Section 121(b). In addition, to participate in joint planning, plan development, and modification of activities to accomplish the following: 1. Continuous partnership building. 2. Continuous planning in response to state and federal requirements. 3. Responsiveness to local and economic conditions, including employer needs. 4. Adherence to common data collection and reporting needs utilizing the State of California Ca1JOBSsM system. Make the applicable service(s) applicable to the partner program available to customers through the one-stop delivery system. Partners agree to the co -enrollment of mutual customers in case management to better leverage the resources available for the benefit of the participant and enhance successful outcomes. Participate in capacity building and staff development activities in order to ensure that all partners and staff are adequately cross -trained Participate in the operation of the one-stop system, consistent with the terms of the MOU and requirements of authorized laws. All partners agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or involves police authorities. The Santa Ana AJCC Partner Services is attached hereto as Exhibit B and incorporated herein by this reference. F. CROSS REFERRALS The America's Job Center of California Partners agreed upon referral process will ensure the following: Page 5 of 12 25G-7 EXHIBIT 1 1. Intake and referral processes are customer -centered with the intent to provide high quality customer service. 2. Ensure that general information regarding AJCC programs, services, activities and resources shall be made available to all customers as appropriate. 3. Will be made electronically, through traditional correspondence, verbally or through other means determined in cooperation with partners and operators. 4. Will provide a direct link or access to other AJCC partner staff that can provide meaningful information or service, through the use of co -location, cross training of AJCC staff, or real-time technology (two way communication and interaction with AJCC partners that results in services needed by the customer). Referral process will include specific staff name, the activity required, desired outcome and a method for conummicating back to the referring agency that the service was addressed. G. ACCESS FOR INDIVIDUALS WITH BARRIERS TO EMPLOYMENT All parties' commitment to offer priority for services to recipients of public assistance, other low- income individuals, or individuals who are basic skills deficient when providing individualized career services and training services with WIOA adult funds. WIOA provides a focus on serving "individuals with barriers to employment," defined in WIOA section 3(24) and seeks to ensure access to these populations on a priority basis. Individuals with barriers to employment" is defined as a member of for more of the following populations: 1) Displaced homemakers, 2) Low-income individuals. 3) Indians, Alaska Natives, and Native Hawaiians, 4) Individuals with disabilities, including youth who are individuals with disabilities. 5) Older individuals. 6) Ex -offenders. 7) Homeless individuals, or homeless children and youths. 8) Youth who are in or have aged out of the foster care system. 9) Individuals who are English language learners, individuals who have low levels of literacy, and individuals facing substantial cultural barriers. 10) Eligible migrant and seasonal farmworkers. 11) Individuals within 2 years of exhausting lifetime eligibility under part A of title IV of the Social Security Act. 12) Single parents including single pregnant women. 13) Long-term unemployed individuals, 14) Such other groups as the Governor involved determines to have barriers to employment. Section 134(c)(3)(E) of WIOA establishes a priority requirement with respect to funds allocated to a local areas for adult employment and training activities. Under this section, one-stop center staff responsible for those fiords must give priority to recipients of public assistance, other low-income individuals, and individuals who are basic skills deficient in the provision of individualized career services. Priority must be provided in the following order: 1) To veterans and eligible spouses who are also included in the groups given statutory priority for WIOA adult formula fiords. This means that veterans and eligible spouses who are also recipients of public assistance, other low-income individuals, or individuals who are basic Page 6 of 12 25G-8 EXHIBIT 1 skills deficient would receive first priority for services provided with WIOA adult formula funds. 2) To non -covered persons (that is, individuals who are not veterans or eligible spouses) who are included in the groups given priority for WIOA adult formula funds. 3) To veterans and eligible spouses who are not included in WIOA's priority groups. 4) To non -covered persons outside the groups given priority under WIOA. See AJCC System Map that identifies the location of the AJCC and, its affiliates, The AJCC System Map is attached hereto as Exhibit C and incorporated herein by this reference. H. SHARED TECHNOLOGY AND SYSTEM SECURITY WIOA emphasizes technology as a critical tool for making all aspects of information exchange possible, including client tracking, common case management, reporting, and data collection, utilizing the State of California Ca1JOBSsm system. To support the use of these tools, each AJCC Partner agrees to the following: 1. Comply with the applicable provisions of WIOA, Welfare and Institutions Code, California Education Code, Rehabilitation Act, and any other appropriate statutes or requirements. 2. The principles of common reporting and shared information through electronic mechanisms, including shared technology. 3. Commit to share information to the greatest extent allowable under their governing legislation and confidentiality requirements. 4. Maintain all records of the AJCC customers or partners (e.g. applications, eligibility and referral records, or any other individual records related to services provided under this MOU) in the strictest confidence, and use them solely for purposes directly related to such services. 5. Develop technological enhancements that allow interfaces of common information needs, as appropriate. 6. Understand that system security provisions shall be agreed upon by all partners. I. CONFIDENTIALITY: The WDB agrees that when any individual applies for or receives services from the partner agency through the America's Job Center of California Center, all information regarding such application for or receipt of services shall be confidential information subject to the WIOA provisions, The parties agree to honor the confidentiality provisions as described in the local WIOA plan, including modifications thereto, and incorporated into this MOU by reference. Exchanged information shall remain private and confidential in accordance with the most restrictive confidentiality requirements of any of the parties collecting, receiving or sharing information. The AJCC Partner agrees to comply with the provisions of WIOA as well as the applicable sections of the Welfare and Institutions Code, the California Education Code, the Rehabilitation Act, and any other appropriate statute or requirement to assure the following: 1. All applications and individual records related to services provided raider this MOU, including eligibility for services and enrollment and referral, shall be confidential and shall not be open to examination for any purpose not directly connected with the delivery of such services, 2. No person will publish, disclose use, or permit, cause to be published, disclosed or used, any Page 7 of 12 25G-9 EXHIBIT 1 confidential information pertaining to AJCC applicants, participants, or customers overall unless a specific release is voluntarily signed by the participant or customer. The AJCC partner agrees to abide by the current confidentiality provisions of the respective statutes to which AJCC operators and other AJCC partners must adhere, and shall share information necessary for the administration of the program as allowed under law and regulation. The AJCC partner, therefore, agrees to share client information necessary for the provision of services such as assessment, universal intake, program or training referral, job development or placement activities, and other services as needed for employment or program support purposes. 4. Client information shall be shared solely for the purpose of enrollment, referral or provision of services. In carrying out their respective responsibilities, each party shall respect and abide by the confidentiality policies of the other parties. J. FUNDING OF SERVICES AND OPERATION COST It is expressly understood that Phase I MOU does not constitute a binding financial commitment, but rather an intent to commit specific resources in the future as the parties' allocations and budgets are known and the America's Job Center of California system evolves. For those partners that will require a cost sharing agreement, cost will be based on proportionate use and agreed upon methodology as applicable. This is to be determined during phase Il of the MOU which should be completed by January 01, 2018. AJCC partners with shared costs will be reviewed yearly and maybe modified as needed by any partner as long as it is identified as a revision, and it is signed and dated by the applicable parties. K. NON-DISCRIMINATION AND EQUAL OPPORTUNITY The AJCC partner shall not unlawfully discriminate, harass or allow harassment against any employee, applicant for employment or AJCC. applicant due to gender, race, color, ancestry, religion, national origin, veteran status, physical disability, mental disability, medical condition(s), age, sexual orientation or marital status. The AJCC partner agrees to comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12990) and related, applicable regulations. The AJCC partner will assure compliance with the Americans with Disabilities Act of 1990 and its amendments, which prohibits discrimination on the basis of disability, as well as other applicable regulations and guidelines issued pursuant to the Americans with Disabilities Act. L. GRIEVANCES AND COMPLAINTS PROCEDURE The AJCC partner agrees to establish and, maintain a procedure for grievance and complaints as outlined in WIOA. The process for handling grievances and complaints is applicable to customers and partners. These procedures will allow the customer or entity filing the complaint to exhaust every administrative level in receiving a fair and complete hearing and resolution of their grievance. The partner further agrees to communicate openly and directly to resolve any problems or disputes related to the provision of services in a cooperative manner and at the lowest level of intervention possible. All partners agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or involves police authorities. M. AMERICAN'S WITH DISABILITIES ACT AND AMENDMENTS COMPLIANCE 'The AJCC partner agrees to ensure that the policies and procedures as well as the programs and services provided at the AJCC are in compliance with the Americans with Disabilities Act and its Page 8 of 12 25G-10 EXHIBIT 1 amendments. Additionally, partners agree to Rilly comply with the provisions of WIOA, Title VII of the civil Rights act of 1964, the Age Decimation Act of 1975, Title IX of the Education Amendments of 1972, 29 CRF Part 37 and all other regulations implementing the aforementioned laws. The WDB and the America's Job Center of California partners will ensure that policies and procedures established by the WDB and the America's Job Center of California partners are in compliance with the Americans with Disabilities Act (ADA). N. DURATION This MOU shall become effective December 01, 2017 and terminate July 20, 2020. The term of this MOU shall be three years. The MOU will be reviewed not less than once every three years to identify any substantial changes that have occurred. This MOU will remain in effect until (i) terminated by the repeal of the Workforce Investment Act or otherwise by action of law, or (ii) with respect to the America's Job Center of California Partner, the date on which such America's Job Center of California partner withdraws from the MOU pursuant to the third paragraph of this Section N and / or Section P. Should any America's Job Center of California Partner withdraw, this MOU shall remain in effect with respect to other remaining America's Job Center of California Partners. This MOU is of no force or effect until signed by authorized representatives of the participating agencies, and approved by the Chief Local .Elected Official or his/her designee. The MOU, once signed, becomes part of the local WIOA Plan. Any party may withdraw from this MOU by giving written notice of intent to withdraw at least 30 calendar days in advance of the effective withdrawal date. If agreed to by all parties, the timeframes for notice may be reduced or extended. Notice of withdrawal shall be given to the WDB at the address listed in the signed attachments of this MOU, and to the contact person so listed, considering any information updates received by the parties pursuant to Section 1. Courtesy notification shall be made to all parties of this MOU in a timely manner. O. MODIFICATIONS AND REVISIONS This MOU constitutes the entire agreement between the parties and no oral understanding not incorporated herein shall be binding on any of the parties hereto. This MOU may be modified, altered, or revised, as necessary, by mutual consent of the parties, by the issuance of a written amendment, signed and dated by the parties. Assignment of responsibilities under this MOU by any of the parties shall be effective upon written notice to the WDB. Any assignee shall also commit in writing to the terms of this MOU, P. TERMINATION The parties understand that implementation of the AJCC system is dependent on the good faith effort of every partner to work together to improve services to the community. The parties also agree that this is a project where different ways of working together and providing services are being tried. In the event that it becomes necessary for one or more parties to cease being a part of this this MOU, said entity shall notify the other parties, in writing, 30 days in advance of that intention. Q. ADMINISTRATIVE AND OPERATIONS MANAGEMENT SECTIONS 1. ]License for Use During the tern of this MOU, all partners to this MOU shall have a license to use all of the space of the AJCCs for the sole purpose of conducting acceptable AJCC services as outlined herein. Page 9 of 12 25G-11 EXHIBIT 1 2. Supervision/Day to Day Operations The day-to-day supervision of staff assigned to the AJCCs will be the responsibility of the site supervism(s). The original employer of staff assigned to the AJCCs will continue to set the priorities of its staff, Any change in work assignments or any problems at the worksite will be handled by the site supervisor(s) and the management of the original employer. The office hours for the staff at the AJCCs will be established by the site supervisor(s) and the primary employer. All staff will comply with the holiday schedule of their primary employer and will provide a copy of their holiday schedule to the operator and host agency at the beginning of each fiscal year. Disciplinary actions may result in removal of co -located staff from the AJCCs and each party will take appropriate action. Each party shall be solely liable and responsible for providing to, or on behalf of, its employee(s), all legally -required employee benefits. In addition, each party shall be solely responsive and save all other parties harmless from all matters relating to payment of each party's employee(s), including compliance with social security withholding, workers' compensation, and all other regulations governing such matters. All partners agree to inform each other immediately when a customer violates an established policy that would require them to be banned from the center or involves local police authorities. 3. Disputes The parties shall first attempt to resolve all disputes informally, Any party may call a meeting of all parties to discuss and resolve disputes. Should informal resolution efforts fail, the dispute shall be referred to the Chair of the WDB, who shall place the dispute upon the agenda of its next regular or special meeting of the Board's Executive Committee. The Executive Committee shall attempt to mediate and resolve the dispute. Finally, if the Executive Committee's resolution efforts fail, any party may file a grievance in accordance with the State of California's W10A grievance procedures, The parties agree to be bound by the final determination resulting from that procedure, Each party shall be responsible for its own costs and legal fees associated with any dispute resolution procedure, including but not limited. to informal, formal, mediation and litigation. 4. Press Releases and Communications All parties shall be included when communicating with the press, television, radio or any other form of media regarding its duties or performance under this MOU. Participation of each party in press/media presentations will be determined by each party's public relations policies. Unless otherwise directed by the other parties, in all communications, each party shall make specific reference to all other parties. The parties agree to utilize the AJCC logo developed by the State of California and the Local Board on buildings identified for AJCC usage. This also includes letterhead, envelopes, business cards, any written correspondence and fax transmittals. Page 10 of 12 25G-12 EXHIBIT 1 The SAWC shall provide wall signage listing the names of current participating partners, Where practical, the Santa Ana WORK Center will list partner agencies on forms and marketing materials distributed to the public. 5. Bold Harmless/Indemnification/Liability In accordance with provisions of Section 895.4 of the California Government Code, each signatory hereby agrees to indemnify, defend and hold harmless all other signatories identified in this MOU from and against any and all claims, demands, damages and costs arising out of or resulting from any negligent acts or omissions of a party's employees or agents which arise from the performance of the obligations by such indemnifying party pursuant to this MOU. In addition, except for Departments of the State of California which cannot provide for indemnification of court costs and attorney's fees under the indemnification policy of the State of California, all signatories to this MOU agree to indemnify, defend and hold harmless each other from and against all court costs and attorney's fees arising out of or resulting from any negligent acts or omissions of a party's employees or agents which arise from the performance of the obligations by such indemnifying party pursuant to this MOU, It is understood and agreed that all indemnity provided herein shall survive the termination of this MOU. R. SEVERABILITY If any part of this MOU is found to be null and shall remain in force. void, or is otherwise stricken, the rest of this MOU S. JURISDICTION: Jurisdiction over any disputes under this MOU shall reside in Orange County, California. T. INSURANCE: The America's Job Center of California Partners agree that their current in force insurance or self-insurance coverage programs shall apply to their operations performed under the Workforce Investment Act and at the WORK Center, including commercial general liability, property damage liability, business personal property, workers' compensation and employee dishonesty/crime coverages, The City of Santa Ana shall be named as additional insured for such insurance and the coverage shall be primary and non-contributory with regard to the City. U. AUTHORITY AND SIGNATURES: The individuals signing this MOU and its attachments, which are incorporated herein by reference, have the authority to commit the party they represent to the terms of this MOU, and do so commit by signing. Page 11 of 12 25G-13 EXHIBIT 1 THIS MEMORANDUM OF UNDERSTANDING is hereby signed and agreed to on the date first written above. FOR TITS CITY OF SANTA ANA Attest: Maria D. Huizar, Clerk of the Council Recommended For Approval: City Of Santa Ana: Raul Godinez I1, City Manager Robert M. Zur Schtniede, Interim Executive Director Ryan Community Development Agency FOR SANTA ANA WORKFORCE DEVELOPMENT BOARD Lee McMurtray, Chair FOR AMERICA'S JOB CENTER OF CALIFORNIA PARTNER Form: o, City Attorney City Attorney Western Educational Corporation An OranRe County Workforce Innovation High School. AJCC Partner Dr, Steve Gocke, EVP Operations 177 Holston Drive Lancaster CA 93535 Address Date Page 12 of 12 25G-14 IR X L d� m Q,1 V L N L L m V V m Qqp 8Y sm w ! u r w od E ti d tnp�a u m d c6 `a m co o ®, c wW E m u E c Q "c ' w v a ,n E z Z u v E m N N C 7 U OJ a NL o 0 V1 W m r- 0 Q Po Q G G flu N L G L 0 N 4 EXHIBIT 1 25G-15 EXHIBIT 1 w a � � m cOc� s o ' tG 5N b 0 o° tC H iU V] N N O 8 O 0, O l N .k O ,N 0 4, bQ'° Q �, � o � v b b Al p ti .o b ."+ U O Ao 09 R on �j a p y o R M -� a •'� N CC, Ii .5° tj op0 cc 40 N ro o s� v ,b o wo �3ha' b -do NNI O N � O � [+ 0.i ' .d •'� `� r'ti{• L � �+�i � `. ? N L,' '� •�yy b0 O `}y�J 41 � }' va 'c� � � (�� •yam �.. N • q�q r 4l � � ray O � 0� • b �j+ 't0^d � PI � W m O O O G ( N ',� Ia- id �j �'J '� iJ N fya �" 'C r,L O •i"' Qj o —00 13 �; t! a o q b9' ca P a W 'o w d ,P.. N N ce •'� '� as a.o N b U .° W 3 .� o rr r <r vI 25G-16 OE ff EXHIBIT 1 25G-17 H 0 ° N N N �^ p0 ~N~ H 4 M A y P b d a U ° w Ju m a 'o5U 'd> 'Gu 6b ppO, ^2 W W W W OE ff EXHIBIT 1 25G-17 H 0 H b rl C U EXHIBIT 1 25G-18 ►i LE h a a y v r o6 EXHIBIT 1 l h1 epi 25G-19 x. EXHIBIT 1 ° ) � \ 2 ) $Aw§# aa)§)Juf 25G-20 SANT a e O l A M 1. JOB CENTER O CALIFORNIA AND ITS PARTNERS Santa Ana WORK Center America's Job Center of California 1000 E. Sante Ana Olvd„ #200 Santa Ana, CA 92701 Partners: Employment Development Department State Department of Rehabilitation O.C. $Octal Services Agency Goodwill Industries 5075onior Aid Program 5 Centennial Adult Education 2900 W. Edinger Ave, Santa Ana, CA 92704 Sam Ana College 3 1530 W, 17th St. Santa Ana, CA 02706 C llege&Workforce Praperation Center 1572 N. Main St, Orange, CA 92867 State Department of Rehabilitation 709The City Drlve, Suite 110 Orange, CA 92868 Social Services Agency 19285, Grand Ave. Santa Ana, CA 92706 CTE7ROP Valley High School % 16015. Greenville Santa Ana, CA 92704 H Long Desch Job Corps 1903 Santa Fe Ave. Long Death, CA 90910 Southern California i1 Indian Center 10175 Slater Ave, 9150 Fountain Valley, CA 92708 0Community Action 0 Partnership of O.C, 11870 Monarch 4t. Garden Grove, CA 92841 25G-22 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: APPROVE AN AGREEMENT WITH OVERDRIVE, INC. FOR DIGITAL CONTENT HOSTING AND DISTRIBUTION, SUCH AS E -BOOKS, E -AUDIO AND VIDEO STREAMING (STRATEGIC PLAN NO. 5,413) r CIT 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 Authorize the City Manager and Clerk of the Council to execute an agreement with Overdrive, Inc. to provide hosting services and digital content in an annual amount not to exceed $36,000, for the period March 1, 2018 to February 28, 2021, for a, total agreement amount of $108,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On December 14, 2017, a Request for Proposals (RFPs) was issued to solicit proposals for providing an eBook content platform and electronic resource content. An evaluation committee consisting of four representatives from the City of Santa Ana Public Library reviewed and rated the proposals. The proposals were evaluated according to the criteria listed in the RFP, which includes qualifications, content selection, and cost. The results of the RFP evaluation were as follows: Vendor Average Score Overdrive 87 Bibliotheca 75 Hoopla 74 Baker & Taylor 71 Recorded Books 60 Mackin 58 The digital collection has become an essential part of the E -Library service, and is identified as a component of the City's Strategic Plan. As such, staff recommends entering into an agreement with Overdrive, Inc., the highest ranked firm, for a three-year period. This service is necessary to 25H-1 Agreement with Overdrive, Inc. for Digital Content Hosting and Distribution February 20, 2018 Page 2 ensure that the City of Santa Ana can offer its community digital resources comparable with those of other local library systems. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #4 (Support neighborhood vitality and livability), Strategy B (Improve neighborhood quality by locating or providing access to complementary services and public facilities, including access to healthy food options (community gardens, farmers' markets, corner markets, etc.) in neighborhoods). FISCAL IMPACT Funds are available and will be budgeted in the following account for the specified years: Unit Plan -Contractual Svcs. e - - �� Gerardo Mouet Executive Director Parks, Recreation and Community Services Agency EXHIBIT: 1. Agreement — Overdrive, Inc. FY 17/18 FY 18/19 FY19/20 8-62300) $36,000 $36,000 APPROVED AS TO FUNDS AND ACCOUNT: Francisco Gutierrez � Executive Director Finance and Management Services Agency 25H-2 AGREEMENT TO PROVIDE AN eBOOK CONTENT PLATFORM FOR THE SANTA ANA PUBLIC LIBRARY COLLECTION THIS AGREEMENT is made and entered into this 20th day of February, 2018 by and between OverDrive, Inc., a Delaware 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. On December 14, 2017, the City issued a Request for Proposal ("RFP") No. 17-141, by which it sought a consultant to provide an eBook content platform and electronic resource content for the Santa Ana Public Library collection and compatible with its integrated library system. B. Consultant submitted a responsive proposal that was selected by the City. Consultant represents that Consultant is able and willing to provide the services described in the scope of work that was included in RFP No. 17-141 and further delineated in Exhibit A. 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 the services that are described in Exhibit A including but not limited to hosting a digital online e -library providing e -books in both English and Spanish, audio books in both English and Spanish, streaming videos, young adult content and teen content. Consultant's proposal dated December 29, 2017 and is 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 for City, the rates and charges identified in Exhibit B. The total amount to be expended during the term of this Agreement shall not exceed $108,000.The annual amount to be expended shall not exceed $36,000 which entails a $6,000 yearly hosting fee and $30,000 per year for content. b. Consultant agrees and understands that the continuation of this Agreement for years 2 and 3 is contingent upon the City obtaining available funding for these services. Should funding not become available, the Agreement is subject to termination as detailed below in Section 15. Page 1 of 8 25H-3 c. Payment by City shall be made within 45 days (forty-five) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the standards of performance set forth in the Recitals which may reasonably be expected by City. 3. TERM This Agreement shall commence on March 1, 2018 for a three (3) year term until February 28, 2021, 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 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 Page 2 of 8 25H-4 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 oceturence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, and representatives as additional insured(s); (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Consultant is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: i. Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. ii. Certificates of insurance shall be Da nished 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 indemnify the City for any work performed prior to approval of insurance by the City. Page 3 of S 25H-5 INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, contractors, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant, its subcontractors, agents, employees, or other persons acting on its behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. 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. 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. Page 4 of 8 25H-6 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 infonnation. 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. 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. 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 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 is not embodied herein. Page 5 of 8 25H-7 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. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. 17. JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 18. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and Page 6 of 8 25H-8 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 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. 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: Executive Director, Parks, Recreation and Sonia R. Carvalho Community Services Agency City Attorney City of Santa Ana City of Santa Ana 20 Civic Center Plaza (M-75) 20 Civic Center Plaza (M-29) P.O. Box 1988 P.O. Box 1988 Santa Ana, California 92702 Santa Ana, California 92702 Fax: 714-627-4211 Fax: 714- 647-6515 To Consultant: OverDrive, Inc. One OverDrive Way Cleveland, OH 44125 Attn: General Counsel Fax 216-573-6889 25H-9 Page 7 of 8 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. 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 FORNI: SONIA R. CARVALHO City Attorney By ` oua, A. io�L Laura A. Rossini Senior Assistant City Attorney RECOMMENDED FOR APPROVAL: GERARDO MOUET Executive Director Parks, Recreation and Community Services Agency CITY OF SANTA ANA Raul Godinez II City Manager CONSULTANT: By: Erica Lazzaro Title: General Counsel Page 8 of 8 25H-10 EXHIBIT A SCOPE OF SERVICES 25H-11 she immediately entered the book industry full time and has fallen in love with it ever since. Sarah has been an Account Specialist with OverDrive for two years and she currently works with West Coast libraries from Alaska to Hawaii. In the event of Sarah's unavailability, her manager, Leslie Prusinski will assist with any matters that may arise. Meghan Volchko, Collection Development Specialist: Meghan assists Santa Ana and other public libraries develop their collections through reporting and analysis, budgeting, marketing programs like book clubs, and more. Meghan's love of libraries started early, hiding in the book drop while her grandmother worked the circulation desk at her local public library. Meghan graduated with an MLIS from Kent State University, then worked in academic libraries until coming to OverDrive in 2014, where she has worked for the last 3 years with public libraries on the West Coast and in Arizona. In the event of Meghan's absence, the OverDrive Collection Development Analyst for Santa Ana Public Library, Emma Dwyer, or her director, Karen Estrovich, will assist with any collection development needs. Sarah and Meghan will utilize their work time as necessary to provide any and all assistance requested by Santa Ana Public Library related to the OverDrive service. OverDrive does not utilize subcontractors to provide the services proposed in this bid. Implementation Plans As an existing OverDrive customer, there would be no required new implementation to maintain the current service for the start of a new contract. The following provides information regarding the OverDrive platform, support options, and features, including specific options currently utilized by Santa Ana Public Library- such as the multilingual interface and availability of Kindle format (available for library lending only from OverDrive). Authentication Santa Ana Public Library connects to OverDrive through their TLC system in order to validate patrons. They are currently using a SIP connection in order to provide seamless access to users. As of 2017, Santa Ana is also using Content Access Levels in order to help Juvenile users only see age appropriate content. if Santa Ana were ever to change ILS systems, OverDrive would be able to assist with the settings for the OverDrive platform at no charge. OverDrive is able to work with nearly every ILS vendor on the market including Polaris, Innovative, SirsiDynex, Koha, and Evergreen. OverDrive is also able to authenticate using Patron API connections, rather than SIP, and allow any library to use our OverDrive APIs in order to better their catalog. The addition of APIs to a library's catalog would then allow users to checkout titles, place holds, and see availability before even going to the OverDrive site. 25H-12 OverDrive-Hosted Digital Collection OverDrive's all new, redesigned and optimized customer facing website offers unparalleled navigation and personalization for patrons (httos://santaanai)ubliclibrary.overdrive.com/). When the patron first visits the library -branded page (all system -wide updates are also included at no additional cost), they will encounter curated collections designed by their library's staff. They can also choose between different language interfaces, including the English, Spanish and Simplified Chinese options currently available at the Santa Ana Public Library site. OverDrive offers many other foreign language UI options to allow for the widest possible audience to have the capability to utilize the digital collection. Sema aoa a�mm ue�ary 14„ ••n.• ••.••• ^• DmCuNm7ibby "' �Nnunn, ruPC[�ilRuy - as+mowIBM OverDrive's all new customer facing website in multiple languages, with redesigned covers, navigation, predictive search, and account capabilities 25H-13 Santa<v VuWk {AMary miw. r...�e...,.n �-^ DmCuNm7ibby "' �Nnunn, ruPC[�ilRuy - as+mowIBM OverDrive's all new customer facing website in multiple languages, with redesigned covers, navigation, predictive search, and account capabilities 25H-13 If a patron is already logged in with their library card to the patron -facing website (the library card number can also be stored on their device to avoid logging in every time), a title can be checked out in a one click. As shown in the screenshot below, a patron can easily identify available content for borrowing, as well as easily see when they are able to place a hold on a title to join the waitlist. Once the patron clicks the blue "BORROW" button below, the title is automatically added to the patron's bookshelf, where they can instantly read it in their browser by utilizing the OverDrive Read (browser -based) eBook format without any required software programs (or can they choose to use the OverDrive apps). Once Read Now option has been selected, the title will instantly open in the patron's browser via the OverDrive Read format and allow the patron to read the title instantly in the current browser, as well as sync their reading progress across all of their browsers to ensure that they can pick up reading later right where they had previously left off. 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Wr4PWe Y,oh!ama Ynv awa'rueury inerc Mxa duPwvrefmnv Yie Vxrtd Wa hauAVnromJVWY Uw1§smtay Llia rynv Mrq�a+Iw.+prywvAed hlv MvJ AenA. llmm�bWunlExuiivll+�kmN'quin Ilw, aex,V.a4wm1 prnavhaal elm: Uv t wx IwinS pmLJ%d rot Iw: in8 nied!o py ihekryanRa lrynnProixohvwnwakW: poverweu by nP Invti*hu:l (m iryivR m m�mnhr fHM to mnYlxR fmmie ne4m mrh w mrnml. simmwdur'dhem Wwumalw. ..{ymw YmYMP-^matid>mi [euW %m Ymn Wnie'[PurniLMv '%H!"UorerVnehellun�aVOHrlmcNmN lmelW r4r6vh's hkN4°ekwNPN^Ril.'.�vYmkltlhrnRl WX nurul4pW GenYing ava+'4lhe iupe!dlmemY limiM1CYvlsy Coope Ntauplrrhe wmmNdnorrchen taw Yrrc.W' wry.wxrbtY Yovm+emJry bnY mk n ta.!u xloa no¢ rhu wu oX, ninety Un' "Urcdpoign"oxbatmlML raJiuRirnixnmrnrrw<r.wl§nmw wall inn Lnn:wllefhttmrm!ru mn 6rh>re6rved ro Whim peA n Wmet ilu! wiI111ie uav+Meei4 NAvwmwbt[xnee... we1LUmnR Npor. 'IttiepobnWYlirJovy rn.meorMcnnvMwlrol AvvWRd midprexn+u: Um'ewmuvPed indle NnekpnekwiWorclemd qA gglinaA iuila 0adpv wiWGrooilLL+.'TN irutw4W it a3 iddy* PYN.' 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Patron's checkout can be ins4antly read (n their browser with the OverDrive Read format Within OverDrive Read, a patron has numerous options on how to best enjoy their title. OverDrive offers patrons the ability to set bookmarks, jump to pages/chapters, view their reading history within the title, designate their Reading Settings (such as text scale, lighting, book design, dyslexic font option, etc.), as well as download the title for offline reading with the Offline Access feature. 25H-14 CIpR4 olw;We :gONM,Aped , -. VTMaRMp.. U'0.:A wnsmvf.M nrFg nw pMmwm. v�W;mi..:mWr...c.� nnw .ems pno„ I„Y,J„Wem n,INr�aatxMN+Mwrmr mhmp �mxeM�,vviam� 'uxFv,rm ntlli Mxn�yJm+ ' kmv4'Ir Ybdx vu,rvmhwa'rAevwr Wa mrW Wlpwrp�ne.6�wywxxynusn nYM,Mn MMpwe4w lxgrmvWn .,x�e Wry Jdemt vYWv,�en,Amlgmsyan em.w.r.m n<'mam m„arrAmJ,m,,rlmr.,rx mwn.r.ml„. W,.x.p�m Irmo bnW'u' >•=wmmrvlhul+n1 Yn gyd,IYn,m4xyaAlvr mJnmmvmymmmra-�nrrm•,u+,»vYrlw WUmmv'IVMnpm Mw Wmyry, mw.Mu M' 1'unr n IMuu NmxmlwrM1e” MkrwuAW,wrwlrmw4n�ibnwxkNr/m, m�v Nn rumry Pn W�awvmm�,d�la:l wvu Xmaww, uw xAmµwfu Iny�M I�'v. W b.n.,rdm x wrN.wX m xry MM'a W'rpq, M'uup,kmuuuM1VMlhm ,e1rWr.M�ry. m dwpin.'llpawew4w,nMnllnl mr..w+"gmlur. w.ra1�.�„:.e.w=IrnLrm mrp, w'I�ww'..xmmur.mrvwwomwp>uu OverDrive Read also allows patrons to quickly Jump to a certain page, view their history, set up their preferences In Reading Settings, and download all pages for offrme reading via the Offline Access feature If a patron goes to a title view page, they will be able to see how many copies the library has purchased/how many are available for checkout, sample, add to Wish List, available formats, subject headings, Lexile, ATOS, Interest Level, description of the title, as well as details, and reviews from outlets such as Publishers Weekly, Also displayed are similar titles that the patron may enjoy. o � Tide information page Once the patron has determined they want to check out the title, all they need to is click Borrow, or they can hit the drop down next to the Borrow button to select their checkout period (it can be modified to allow for additional options, such as 7, 14, and 21 day options, although Santa Ana currently has 14 days selected for all formats). It will then show up under Loans on in their individual collection. The patron can then either choose the Read Now option and use the OverDrive Read format to seethe title in their browser, or other format options such as Kindle (available exclusively on OverDrive for library lending), ePUB or PDF. The title can also be given a star rating and easily returned from this screen. 25H-15 Loses Loans Holds rwaosm=mrx Wish list T" sabot POW W&O" Settings CJ o»ox LN0g8a AfgpMNF w 1„ aeWm Titles currently on loan to the patron will be displayed here Patrons can easily return the title directly from their bookshelf In addition to Loans, the patron's bookshelf will also display titles they are currently on a waiting list for, wish list titles (sorted by all titles and available now), and individualized settings. Patron's Wish List titles will appear under their Wish List and can be instantly checked out from this page 25H-16 Within the patron's bookshelf, individualized settings can be personalized so that the patron does not need to always set their lending period or be exposed to content that is not right for that patron. At the Settings page, default lending periods can be set by format, automatic hold checkouts can be set up, content preferences, as well as accessibility features such as high contract mode and dyslexic font, which can be enabled to provide a better patron experience for readings with dyslexia. W,,o Settings H., O.I. w,hba $olOnVl F1O� Moaxl ................(( i—. h.....J nrpw wm�umnrtnpimawx v�v++nr w.w mnnw. .. Nl CONRM A&tY6xCW .. ne eve Settings page where the patron can designate the preferences for their digital checkouts OverDrive's patron -facing website features predictive search capabilities and allows patrons to search on the main site by title, author, series and subject. basanall� p, ee..uXwrnaww. iucgmmarMrpem WwMbn�aonlwn]Hw iinim OnwbeAFlhxpb &wmVGsa tlwa4NiwaaaM Bxeontlif W;Otlxu n Wn.Ar ma+ �Ynn W+o lYltriJm n. Wa X nv PnwwP of the predictive search capabilities at the 25H-17 From the Advanced Search menu, patrons have a large variety of searches they can run. Advanced Search features search by: title, author, subject, availability, audience, date added to collection, format, language and ISBN. Advanced &-arch mi. ommaw u...uw...m., «..a.. amrxewen �w.,..nx pei6bllry UtlN Nonllgiun Screens hot of the Advanced Search capabilities at the patron -facing website In addition to these search features, Ovel-Drive also allows a patron to view the various subjects in the digital collection and narrow down their title search in this manner. amV/$¢ Nb�kC�9 FitlNn u...uw...m., «..a.. amrxewen �w.,..nx Nonllgiun New search feature with the most recent OverDrive upgraded site allows patrons to browse the collection by subject and format 25H-18 Kids and Teens eReading Room OverDrive offers a separate URL and interface for younger users of the public library service, called the Children's eReading Room and Teen eReading Room that participating libraries can take advantage of. The library has the ability to set the age restrictions for the content available in these "reading rooms", to ensure that younger users are not exposed to more mature content that maybe available for lending at the general library website. Pictured below is a Children's eReading Room option that a library could use for its younger users. Kids fliq aua fie,,, a :: pij f (i N KAU ?0 FOIiI�tF P 1I I2 Recommend to Library OverDrive offers a Holds Manager, Recommend to Library Manager, and Smart Lists. Using the Holds Manager feature, libraries can manage demand on the website by easily building carts or automating orders based on holds. You can create an unlimited number of Holds Manager plans, and each time it runs, a cart is created for review or an order can be placed for a holds - driven order on your behalf if you so choose. The Recommend to Library Manager feature allows you to respond to recommended titles from patrons. By using this option, you can create as many Recommend to Library plans as needed. These plans can automatically place a recommendations -driven order on your behalf, or create a cart for your review. The Smart List is a powerful collection development aid and time -saving tool that automatically generates a list of titles in Marketplace that are best suited to your collection's needs. These Smart Lists automatically build carts based on criteria you specify, including price, on -sale date, most desired genres and subjects, popular authors and series, press attention, languages and more. You can also set up a Smart List to manage repurchasing metered access content, so in - 25H -19 demand metered access titles can always be available for your patrons. You can create as many Smart Lists as you like, and they will not submit purchase orders automatically on your behalf - you will always have the chance to review carts generated by Smart Lists before placing orders. Web -Based Staff Training and Patron Support OverDrive's training courses and information are hosted online and scheduled at the convenience of your staff, and are also available on -demand anytime, anywhere for future viewing (great for new staff, or as a refresher for current staff on how to use the service). For new customers (or existing customers looking for a refresher), OverDrive requires the following courses as "starter courses" to the OverDrive service: Collection Checklist - With OverDrive's collection checklist, you'll learn how to attract users to your digital library and keep them coming back with next generation content and collection tools from OverDrive. Just the Basics - Learn how to browse, borrow, and enjoy eBooks and audiobooks from your Next Generation library using a computer or mobile device. In addition to the starter courses, OverDrive offers on -demand training modules, downloadable PDFs, live webcasts, tools to educate your staff and end users, as well as easy links to OverDrive Help resources. At the OverDrive Resource Center (ham: resources.overdrive.com), OverDrive provides all of the information that the library, as well as patrons, can utilize to become OverDrive experts. stafflTaining ;.M, .��•�, �",a.w ow��ow�mv. vmr=wrr. wm�wnmr m>w.+, ca„w,w.ucaw„�vwio naa»vuavu OverDrive Resource Center with videos, PDFs and additional tools to ensure your library's digital collection is a success 25H-20 OverDrive also provides content selectors with ample training documentation at the Resource Center, with videos, PowerPoints and PDFs that cover topics such as: Shopping for Titles in Marketplace, Understanding Lending Models, Curating Digital Collections for Your Library, Managing Marketplace Account Settings, Managing Content Access Levels, Managing Holds, and Marketplace Reports. OverDrive offers all the aforementioned training materials at the OverDrive Resource Center. In addition, OverDrive also has an OverDrive Marketplace User Guide available online at http://companv.overdrive.com/files/CR-User-Reference-Guide,pdf. The Marketplace User Guide is easily searchable and answers any questions that staff may have in utilizing the tools in Marketplace, including ordering, reporting, administrative permissions, local content management, curating information, support, and more. Upon request, OverDrive can also coordinate with the library to provide on-site staff or user training sessions with OverDrive trainers. Secondary User Support- OverDrive Front Line Tech Support- is included at no additional cost! OverDrive's Front Line Tech Support replaces the library's primary support obligations, as OverDrive becomes the go -to for direct patron support, as Front Line Tech Support is available 24/7, 365 through a designated web form that is created for the library. Whenever a patron requires support and goes to the 'Get support' button on the OverDrive site or app, they will be directed to the link for that library. Also available directly within Libby, patrons can use the Customer Support Form for Libby specific questions through the Feedback tab. This helps library staff free up the time they currently spend responding to any OverDrive-related questions from patrons. OverDrive Help (htUp://help.overdrive.com) offers patrons immediate assistance with how-to videos, FAQs and tutorials for using the OverDrive service on any device 25H-21 OverDrive also offers its award winning and frequently updated OverDrive Help (htti)://helD.overdrive.com) links on all of its websites. Patrons can easily view the Help website to see FAQs and how-to videos for downloading digital content on their favorite devices. Apps and Device Compatibility OverDrive offers Libby, a free, easy to use app in the Google Play (Android) App Store (iOS), and Microsoft App stores. Libby has a groundbreaking eBook reader and a beautiful audiobook player built into one free app. Libby allows patrons to download eBooks and audiobooks for offline reading, or stream them to save space. Libby helps patrons by synching their positions, bookmarks, and notes across devices. Libby also allows patrons to sample any book with a tap - nothing to download or delete. Patrons can also enjoy zoomable graphic novels within Libby, or a picture book with readalong audio. OverDrive is compatible with more devices than any other digital library provider, including the Kindle format, exclusively available from OverDrive. Using OverDrive, patrons can download to all Android devices, iOS (iPad, iPhone, iPod), Chromebook, eReaders, Kindle eReaders, Kindle Fire, Kobo tablets, Nook tablet, Windows, Windows Phone, Mac, Windows Phone, and MP3 players. As OverDrive tests new devices for compatibility as they are released, OverDrive does not anticipate that there are any limitations or devices that are not currently supported. Marketing Support OverDrive offers substantial assistance to libraries to promote awareness and increase usage in the community for their digital library service. Included at no cost is free promotional and marketing material from OverDrive's Resource Center. At the Resource Center, there are a wide variety of resource available to the library to increase awareness, promote usage, simplify the process for new and existing users, and more to ensure continued success and growth of the electronic library service. If you can't find a resource here or want additional assistance in promoting your collection, OverDrive offers additional assistance by contacting oartnerservices@overdrive.com or your OverDrive Account Specialist directly. Currently available at the Resource Center, the following items can be generated directly by the library: Print -Ready Materials: Get the word out quickly and easily with these print -ready materials. Santa Ana can add its OverDrive URL to the editable field at the bottom and print in-house or through a local printer. Available materials include: posters, flyers, stickers, New to Rack Cards, eBook Shelf Cards, Summer Reading Promotional Kit, Teen Lit bookmarks, Read -along eBook flyers, audiobook flyers, getting started guides for new users and refreshers for experienced users, and international language marketing kits (currently available in Spanish, French, Chinese and Russian to bring in more users in your community). 25H-22 Digital Resources: Share graphics, videos, and other web images with your users via Santa Ana's website, blog, and other social media accounts to encourage audiences to visit your electronic library service. Communication Templates: Use these templates and audio clips to promote your website to staff, users or news and media outlets to get the word out in the community about your electronic library service. Available resources include: press release templates, newsletter articles, radio ads, social post ideas, getting started email templates. 010040" aoe¢e s i a , ,� BorroBorrow_.. Y+i..v[oa k BfQW4B S9q�11i11(i bC9Mf •e JE✓9 i4.Jl Y enM9tPoklBOq �n{M yry5� }y� ry /y/y'�r[r 9W CM4iD11Y@MbWW qjN! OM1. audioboo.a s IXQbYPo�WmWrt@r - 1 free from our library wnngo-gon ua,ary All your favorite titles... Just a tap away Santa Ana Public Library httpsa/ieaneesanopulitictibmry,overdeivm,rn hxCps:/ixrsnteaancpublicifibrarp:cverdrive.com Programming and Events: Even more ideas available here to help spread the word and engage more users with suggested activities and programming ideas designed to spark interest in your electronic library service. In addition to the Resource Center, OverDrive can also work with Santa Ana Public Library to establish book clubs or special reading programs with your digital resources. OverDrive runs a regular Big Library Read, where all participating libraries have access to a particular title for unlimited simultaneous access so that all users can borrow the book without the library needing to purchase it during the Big Library Read period. While the Big Library Read is essentially a worldwide book club, OverDrive can also work with Santa Ana to promote a county -wide book program by working with the library and utilizing our relationships with publishers to find a title that will be of high interest in the community and affordable to the library to make available in this model. 25H-23 Big Library Read American Sniper BIG „ 8rV'tiiII illcV cif A:' 'Rk 1 P1U"gpfl�yY1%Y!f($tdlk'ISM]YYbl it �43V:C Mo 41 Y@rrY't(ivl, ildi'v'MTCifr T.S(MY'#If'4lt.:'. ris" a,V M 6®iIb M,OYm tt`YA�iNYMGtUWN#Mi3a"biW er:xxaee aro Yq oo e'kx ,r mx earn��r,a;�n.;runarm�nfl>_ . uuMnwan ++w+rvsMwx±ukTbya xyss. • aria.[': Mxli'�iM tnJ¢:4t.4 Y:v YH'8'1%SYi�b/ryf-Y swig aa:, a iMU Y:4WA.11pg ara+VaC%it.PS Maekl�:CwrW. P'llum,r.YApn'. Pad More ♦ Wmtt,Cw+!.�ir...rvtMF✓4 N+Wt'?M+iYttlN; �. Previous Big Library Read programs have Included titles such as American Sniper while It was in the theaters By working with Santa Ana to promote the service to the various community groups and across all age ranges, OverDrive is confident it can see a surge in usage of the digital library service and bring great value to Santa Ana in its continued usage of the OverDrive platform. OverDrive also offers book club models, where OverDrive can work with the library and specific publishers to obtain permission to loan a title with simultaneous use access. This allows all library patrons to access the selected title an unlimited number of times during the set book club time period. Successful book club programs that OverDrive has worked with library partners on include the London City Read, the One Book One Community (Kitsap Regional Library), and the 16 in '16 Book Club with Sno-Isle Libraries. 26 in 16: Read a Funny Book Lamb by Christopher Moore The birth of Jesus has been well chronicled, as have his glorious teachings, acts. and divine sa uffIce after his thirtieth birthday. out no one knows about the early life of the Son of God, the.,. More... kASµnrr®, Db you want to get to know the woman we first came to love on Comedy Central's Upright Citizens ortgadeT Do you want to spend some time with the ladywho made you howl with laughter on Saturday Right.. More— OverDrive works with libraries to create book clubs and promote the simultaneous use titles to their community NEW: Get a Library Card OverDrive's new app, Libby, is currently offering an exciting new feature, "Get a Library Card". Currently offered in several libraries around the country, the Get a Library Card feature in Libby will allow new patrons to sign up for a library card using their smartphone or tablet, confirming 25H-24 EXHIBIT B COMPENSATION Fee Proposal including hourly rates if applicable 25H-25 Bdiibit T3 ATTACHMENT 3-$c COST OF SERVICES Please attach additional pages torrespond to the following items. Please include this page on top of the response. Attachment 3-8 — Cost of Services: The Santa Ana Public Library requires a collection that meets the needs of its diverse population ranging from various socio-economic demographics. Additionally, a collection that reflects the community's dominant languages is ideal and that is accessible on various platforms for optimal use. Certification • I certify that i have read, understand and agree to the terms and conditions of this Request for Proposals. I have examined the Scope of Services (Exhibit A) and am familiar with the scope of services. I am familiar with all the existing conditions and limitation that may impact services. I understand and agree that I am responsible for reporting any errors, omissions or discrepancies to the City for clarification prior to the submission of my proposal. The Cost Proposal is to include the following information: 1) A complete, Itemized proposed cost list for each requested service as described in the Scope of Services (Exhibit A). 2) The itemized breakdown must show estimated man hours rates and totals for each service. 3) Any equipment will be purchased by the contractor only after discussed and authorized by the City Project Manager or designee in writing. City of Santa Ana RFP 17-141 Page 27 25H-26 Attachment 3-8: Cost of Services OverDrive's offer is for an annual platform fee of $6,000 (a discount of 40% off the current platform price) with no annual minimum content commitment. The platform fee includes all system -wide updates, maintenance of library -branded website, hosting, training and support services, promotional assistance, collection development assistance, user-friendly multilingual intuitive interfaces, support for all major devices, bandwidth for all collection downloads from OverDrive, configuration and license fee, and third -party licenses for digital rights management. All other requested services in the Scope of Services are also included at no additional cost. The individual items are unable to be itemized, as they are all included and there is no breakdown for each component. OverDrive personnel will spend as many man hours as necessary to assist Santa Ana in providing a successful digital collection for its patrons. This proposal also includes the Front Line Tech Support, direct patron support, offered at no additional cost. Additional information on Front Line Tech Support is available in Attachment 3- 6. Additional optional services: Get a Library Card option: This feature allows individuals to sign up for a temporary library card directly within Libby. The cost is $0.90 per successful patron. Additional information is available in Attachment 3-6. 25H-27 25H-28 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: - APPROVAL OF VARIOUS HISTORIC PROPERTY PRESERVATION AGREEMENTS (STRATEGIC PLAN NOS. 5,2; 5,3) 1MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 161 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 the attached Mills Act agreements with the below -referenced property owners for the identified structures, subject to non -substantive changes approved by the City Manager and City Attorney. Property Owner(s) Historic Property Address/House Vote by HRC Preservation A mt. No. Anthony & Maureen 2017-34 2008 N. Heliotrope Dr. 6:0 Lukaszewki (Gabriel House) (Nguyen & Rush absent Daniel & Stephanie Schaefer 2017-35 2140 N. Greenleaf Street 6:0 (Heath House) (Nguyen & Rush absent Gia Hoang Nguyen 2017-37 2009 N. Baker Street 6:0 (Price -Preston House) (Nguyen & Rush absent Jason & Tabitha Hunter 2017-65 918 N. Lacy Street 6:0 (Taylor -Rose House) (Nguyen & Rush absent Susan L. Giampietro 2017-66 2140 N. Flower Street 5:0 (Butler House) (Murashie abstained, Nguyen & Rush absent HISTORIC RESOURCES COMMISSION ACTION On January 25, 2018, the Historic Resources Commission recommended that the City Council authorize the City Manager and Clerk of the Council to execute the attached Mills Act agreements with the identified property owners for the historic structures, subject to non - substantive changes approved by the City Manager and City Attorney. 251-1 Historic Property Preservation Agreements February 20, 2018 Page 2 DISCUSSION This action allows for the approval Contract) which provides a potential reinvest the tax savings towards Additionally, the agreement prevents B1 -B5). STRATEGIC PLAN ALIGNMENT :)f a Historic Property Preservation Agreement (Mills Act property tax reduction whereby property owners agree to the maintenance of the historic property (Exhibit A). inappropriate alterations to the historic structures (Exhibits Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability) and Objective #3 (facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods). FISCAL IMPACT The Historic Property Preservation Agreement will reduce the Property Tax revenue account 01102002-50011 to the City by an estimated $4,239.16 annually noted below, for a period of not less than ten years. HPPA No. Address Estimate Exhibit No. 2017-34 2008 North Heliotrope Drive $604.76 B1 2017-35 2140 North Greenleaf Street $889.35 B2 2017-37 2009 North Baker Street $1,126.13 B3 2017-65 918 North Lacy Street $840.84 B4 2017-66 2140 North Flower Street $778.08 B5 Total for All Properties: $4,239.16 ( �u GGsCI��✓'� / Candida Neal Acting Executive Director Planning & Building Agency MM:rb SAFCA102-20-181PBA Historic Prop Preservation Mills Act Agmt 2-20-18 APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez p� Executive Director �7 Finance & Management Services Agency Exhibits: A. Mills Act Agreement Template B1 -B5. Historic Resources Commission Staff Reports 251-2 MILLS ACTAGREEMENT [Address] ,Salve And, C4 9270_ RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Santa. Ana Attn: City Cleric 20 Civic Center Plaza (M-30) Santa Ana CA 92702 TREE RECORDING PURSUANT TO GOVERNMENT CODE y 27383 HISTORIC PROPERTY PRESERVATION AGREEMENT This Historic Property Preservation Agreement ("Agreemetit") is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the of the State of California (hereinafter referred to as "City"), and INamej. ' , (hereinafter referiedto as "Owner"), owners of real property located at [Address], Santa Ana, California, in the County of Orange and listed on the Santa Ana Register of Historical Properties. RECITALS A. The City Council of the City of Santa Ana is authorized by California Government Code Section 50280 et seq. (known as the "Mills Act") to enter into contracts with Owner of qualified historical properties to provide for appropriate use, maintenance, rehabilitation and restoration such that these historic properties retain their historic character and integrity. B. The Owner possesses fee title in and to that certain qualified real property together with associated structures and improvements thereon, located at [Addressh Santa Ansa, CA, 927OX and more particularly described in Exhibit A, attached hereto and incorporated Herein by reference, and hereinafter referred to as the "Historic Property". C. The Historic Property is officially designated on the Santa Ana Register of Historical Properties pursuant to the requirements of Chapter 30 of the Santa Ana Municipal Code. D. The City and the property Owner, for their mutual benefit, now desire to enter into this Agreement which defines and limits the use and alteration of this Historic Property in order to enhance and maintain its value as a cultural and historical resource for the Owner and for the community; to prevent inappropriate alterations to the Historic Property and to ensure that repairs; additions, new building, and other changes are appropriate; and to ensure that rehabilitation acid maintenance are carried out in an exemplary nrannner. E. The Owner and the City intend to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division I of Title 5, Article 12, Section 50280 et seq., which will enable the Historic Property to qualify for an. assessment EXHIBIT A 251-3 MILLSACTAGREEMENT (Addressl Sarnia Anna, CA 92701 of valuation is a restricted historical property pursuant to Article 1.9, Sec. 439 at seq., Chapter 3 Pail, 2 of Division I of the California Tax and Revenue Code, NOW, THERUORE, the City of Santa ,Ana and the Owner of the Historic Property agree as follows; 1. Effective Date and Terms of Agreement. This Agreement shall be effective and commence on [Date], and shall remain in effect for a term of ten (10) years thereafter. Each year, upon the anniversary of the effective date of this Agreement, such initial term will automatically be extended as provided in California Government Code Sections 50280 through 50290 and in Section2, below, 2. Renewal. a; Each year on the anniversary of the effective date of this Agreemern, a year shall automatically be added to the initial ten (10) year term of this Agreement unless written notice of noruenewaI is served as provided herein, b. If the Owner or the City dcsirc(s) in any year not to i aiew the Agreement, the Owner or 'City shall some written notice of nonrenewal of the Agreement on the other patty. Unless such notice is served by the Owner to the City at least ninety (40) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the Agreement as provided herein. e. Within 30 days from receipt of City's notice of nonrenewal, the Owner may file,a written protest of City's decision of nonrenewal. The City may, at any time prior to the annual renewal date of the Agreement, withdraw its notice to the Owner of nonrenewal, & If either the Owner or the City selves notice to the other of nonrenewal in any year, the Agreement shall remain in effect for the balance ofthe term then remaining, either from its original execution or from. the last renewal of the Agreement, whichever may apply. 3. Standards and Conditions for Historic Property. During the term of this Agreement, the Historic Property shall be subject to the following conditions, requirements and restrictions: a, Owner shall maintain the Historic Property in a good state of repair and shall preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features described in the "Department. of Paries and Recreation Primary Record" attached hereto as Exhibit C, notably the general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings, textures, details, mass,. roof line, porch and other aspects of"the appearance of the exterior to the satisfaction of the City, b. All changes to the Historic Property shall comply with applicable City plans and regulations, and conform to the rules and regulations of the Office of Historic preservation of the _2_ 251-4 MILLSACT AGREEMENT (Address] Saida Arta, 019170 State Department of Partes and Recreation, namely the U.S. Secretary of the Interior's Standards and Guidelines for Historic Preservation Projects. These guidelines are attached hereto as Exhibit 13, and incorporated herein by this reference, Owner shall continually maintain. the Historic Property .in the saran or better condition. C. A view corridor enabling the general public to see the Historic Property from the public right-of-way shall be maintained, and Owner shall not be permitted to block the view corridor to the property with any new structure, such as walls, fences or shrubbery, so as to prevent the viewing of the historic landmark by the public. d. The following are prohibited: demolition of the Historic Property or destruction of character -defining features of the building or site; removal of trees acrd other major vegetation unless removal is approved by a rehabilitation plan approved by the Historic Resources Commission, paving of yard .surface; exterior alterations or additions unless approved by the His Resources Commission and such alterations are in keeping with the Secretary of Interior's Standards; deteriorating, dilapidated or unrepaired structures such as fences, roofs, doors, walls, and windows; storage of junk, trash, debris, discarded or unused objects such as cats, appliances, or furniture, and other unsightly by decoration, structure or vegetation which is unsightly by reason of its height, condition, or inappropriate location, C. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the Historic Property by representatives of the CormtyAssessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City of Santa Ana as may be necessary to determine the Owner's compliance with the tenths and provisions of this Agreement. 4. Furnishing of Information. The Owners hereby agree to furnish the City with any and all information requested which may be necessary or advisable to determine compliance with the terms and provisions of this Agreement. 5. Cancellation. a, The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50280, et, seq., may cancel this Agreement if it determines that the Owners have breached any of the conditions of this Agreement, or have allowed the property to deteriorate to the point that it no longer meets the standards for a qualified Historic Property, or if the City determines that the Owner has failed to restore or rehabilitate the property in the manner specified in Section 3 of this Agreement, if a contract is cancelled for these reasons; the Owner shall pay a cancellation fee to the County Auditor as set forth in Goverruncat Code Section 50286, This cancellation fee shall be a percentage (currently set at twelve and one-half (12 'F) percent by Covenunent Code Section 50286) of the current fair market value of the property at the time of the cancellation, as determined by the county assessor, without regard to any restriction imposed pursuant to this Agreement. -3- 251-5 nVttzSACTAGREEMEtvr [Addrenl Santa Ana, CA 9270 b; if the. Historic Property is destroyed by earthquake; fire, flood or other. natural disaster such that in the opinion of the City Building Official more than sixty (60) percent of the original fabric of the structure must be replaced, this Agreement shall be canceled immediately because, in effect, the historic value of the structure will have been destroyed; No fee shall be imposed iinthe case of destruction by acts of God or natural disaster. C. If the Historic Property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of this ;Agreement, this Agreement shall be cancelled and no fee imposed, as specified in Govermnent Code Section 50288_ $, Enforcement of Agreement. a. In lieu of and/or in addition to any provisions to cancel the Agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the teams of the Agreement. In the ,event of a default, ander the provisions to cancel the Agreetnent, by the Owner, the City shall give written notice to the Owner by registered or certified mail, and if such a violation is not corrected to the reasonable satisfaction of the City Manager or designee within thirty (3 0) days thereafter, or if not corrected within such a reasonable time as may be required to care the breach or default, or default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall -thereafter be: diligently pursued to completion by the Owner), then the City may, without farther notice, declare a default tinder the terms of this Agmet rent and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terama of this Ag-eement, apply to any court, state or federal, for injunctive relief against any "violation by the Owner or apply for such relief as may be appropriate. b. The City does not waive any claim of default by the Owner if the City does not cnforce or cancel this Agreement. All other remedies at taw or in equitywhich are not otherwise provided for in this Agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach of this Agreement. No waiver by the City of any breach or default under this Agreement shall be deemed to be a waiver of any other subsequent breach thereof or default hereunder. 7. Binding effect of Agreement, a. The Owners hereby subject the Historic Property, located at Address Assessor Parcel Number [Number], and more particularly described in Exhibit A, in the City of Santa Ana, to the covenants, reset vations, and restrictions as set forth in this Agreement. b. The City and Owner hereby declare their specific intent that the covenants, reservations and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors acid assigns in title or interest to the Historic Property. Every contract, deed, or other instrument hereinafter executed, coveting or conveying the Historic Property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the tenants; restrictions; and reservations -4- 251-6 MILLSACTAGREEMENT tAstrG•ess] Santa Ana, two 9270 expressed in this Agreement regardless of whether such covenants, restrictions and reservations are set forth in such contract, deed, or other instrument, 8. No Compensation, Owner shall not receive any payment from, the City in consideration of the obligation imposed under this Agreement, it being recognized that the consideration for the execution of this Agreement is the substantial public benefit to be derived therefrom and the advantage that will accrue to the Owner as a result of the effect upon the assessed value of the property on the account of the restrictions on the use and preservation of the property. 9. Notice. Any notice required by the terms of this Agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. City: City of Santa Aria Attn: City Clerk 20 Civic Center Plaza (M-30) Santa Ana, CA 92702 Owner: [Name(s)] [Address] Santa Ana, CA 9270_ 10, General Provisions. a, None of the terms, provisions, or conditions of this Agreement shall be deemed to create a pat hiersbip between the parties hereto and any of their hens, successors, or assigns, nor shall such terms, provisions or conditions cause there to be considered joint ventures or members of any joint enterprise, b. The Owner agrees to and shall indemnify and hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage or claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or operations of the Owner or those of his or her contractor, subcontractor, agenda, employee, or other person acting on his or her behalf which relates to the rise, operation, and maintenance of the Historic Property, The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and a]I actions for damages caused by, or alleged to have been caused by, reason of the Owner's activities in connection with the Historic Property, C, This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this Agreement regardless of whether or not the City prepared, supplied, or approved the plans, specifications of other documents for the Historic Property, -5- 251-7 AMLSACTAGREEMENT (Address] Santa Ants, CA 7270 d. All of the Agreements,, rights; covenants, reservations, and restrictions contained in this Agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, turd allpersons acquiring any part or portion of the Historic Property, whether by operation of law on in any naimer whatsoever. e. In the event legal proceedings are brought by any panty or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the Court, n addition to court costs and otherrelief ordered by the court, In the event that any of the provisions of this Agreement are :held to be unenforceable or invalid by any court: of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. t;: This Agreement shall be construed, and governed in accordance with the laws of the State of California. 11. Recordation No later than twenty (20) days after the parties execute and enter into this Agreement, the City shall cause this Agreement to be recorded in the office of the County Recorder of the County of Orange, 12. Notice of the Contract to Officeof Historic Preservation. No Tater than six (6) months of entering into the contract, the owner or agent of an owner shall provide written. notice of this Agreement to the Office of Historic Preservation; 13, Amendments. This Agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. 14. Effective Date This Agreement shall be effective on the day and year first written above in Section 1. {Signature Page. Pollowst -6- 251-8 HILLS ACT AG REEMENT (Addresrl Saida Arta, CA 9270 ATTEST: CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ II Cleric of the Council City Manager APPROVED AS TO FORM: RECOMMENDED FOR APPROVAL: SONIA CARVALHO City Attorney ,g By LISA S1'ORCK CANDIDA.NEAL Assistant City Attorney Acting Director Planning and Building Agency OWNER: Date: By: Date. By: -7- 251-9 HILLS ACTA GREEMENT /Address] 5'afrra Alia; CA 9270 EXHIBIT A LEGAL DESCRIPTION Assessor's Parcel Plumber: _g_ 251-10 hALLSACTAGREEME'NT /Address] Sante Ana, CA +9270 Exhibit B Exterior work shall be reviewed by the Historic Resources Commission and subject to the US, Secretary of the Interior's Standards for Rehabilitation of Historic Buildings, as follows; 1. Every reasonable effort shall be made to provide a compatible use for a property which requires minimal alteration of the building, structure, or site and its environment, or to use a property for its originally intended purpose. ?. The distinguishing original qualities or character of a building, structure or site and its environment shall not be destroyed, The removal or alteration of any historic material or distinctive architectural features should be avoided when possible; 3. All buildings, structures, and sites shall be recognized as products of their own time. Alterations that have no historical basis and which seek to createanearlier appearance shall be discouraged.. 4. Changes which ruay have taken place in the course of time are evidence of the history and development of a building, structure, or site and its environment. These changes may have acquired significance hi their own right, and this significance shall be recognized and respected. 5. Distinctive stylistic features or examples of skilled craftsmanship which characterize abuilding, structure, or site shall be treated with sensitivity. 6. Deterioratedarchitectural features shall be repaired rather than replaced, whenever possible. Its the event replacement is necessary, the new material should match the material being replaced in composition, design, color, texture, and other visual qualities.Repair or replacement of missing architectural features should be based on accurate duplications of features, substantiated by historic, physical, or pictorial evidence rather than on conjectural designs or the availability of different architectural elements from the other buildings or structuress. 7. The surface cleaning of structures shall be undertaken with the gentlest means possible. Sandblasting and other cleaning methods that will damage the historic building materials shall not be undertaken. 8. Every reasonable effort shall be made to protect and reserve archaeological resources affected by, or adjacent to any project, 9. Contemporary design for alterations and additions to existing properties shall not be discouraged when such alterations and additions do not destroy significant historical, architectural or cultural material, and, such design is compatible with .91. 251-11 MILLS ACTA GRECAIEVT [Addresryf Santa Ana, CA 9170 size, scale, ,color, material and character of the property, neighborhood, or environment. 10. Wherever possible, new additions or alterations to structures shall be done in such a mauiier that if such additions or alterations need to be removed in the future, the essential forrh and integrity of the structure would be unimpaired. -to- 251-12 MILLSACTAGREEMENT [Address] Santo Ann, CA 92771 EXIHBIT C Departiiient ofParks and Recreation Primary Record for Property -II - 251-13 251-14 REQUEST r d HEARING—HISTORICPUBLIC • t e20117-301 HISTORIC iT REGISTER CATIEG ORIZATION .. 4M R' AND HISTORIC M Y Ii.. Y!Ye PRESERVATION a 2017m34 O. PROPERTY LOCATED R !F: NORTH HELIOTROPE DRIVE (MATEGIC PLAN NO$. 5� 2; 511) preparw by APPROVED As Recortimendsid * ,As Amended * set Public Hearing For CONTINUEDTO Actingrecutivp L}€re tear A ting plarti ing Marair RECOMMENDED &CTION 1_ Adapt a rwoluton approving Historic resources Commission Application No. 2017-30 and approving Historic Register Categorization No, 2017-29. 2. Recommend that the City Council authorize tho City Manager and Clerk'of the Council to execute e Histor€c Property Preservation, Agreement No, 2017-34 (Mills Act) with Arrthony and Maureen Lukaszewkl, subject to non -substantive changes approved by the City Manager and City Attarney.,_ Anthony Lukaszewski and Maureen Luktjszewski are ragr_iesting approval to designate an existing residence located at 2068 North Heliotrope Drive to the Santa Ana Register of Historical Properties, as well as approval to executo a Mills Act agreement with the City of Santa Ana,. ProigotLocation and Site Description The subject property consists of a 2,791 -square -foot, Colonial Revival (Cape Code Variant) style residence and detached garage on a 14,151-square-fobt residential lot'(ahlb1t, 1). Analysts of the issues Histo cal Listing In March 1999, the City Council approved Ordinance No:. NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and at a noticed publlo hearing, designate cis a EXHIBIT B1 251-15 HRCA No,'2017-30, HRC'N, ,2017=29 HPPA, No. 2617.34 ,tannery S,,2014 Page 2 the ganta stria of too ?anta Ane' ort record forthis Ordinance No, NGI2 R2 authorized the Historic Resourcos Commilsslon to egeouts Historic Property Preservation, Agreements (HPPA), commonly, knOwn as Jill &t a4reements fpr eligibtd properties (Exhibit` ) To be elicdible for the Mills Act, the Ortaperty must be listed on the: Santa Ane Register of Historical Properties. The Hlsto lc Resources orrtmisslon AppllcatIbn and Historic Register Categorization actiarrs proposed Farr this site authorize the listing of the property ort the looat register The afire rnent prnydes monetary incentive to the property owner in the Form of a property tax reduction in exoharilge for this oWner°s voluntary commitment to maintain the property in a gond state of moalr ae necessaiy to maintain its character and appearance; +;ince, recorded, the agreement generates a different valuation method in detami'rlinrg the property's assessed value, resulting in tax savings for the owner; Aside Pram, the taxa savings, the benefits include- w Long tam preservation of the property and visual improvement to the neighborhood • AlloWs for =a mohanisM to provide for property rehabilitation 'Pro des additional incentive for potential buyers to purchase hiatarlo structures 'Dlscourages inappropriate alteratiors tc the property 251-16 f 9t\4 A No. 201.7 -30, HRC NO -2617-29 HPPA No, 2017=34 January 25, 20,143 page,3 The prop'orty has no dentified uriautholzed modiflcatirana. Upon consideration of tha sppiicatldn, it It recommended that the City enter Intoa Historic Property° Preservation Agreement, Public Noti#icta ibn The subject pity is located within the doral Pari Nei+ghbarhoi and the prestdent of this neighborhood assraolatiod, wbs noted by mall 10 day+s prior to thls public hearing. In add€tlat the,prpject site titres pastsd wlth o notice advertistng this public haaring, a p6tic was pydblishod Ira the Cr ng€ c9uniy Report and milod noticos were sant to al.l.property OWnors wlthiri egg Feet of the project site.. At the- time of this pdr ing, no g-,trrrespondenoe, either Mitten ar, lactrt�nic; had boan received from any mambers efthe public g!rQA-Goat thrice In accordance with the,California E na* rnrnental Quality Art, the recommended actions are exempt from further' review under 8eot!oit 15331, Class s1 as thew. actions aro destgned fo preserve historic resources. Polegcricni Exemptiorf No; R2 2017.150 vijll' .be filed jor this pr~ojepte SWitegie Plan AiignMent Approval -of this iternauPpoiU the 0t)eS efforts to meet Goal dew Community Heafin, Livability,. Engagement & Suatalinablilty, Objective 'No. 2 (expand olJOartur tles for 'Conservation and envirorrmenta9 Susfaina�ility'i and Ob} tivO '(fie, 3 (6611[tate diverse mousing op prrcturittles and support offatts to preserve and,Amprove thn livability of Santa Ana rtei hborho6ds'j, Ivan -Fla rea Planning Technic ara; IF;jm; SMR "i OJU?1-2066200M I ta5ltw4twire Exhibits I -.SOW Radius Map , - E - Ropartment of Plarks and Recreation Form 3:- Mills Act Agreement 4 Resolution 251-17 ..WE 2008 NORTH HELIOTROPE EXECUTIVE SUMMARY Gabriel House 2008 North Heliotrope Drive Santa Ana, CA 92706 NAME Gabriel House REF. NO. ADDRESS 2008 North Heliotrope Drive CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1948 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATIONC/3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: (Late) Colonial Revival/Cape Cod The most universal of all American domestic building styles, the Colonial Revival has been popular since the 1876 Centennial celebration in Philadelphia stimulated a patriotic interest in the American architectural past. Beginning in the second half of the 1930s, and continuing in the two decades following World War II, the late Colonial Revival departed from the more literal historicism of the previous half -century and was often reduced to a few signature elements. These features include stylized door surrounds; pseudo-quoined corners; multi -paned casement or double -hung sash windows, often framed by decorative shutters; circular, oval, or octagonal accent windows; and eaves nearly flush with the exterior walls. A hipped roof subtype sometimes contained Regency references such as bow and bay windows. Another popular subtype was split-level, ranch, or Cape Cod in appearance and plan, and normally topped by gabled roofs. The materials used in the late Colonial Revival were similar to those of the earlier period—wood, brick, stone, and stucco—although stucco came to be used more frequently than before. One of the oldest American architectural genres, Cape Cod design originated in New England in the late eighteenth century with English settlers, who modified a common English precedent for the new climate and materials. Older examples of Cape Cod houses were usually one -and -a -half stories in height, with a steeply- pitched, side -gabled roof to accommodate the upper story. The Cape Cod style of home persisted as a popular style through the late nineteenth century and then experienced a revival in the 1940s and 1950s because they were easy to construct and relatively affordable, making them attractive to post -World War II builders and home buyers alike.Twentieth century examples are usually one to two stories in height, rectangular in plan and shape, and topped by a side gable roof of medium to steep pitch with little or no overhang. Siding is most commonly wood but may also be brick or stucco. Facades are generally symmetrical, with a central entry flanked by one or two bays of wood -framed windows, usually multi -paned and double -hung. Detailing is consistent with the Colonial Revival. Cape Cod styling was also utilized in two other mid -twentieth century styles, Minimal Traditional and Ranch. Summary/Conclusion The Gabriel House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Cape Cod variant of the Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it contributes to the "overall character and history" of the Floral Park neighborhood and "is a good example of period architecture" representing the Cape Cod style in Santa Ana (Municipal Code, Section 30-2.2), EXPLANATION OF CODES: California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a. type, period,: region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type; period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S1: Contributor to a district that is listed or designated locally. EXHIBIT 2 251-19 State of California—The Resources: Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date 1 of 4 or recorder) Gabriel House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad N/A Date N/A *c. Address 2008 North Heliotrope Drive City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 002-082-05 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located on the west side of Heliotrope Street, the Gabriel House is a one-story, single-family residence constructed in the Cape Cod variant of the American Colonial Revival style. A strong horizontality of massing also suggests the influence of the contemporaneous Ranch style. The exterior of the house is clad in wide, horizontal, wood siding. A medium -pitched, side- gab/ed roof with modest eaves detailed with a plain frieze board spans the symmetrically arranged, front (east) wing. Two intersecting gables in the rear top north and south wings, creating a squared 'U" plan that encloses a small rear patio. A brick Chimney attached to the north elevation appears to be original while an interior brick Chimney, approximately centered west of the side gable ridgeline, appears more modern in materials. The fagade is a textbook example of Cape Cod design, containing a central entry flanked by two, large, eight -over -eight, double -hung sash windows to either side. Shutters adorn the windows. The entry is recessed between two slender pilasters and consists of a paneled wood door with sidelights. Front -gabled (See Continuation Sheet 3 of 4.) *133b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■building ❑Structure []Object ❑Site ❑District ❑Element of District ❑Other *P11. Report Citation: (Cite survey report and other sources, or enter "none") None P5b. Photo: (view and date) East elevation, view west December 16, 2017 *P6. Date Constructed/Age and Sources: ■historic 19487 City of Santa Ana Building Permits *P7. Owner and Address: Anthony Lukaszewski and Maureen Lukaszewski 2008 North Heliotrope Drive Santa Ana, CA 92706 *P8. Recorded by: Ivan Flores 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *139. Date Recorded: January 25, 2018 *1310. Survey Type: Intensive Survey Update *Attachments: []None ❑Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record []Archaeological Record []District Record []Linear Feature Record []Milling Station Record []Rock Art Record []Artifact Record OPhotograph Record [] Other (list) DPR 523A (1/95) *Required information Exhibit 2 251-20 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 4 *NRHP Status Code 5S1 'Resource Name or #: Gabriel House B1. Historic Name: Gabriel House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Colonial Revival/Cape Cod variant *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1948 March 04, 2002. Reroof. February 26, 2015. Swimming Pool. August 09, 2017. Demo unpermitted enclosed rear porch. *B7. Moved? ■No DYes ❑Unknown Date: Original location: *B8. Related Features: None. 69a. Architect: Unknown b. Builder: Allison Honer *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1948 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Gabriel House is significant as a highly characteristic and intact example of a Colonial Revival (Cape Cod variant) house design from the first years following the conclusion of World War IL It was built in 1948 for Melode R. Gabriel by Floral Park developer, Alison Honer for an estimated cost of $25,000. The address first appears in the 1949-50 Santa Ana Directory with Melode R. Gabriel, Rachel S. Gabriel and Kenneth L. Gabriel listed as the occupants. The Gabriels were the owners of the Diamond Ice Company. The Gabriels resided at the property until at least 1962. By 1979 the home was occupied by a Mrs. Herbert Miller. (See Continuation Sheet 3 of 4.) B11. Additional Resource Attributes: (List attributes and codes) *612. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 4.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel, Inc. *Date of Evaluation: January 25, 2018 (This space reserved for official comments.) DPR 5238 (1195) 251-21 Sketch Map Gabriel House 2008 North Heliotrope Drive ee I U'1114 E I 'i'�'aNms HEU MOPE {f�\y(D I 1 k + rP i� Yky td /y k. n c. c t i s s State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 4 Resource Name: Gabriel House *Recorded by Ivan Flores *Date February 21, 2018 121 Continuation ❑ Update *133a. Description (continued): dormers are centered above each pair of windows and contain six -light windows. Windows on other elevations are also wood -framed, double -hung sash. A lunette -shaped gable end vent is visible on the south elevation. Accessed by a poured concrete driveway, a detached, three -car garage is located along the western (rear) parcel boundary. The garage is one- story and capped by a moderately -pitched, side -gabled roof. Bordered by a low picket fence, the rectangular parcel is primarily landscaped with lawn, low trees, and various low vegetation at the deep front setback. The property is in good condition and retain ample integrity to convey the original design. *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Gabriel House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana "(Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War ll, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2018) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Gabriel House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1 for its representation of the distinguishing characteristics of the Cape Cod variant of the Colonial Revival style. Additionally, the house has been categorized as "Contributive" because it contributes to the "overall character and history" of the Floral Park neighborhood and "Is a good example of period architecture" representing the Cape Cod style in Santa Ana (Municipal Code, Section 30-2.2). Character defining features of the Gabriel House that should be preserved include, but may not be limited to: materials and finishes (siding, wood trim, brick); roof configuration, materials, and treatment; massing and composition; fenestration (doors and windows); and architectural detailing (dormers, window shutters, pilasters). DPR 523L 251-22 State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial :)f 4 Resource Name: Gabriel House by Ivan Flores *Date February 21, 2018 © Continuation ❑ Update *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, an Illustrated History. Encinitas, Heritage Publishing, 1994. *1312. References (continued): McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984; revised and expanded, 2013. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept, of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. "History of Floral Park." http://www. floral-park.com/paae2.html. Santa Ana and Orange County Directories, 1940-1979. Talbert, Thomas B. (editor). The Historical Volume and Reference Works: Orange County. Whittier, CA: Historical Publishers, 1963. DPR 523L 251-23 FREE RECORDING PURSUAht'f`'TO GOM� RNM�NT r OD5 27,383' RESOLUTION NO, 20184X BE IT RESOLVED BY itis Ffl'i'C�ffG. REtUft S tMMIIiN OF THE Section I The Historic Resources Cdrnmisslan of the City of SeritaAna hereby find s, determines End tiaras asfol(nws A. tip January , 2018 ttlo HIstoric. k6gources 'Commissionheld a :dulynoti d publlp hearing rot the plpee fien ark the Santa Ana Re-gistart ff. Historical Propartles Historiq Resourcr sCot7irnlss do 4 llcwjor. Na:. 2017- 30) and gateg'grizatlon (Hf0gtIIc IResource4 Cgnimlasion Cate otizatiet No, 2017 4) of the Gabriel Hggti� located at'2008_ North The Gabriel Hwsa hos Aisfiltcfive amb tecturat features of the Carso, Cad This Dame quall#ies W list-Inq en fthe '$anta Ana Register Properties and is ell tbla"fcr ategarl titan as 00tribofive, Howe qualifies for tisflnoin the Santa Ana Register Properties under Criterlon `1, for its awropllf[catlon of then haraeteristlus of the Dane Coif styla. Charactardelininq fe Gabriel Hoose that she materiais and finishes treatment; massing aar and architectural 'pieta taouse `Vias beep cater the overall characterar gao'd exarnple of perms anfa Ana [Santa Ana nestration (doors and wlndows)fr 666 shutkemj, AddItiona ly, the wtive" because It "wntrlbutes to loyal Park neighborhood and "is a )resenting the Cape Cod style in D. The legal owners of the property are Anthony and Maureen`Lukaszewskl E, The legal descelptlon for the subject_ property is attached hereto as Exhibit A and inner uratsd bythis reference as thbugh fully set forth herein, XHIBIT t 251-24 FRF,ie RE ORDING PuiasUANr TO GOVERNMEN` C'�ODE §-27383 F, The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to°Sectlon 0-2 of the Santa Ana Municipal Code: 0 The subject property meets the minimal standards for placement in the Contributive category pursuant to .8ectlon 0-2.2t3i of the $Ants Ana Municipal Code, Seatigth,2. In epOrctance wiiK the California,Environmental Quality Atip rec€�mmended ootiehs are exempt from further review under Section 1.5�31, Class S1, as these actions Ore designed to preserve historic resources. Qztegorical Exemption No, ER -2017-156 will be Filen for.this project. eclton ; The Historic Resources Commission of the City of Santa Ana'after condd,ptiny the poblio'beerlng hereby approves: His todc Resources Camnilssion Appllnalibn Ne. 201"7„34, to place the Cabddl Howse located -at 2-008 North Heliotrope Drlve,'Santa Ana, 92705 on the historical register, and t3. Historic register Categorization filo, 'rCi`i-29 placing the Gabriel House iodated at 2009 North Halioirope Driva, Santa Ana, D2706 within the Contr7butive oategpry; These da bilsi rm are 'based upon they eVidehce subinitt d a# the abaVo said hearirtg, Which includes, but: is not limited to: the 'Staff repairt anti exhibits attached theroto,.ths report entitled "Historical Property Descriptiori" and the pUblic tostimnry,.sil of which are incorporated Herein by this refererica Section 4.. ror the subject propart , a report aAntitled "Historical {property D cription" IsonfliewiththePlanningDivision,andisherbyapprovedandadopted,-and together +stn the staff report and this resoluttan, Justify the findlriasfcr placement nn the City of Santa Ani Register of Historical Properties into o;category, The Historic R source , Commission Secretary is authorized and directed to include this. resolution in•the pity Of Fanta Ana reglsterof Historical Properties, Seddon 5, ThalHistoric Resources Cornmissiori Secretary Is hereby directed to file a certltaed copy Of this Resolution Withthe County Recorders }Rice after the adaption' of this resdlution,pumuant to public resources Code Section 5029,; ADbPTE,Dthis 25th day of January, 2018, Alberta Christy Chairperson 251-25 ,REE R �CQRPINP PURSUANT 7Q Appkov,b AS T F6RM' I c�nia =` arlalhtt; 6ty,M4 n y yt m isa Starck A si marrt City Attorney :AYE5z comm ssicin mdmhers WE& 66mmission mdmbers< A8 TAIN �tomrr+ ssion members dT F'RESLW Coo s!4ofJ mer7tbers LRTIFiC Te(jm=.ATTESTATIOhdJ1ND'ORIGINAt.IT G SARAH B�RNAL,Cb&mispfdn Se retary, do hereby attest to and certmty'tiie attached:' Rewlutidn No,. 2018' -XX 'to be the Or final resolution adopted by Hlst jc Resai�rce Com mi sen f tmr City �f Santa Ana on 4pr uary ?�, �I18. Date omossion Secretary Gityvf Santa Ana 251-26 FREE RECORDING PURSIJANTTO GOVERNMENT CODE § 273 3 Exhiblt'A A,PN Mdresa Legal:D scrlp$ion owner Names ' 002-082-0 !db-- h Heliotrope LOT 20, 21 AND 22 IN ELO1- Anthony Drive A OF TRACT NO, 1035, AS Lukaszewskl and SHOWN ON A MAP Maureen 6 RECORDED DED IN BOOK 33, Luka zgwskl PAGE 46 OF MISCELLANEOUS MAPS, RECORDS GRANGE COUNTY, CALIFORNIX EXECPTING, THEREFROM THE SOUTH SO 'FEET OF SAID LOT b, SAID 50 FEET DEING MEASURED ALONG THE WESTERLY LINE OF SAID LOT 20, ALSO EX EPTINb THEREFROM ALL THAT PORTION OF LOT 22 LYING 'NORTH ON THE FOLLOWING EESURIBE LINE: QEINNING AT A POINT ON THE NEST LINE OF SAID LOT 22, 9,24 FEET NORTH OF THE SOUTHWEST CORNER THFREOF; THENCE SOUTH' 89 DEG, 06'00," EAST PARALLEL TO THE SOUTH LINE OF SAID LOT, 160,09' � FEET TO A POINT ON THE ; EASTERLY LINE OF SAID 1 1.0 SAID POINT BEING 0,27 FEET MEASURED ALONG SAID EASTERLY LINE FROM THE SOUTH EASTERLY LINE FROM THE SOUTHEAST` C RNER OF SAID LOT22_ 251-27 251-28 �ryti R! x 1! 1i� SR A �i HWodc Resouires, Commission Acfion r M ♦ VAO KMM DATE JANUARY HISTORICPUBLIC HEARING — • NOS, 5,2; pfepared by R APPROVED 1 As Recommended' U Sei f OMP Hearing For CONT'INUEO'nD ., c�ftngjExecutive i reetc r Acti(c1 Plan lr g lylerr c ee 1, Adopt a resolution approving Historic Resources Commission Application No. 2017-31 and Historic Register CategonzatiOn No. 201.7.80 Z Recommend that the City Council authorize the City Manager- and Clerk of the Council to execute a Historic Preservation Agreement No. 2017-35 (Mills Act) with Darnel A. and Stephanie M. 5chaeter, subject to non -substantive changes approved by the City Manager and City Attorney, Daniel A. and Stephanie M Schaefer are requesting approval to designate an existing residence located at 2l4O North Greenleaf Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreementwit1h the City of Santa Ana, Pro[ect Location and Site DeActiptigh The subject property is located on the west side of Greenleaf Street in the Floral mark neighborhood, The site consists of a 1;5029square-foot, Tudor Revival style residence and detached garage an a 7,259 -square -foot residential lot �Exhlbit 1). Analyss of the Issues I -I stoncol Listing In March 1999,the City Councit approved Ordinance No. NS -2363 establishing the Historic Resources Commission and the Santa Ana register of Historical Properties, The Historic Resources commission may, by resolution and at a -noticed public hearing, designate as a historical EXHIBIT S2 251-29 ,=any t�tallding or pert arottitecture of the city in ac( Munlei HRGA No, 2017-31, HRG No, 200 T 30 HRPA No. 2017`=35 January 0, -0`t«` page. + Lorna teen proservattort of the prciperty,and visual fmpr6vementtoJhqnalgbb6rhood Altaws for alttechanism to'pr�ovide for:properiy r�Fiablilatien, 4 1 rc vldes oddltionat incentive for poteritial buyers to purchase htstoricistrudt.ures Discourages inappropriate alteratiohsto the property The property has rio identified unauthar}zed modifications. ttpbri tbrisideretlon of the application, it Is recprrimenda that the pity enter' into a htlstoric Property Praseryatiors Agreerient, Pubilb Notification The subject site, is 'located Within the Ploral Perk NeWhborbood �spcigttan boundaries. T"he prdsident of this nel�hborhood association was notified by.rnafi lG days prior tri this public hearing - In additlori, ttre project site was postedwith a notice advertising thispubtic trgarlhg, a notice was pubic sed iii the Orange Qatirity Roporlor and mailed notic`as wore sera to all property, -Owners Within 500 tept of tho:project rite. At the time bf ,this printing; nO c+�- , ondence. either written or eiectroilic, Ila `kieen roof lved froib any me_ ptbsts of the public, eg ohipttande In accordance With the Call€urnia grivimmental O alrty Act„ thie recnrnmendeO Actlons are exempt trbrh T Ether review under Section 15331, Mess 31, As these acticins are,,designed to preserve hlst6rCc`resouroos. Catacgo%al E*gptic)n No Pfd 2017-1$7 will be filed forihls project, Strate„grc Plan A t amen Ap4rraval of this item supports the City's efforts to meat, oat No.. 5. Community Health, Uvabllity, Engapernent & gus%inability, Objective No. 2 (expand eppartunities for .conservation and environmental susteinability) .enol Objective NoH 3 (facilitate diverse housing opportunities and suppwtefforis to preserve and improve the iivablIly of Santa Aria naiOhborhoods), 5.[NI��1�T1°(�li wiz-9t94F �'eesnteq..{l7;astYy HRT-iS�yti�9d0 Grt��n@rsF�Ghr£ Exhibits 1- 500" Radius Map - Depamment of Parrs and Recreation Forr7 3-'Mitls Act otgreement 4 - Resolution 251-31 PLANI INCA AND BUILDING AGENCY wNly EXECUTIVE SUMMARY Heath House 2140 North Greenleaf Street Santa Ana, CA 92706 NAME Heath House REF. NO. ADDRESS 2140 North Greenleaf Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1929 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION =CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Tudor Revival The Tudor Revival looked to medieval England for its inspiration. Signature features of the style include steeply pitched gables; decorative half-timbering; arched openings, often Tudor or Gothic in form; asymmetrical arrangements of building features; tall brick chimneys; and picturesque windows of leaded glass or diamond patterned lights. The more ambitious examples of the Tudor Revival were executed in brick or even stone; however, stucco over wood frame is quite common in the forgiving climate of Southern California. The Tudor Revival was favored primarily for residential buildings, although small scale commercial buildings in the style also occur. Born in the late 19th century, the Tudor Revival was associated with some Craftsman era building but was most popular during the 1920s and 1930s, SUMMARY/CONCLUSION: The Heath House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of the Floral Park neighborhood, and, as an intact example of the Tudor Revival style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region; or method of construction, or represents the work of a master, or possesses high artistic values, • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S1: Individual property that is listed or designated locally. I*:/`II-71IF 251-33 State: of California—The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARY RECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date Page 1 of 3 Resource name(s) or number (assigned by recorder) Heath House P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad: TCA 1725 Date: March 3, 2015 *c. Address 2140 North Greenleaf Street City Santa Ana Zip 92706 *e.. Other Locational Data: Assessor's Parcel Number 002-081-09 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, this one-story residence is a highly characteristic example of a modestly sized Tudor Revival home from the late 1920s. The steeply pitched, cross -gabled roof tops the stucco covered building and incorporates a side gable that spans the building and two front gables. The once wood -shingled roof includes rolled edges with little or no overhangs. The smaller of the front gables tops a centered entry vestibule accessed by two arched openings, each of which is outlined by stone quoins. A round -headed, wooden front door opens off the vestibule. Stone quoins also decorate two large, rounded tripartite windows located to either side of the entry. The north window is centered beneath the larger front gable, whose extended north rake tops an arched opening in a wing well, Diamond-shaped, attic vents are located in the ends of the large front and side gables. A tall brick chimney with stucco finish is attached to the south elevation. Simply landscaped, the front (east) facade appears to be unaltered, other than the installation of new pavers on the front walkway and the "Hollywood driveway" with a central strip of grass on the south side of the property. The driveway leads to a detached, one-story, stucco - clad, front -gabled garage, built at the same time as the residence and also detailed with a diamond-shaped vent. Additions noted in the building permit record are not visible from the public right-of-way. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure []Object DSite ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view west December 2017 *P6. Date Constructed/Age and Sources: ■historic 19291 City of Santa Ana Building Permits *137. Owner and Address: Daniel A. and Stephanie M. Schaefer 2140 North Greenleaf Street Santa Ana, CA 92706 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 25, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: DNone OLocation Map OSketch Map ■Continuation Sheet ■Building, Structure, and Object Record DArchaeological Record DDistrict Record DLinear Feature Record OMilling Station Record DRock Art Record ElArtifact Record EI Photograph Record D Other (list) DPR 523A (1195) 251-34 *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S1 'KeSOUrce Name or If: Heath House B1. Historic Name: Heath House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Tudor Revival *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1929 May 7, 1951. Termite repairs for J. O. Heath by Orange Co. Termite Control. $150. April 29, 1970. Replace 2 fixtures by Pacific Inst. May 4, 1970. Replace 8 outlets, 1 fixture by H. Emerzian. October 6, 1997. Remove wood roof shingles and replace with composite. February 12, 2004. Enlarge master bedroom, covered patio addition and window changeout. February 12, 2004. Add workout room onto detached garage. *B7. Moved? ■No ®Yes ®Unknown Date: Original location: *B8. Related Features: Garage. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1929 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Heath House is architecturally significant as a characteristic example of Tudor Revival House style. It was built in 1929 and the first known residents were J. 0. Heath and Mrs. Heath E.C. According to city directories, the next resident John K. Pirkle. It is unknown how long Mr. Pirkle resided in this property. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *614. Evaluator: Leslie Heumann/Chattel, Inc. *Date of Evaluation: January 25, 2018 (This space reserved for official comments.) Sketch Map Heath House 2140 North Greenleaf Street GREENLEAF w � a -I= 0e OII O (DQ C7 ,o ,I 081 TRACT M9 I I I E �..I , ..- , ,iPill."IT DPR 523B (1195) 251-35 *Required information State. of California— The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Page 3 of 3 Resource Name: Heath House *Recorded by Pedro Gomez *Date February21, 2018 0 Continuation ❑ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1669 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Heath House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange County Register, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1961). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the EI Toro Marine Base during World War 11, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2018) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Heath House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Tudor Revival style. Additionally, the house has been categorized as "Contributive" because it because it "contributes to the overall character and history" of the Floral Park neighborhood, and, as an intact example of the Tudor Revival style in the Floral Park neighborhood, `is a good example of period architecture." Character defining features of the Heath House Include: materials and finishes; steeply pitched roofs; stone quoin accents; arched entry; asymmetrical arrangements of building features; tall brick chimney; picturesque windows; diamond pattern vents; cross -gabled massing; and garage. *1312. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia. New York, WW Norton, 1996. Marsh, Diann. Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources. " Sacramento: March 1995. Santa Ana and Orange County Directories, 1930-1979. `Alison Honer Dies at 84,"The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. "History of Floral Park." htto://www.floral-park.com/page2.html. Santa Ana and Orange County Directories, 1940-1979. Talbert, Thomas B. (editor). The Historical Volume and Reference Works: Orange County. Whittier, CA: Historical Publishers, 1963. DPR 523L 251-36 FREE RECORDING PURSUANT TO GOVERNMENT > 0 E � 27883 RESOLUTION NO, XXXX BE IT RZBOLVED, BY THE rn -It RIE-SOURGES I COMMISWN OP THE C)TYbFa a x a a O. P Section The hllstoric ResorOrces arnmiss(orr of the City of Santa Ana hereby finds, determines and declares .as follaws: A. On January �5', 2018 the Fllsturid� Resources CommWsIgn held a duly noticed public'hearing far the placement on the. Santa Alta Rogister of Histortral Prnpertias (Historlc Rasoo�'Ces cornmisstoh Application No, 41 7-31) -3`l) and categorization (Historic Resources Commission Categorization` o, to Heath House wated at 2,140 North 8: The Heath House has, distfhctve archtt tural features of the Tudor ReOval style, a id W09 bolli,lo-1923. C. This home qualities for listing un .ttie Santa Ana Register raf Histurical Properties and, is eligible for Jdelegoriatlgn as °CentributIve" because it "contributes to the ov rali character and history" of the Floral Paris neighborhood, ond, as ran eclectic version of the Tudor Revival style, `Is a .good example of period architecturo," Charaoter-defining'Features of tba; Heath House that should be preserved Include,'but may neat be limited to: materials and flnfshes, steeply pitched rials#s, stone quoin accents, arched entry, asymmetrical armrigemerRts of building Features, tali brtclk •chimney; picturesque windows; diamond pattern vents; and cross -gabled massing. 3 The legal owners of the property are 'Daniel Aa and Stephanfe M. Schaef;war. R. The legal description for the sublect property is attached hereto tsi Exhibit A and in rporsted by this reference as though Fully set forth hereirk.. F. The subject property meets the minimal standards for placement ala the city of Santa Ana Register of Historic Properties pursuant to Section 30 - of the Santa Ana Municipal Cods 251-37 FREE RE ORC&ING PURWANTTO GOVERNMENT CQOC,"'27383 G� The ;Subject property Meets t11e minimal standards for placement in the. CQntrib)UM category pursuant to Section 50-212(3), of the Serpa Ana Municipal Cede: entlon In accordance with the 'allfornia EnVIrohmantal duality: Act, the recornmarided actions are exempt from further review ander Section °l i,, 0 -lass 31g as These actions are. desigrted to pt6servs historic resoUrcas„ Cat0g6rlcal Exemptl n Nm P-1;-2t111r�157 will, be filed for thlsproject, Section 3: The Hlstprl� Re urces ommission Of theZity of Sonata Ana after banductino the publio hearIno hereby eporbves: A, Hlstprlc Resources Qammisslon Application Nor 2617.31to plan a- the Heath House °located it 2146 North Greenleaf Street, Santa Ana, 92706 on tht .histod.cal reglatet, and 13Histerlc° l egf ter. efe crization No 2917-W placing the`11e6th House located at 2"1411 North Greenleaf Street Santa Ana, 0108Withrm the C ntributive categpry,• These declsluns are based 'upon the evldenee subMitted at the above said hearing, whlch'MgIUles, but is not limited to: the Staff repent and exhjbjts att4ohed theeeto, �ttte repbri`ehfitled " Hist 601 Property Description' and the public I,4stimany, all of ADOPTED thls 25th -day of January, 201d Alberta, Christy Chairperson 251-38 FREE RECORDING PURSUANT TO GOVERNMENT GORE 9 27383 APPROVED A TQ FORM: Sen@a R. Csrvelho, City Attorney By Lisa atorck Assistanttity Attonley AYES: Commission members NOES: Commission members ABSTAIN: Commission rhembees NOT PRESENT Commission mambprs CERTIFICATE OF AT'T°E TATiC?NAND OkIGINALITY I, SARAH BBRNAI-:j, Commission Secretory, de hereby �t#est to and certify the attachad Resolution No, ?« to be the original re.8olutlob adopted by Historic Resources. C,orltmission of the City of Santa Ana bn.January Cute, Commission secretary City of Santa Ana 251-39 rREE RECORDING PU RSUANT TO GOVeRNMENT,C0DE §27383 ILEGAL DEStRIPTION 251-40 REQUM FOR Historic Resources Commission Action JANUARY 25,2018 Prepared ley Ricardo Soto C=4913=0 '1111221 APPROVED M As Renommajided, M As Ameadad 0 50PLiMet-learoplFor CONT)INUED TO Acting Exeouirel*61 re-clor AefingP ing Manager, RECOMMENDED ACT -1014 Recommend that the City C60cll authorize 'the City Maneper and Clark of the Council to exeWte a Historic Property PreservationAgreement(Mills Act,) with Gia Hoang N90yen for the property located at 2009 North II Street, sybject to rion-substantive changes Approved by the City Manager and City Attorney, Roguastibif Applicant Sia Hoang Nguyen is requesting approval to execute a Mills Act agreement with the, City of Santa Ana at an existing; residence located at 2C 09 North Oakar Street that Is currently Isted on the Santa Ana Reglster of Historical Properties. Protect Location and Site Description The subject property, known as the Prioe-Preston House,, consists of an existing two -stool Colonial Revival style residence that is appiraArnaely 3,240 square (set in size w! , th an attached garage on an 16,719-square-fobt, residential lot (Exhlbtt 1). The home was added to the Santa Ana RegIster,of Historical Properties in 2005 and categorized as "Key," Ana[ysis of the Issues Ordinance No, NS -2382 authorized the Historic Resources Commission to execute Historic Property Preservation Agreements (HPPA), commonly known as Mills Art agreements for eligible properties (Exhibit 2), The property is listed on the Santa Ana Register of Historical Properties and categorized as Key, making it el1giblelor a Mills Act agreement, The agreement provides monetary incentive to the properly owner in the form of a property tax reduction In exchange for the owner's volUntary commitmeritto maintain the property In a good state of repair as necessary to maintain its character and appearance, Once recorded, the agreement generates a different valuation method in determining the property's assessed value, resulting in tax savings for the owner. Aside from the tax savings, the benefits Include: 14ANNIIIIIIIIIIII11--K 251-41 • La Aq terra preservation of the -property -and visual improvernerit to the nelghb6rhnaad * Allows for 6 rnecl-vanism to p60defor property rehabilltat do • Provides od'ditranal noenfive for potential Dyers to.purcllas4histaric structures DIscouraaes in anoroori ate alterall ons to the,raraPerty The property has no urputfrirr'rzed modifications and rp preserved; in.If bri incl cohdItit n.. Upon consideration Of the application, it Is recommondpd that the City enter into a Historia Property Preservotiort kreemiefgt; 6blic htotiflcatloh The subject site is located With n the: Moral Park Neighborhood Assoeldtiidrf bou6d6ries, ne, presidoht of this-nefg4orhrabd a scoiatigd, was notified by Mail 1,0dbs pnor [ra this hearing At. thb'llme of this printing; no correspondence, either written at elodtrpnl%, had peen r6ONVed'fronn ariy rnert l rs of the publjo� In accordance With the Qh1ifornia Envlraarimenial Quality Acyl, the reoOrnmended actloii rs oxampt, Pram further review u6c36j°iedflnn 1 1, Mass 1, ea Olt act" to, as designed Eo prgservd histork resource tateborical Exemption Na: Eft -2'017-100 will kaafRod for this p'rralsct Strategic Puri Alignment Approval of this item suppo support effects to rcardo Soto Associate planner efforts to ;mas,113bal Nu, 5 oMMUr"ity Hbalth, Livability, to leo. 2 (expand opportuniiles for conservafton and kve `No. (facilitate di[Varso housing app6riurfitioq and the livab,ility of Santo Ana refghborhoodt). R&IM 4HA02Q1M2atQ,a h4'PAer%20G9 Nflaker • HRes18tr Repothm Exh bits 1 v 500' Radius Map A Mills Act,Agreerrrent 251-42 I I 251-44 JANUARY 2'6, <2018 APPROVED TITLE: 0 As Recoromonded PUBLIC HEARING – HISTORIC RESOURCES 0 As Arneoded MMM fiSM APPI IrATinm Kin 9917-A'% 0 Set Publit Hearing For NO, 2017.62, AND HISTORIC PROPERTY 0QNTfNUED TO PRE:SERVATION AGREEMENT 140.201745 I PROPERTY LOCATED AT t313 NORTH LACY STREET {STRATEGIC PIAN NOS, 5, 2; 5,3} Propsrerfby Pedro Gomez k;tlni EiduRve IDW otor Acting lila in Manager; RECOMMENDED ACTION t. Adopt a resolution approving :Historic Resources Commission; Appllcatton Nco 017�63 and Histerlc Register Categorizollon No. 20117-62; 2, Recommend that the City Council authorizer the City Manager and Clerk of the Council to execute the, attached Mills Act agreement with Jason and Tabitha Hunter, subject to non - substantive phagges approved by the City Manager and City Attorney; Jason and Tabitha Hunter are reguestlrig approval to designate an existing resfderica located at 018 North Lacy Street to the Santa Ana Register of Historical Properties, as well as approval to execute a Mills Act agreement with the City of Santa Ana. Project Location and Site Rescripiltsn The subject property is located on the westt side of North Lacy Street in the rrenoh Park neighMrhiaod. The site consists of a 2,336 -square -foot, Craftsman/Bungalow style residence: and detached garage on a 7,600 -square -foot residential lot (Exhibit,l). Analysis of the issues ff, _sto_r i—O A _0 S-6IIA In March IIJ99; the City Council approved Ordinance No, NS -2363 establishing the Historic Resources Commission and the Santa Ana Register of }historical Properties. The IWlistpric Resources Commission :may, by resolution and at a noticed public hearing, designate as a historical EXHIBIT B4 251-45 H R A No 201' r -0,1, 11 No2017,0 HPPA,Nol 20117- january i5, F 018 Page property any Wilding or part there6t t archltectore of he cfton�ad rdanoe, IUnidraal re (SAI Tlt1 prcaje Chapter iii of the Santa Ana l tunlclpal determine if this structure la eligible for PrapeAles. Thdflrst criterion for selectti Ei ,in to `f he structure ttlentlfied _fneets the minimum selection criteria for inclusion on the Santa Ana Re !star 0 t-iistoripal Pro . prtig ppieuoirrt to 1pria contained In ctlun SO4of 'the $auto Ana 'Munid mal Code as the property is 104 years old and ,is a good example of period architecture, N€i.lthown dude violations exist ran retroed for this �iriaperty, the and eventually (elided lit Santa Ana in years had built a so tial portfolio of Included several schools, numerous M buildings. He proved himself zo :bo mas style, `which he denivrt trsted 7n his dasig r -Rosa House;; is ,located within the French Park Arctriteo ural featured of the Oraftsrnanl4ungatoiv style Historlr • Places In 100, as a contributor 1to the French 4 aythiteot Frederick Eley,,the Ta 1pr-Roso Hous was ind. MInnie Taylor Etey'has been labeled, with- roaeon Ms born and'ed caled in 'England, rriigr'ate fea Harada, I. =f -le opened en archrtectural practice and within two ;hitectpr l commisstsns hroughout DrarigO Cqurtyt4t ences; and .a-vaeloty ,ofcommends) And institutional. of many architectural oeuvres, Indludln i the Craftsman In regards to rmodificAtion% there appears to be rain-orfgirral stucco dladdlnz covering the first floor elewtion, However,'the occasional use of stucco has been previously seen on Craftsman blyle resid ncas, Instead of traditional wood lap or shingle aiding: In addition, the stud cladding hoes not detract fr6m the property as it retains a majority of the character -defining features that'embody the massing, materials, and detailing of the leftsmxf/5unigalowstyle, Character defining features ofthaiaylor-}Rase Mouse that hpuld be preserved ihclvda, but may not be limited to ,materials and finishes; low-pitched side -facing gabled roof with wide eaves; exposed structural elements such as beams and rafter tails; triangular knee braces; vertical boards with vertical cutouts ending in cities and adding .d Swiss touch to the, peaks of the gables, wood shingles covering the second floor facade; smaller shingles within the center of the front facade; ribbons of casement windows; 6 -over -1 double -hong windows; single -storied entry portico featuring pairs of exposed bead ends and wide eaves with exposer rafter tslls; pairs of wood columns, with slant -cut bearers, at the. top and which support the porch; matching porch extending from the north side, and a slanted bay window located can the south side (Exhibit 7). it is recommended that the house bo designated to the Santa Ana Register of Historical Properties and categorized as "Key' for Its "distinctive architectural style and quality, embodying the massing, materials, and detailing of a Craftsman/Bungalow stype In a two-story residence, and for being a work from notable architect, Frederick Eley. 251-46 HRCA No. 2017� 3, HRG No, 2017-82 HPPA No, 20117m(515 .ianuary25, 2tl'18 Page Mills Agt Agreement ince No. NS2382°4011horized the Historic Resources Commission to execute Historic Property rvatlon Agreements (HPPA), commonly known as Mills :Act egr enier*5 ter eligible ptoperties 43). To be eligible for the Mills Act, the property must ba listed on the Santa Anaregister of Categorization actions The agreement provie ,reduction in exchan1ge of repair as necessar! generates a different u savings far the owner, toric resources Commission Applica for this alte authorize the listing of the p ary Incentive to the property owner,fn EM Im from the tax, savings, the r and Histodcc Register Darty on the local register. e form of a property tax e property In a good state ragorded, the,agreel7tant sed uatue, resulting in tax • t,onq term preservation ofthe property and visual improvement to'the neighborhood • Allows for a mechanism to provide for property rehabilrtatton • Provides additional Incentive for potential buyer's to prtrohsse historic structures • Discourages inappropriate alterations to, the property The, property appears to have nonnoripinal stucco cladding covering the .first ,,floor efavatlon `However, as previously mentioned, stucco, is occasionally used as siding on Craftsman style residences, tri addition, the stucco cladding does notletiaot from the property -as It retains a majority of the character,deffnlng features that embody the• Craftsman/Bungalaw architectural style, Therefore, uponconsideration of the application, it is recommended that the City enter Into a Historic Puiir Nc�titicattoti The subject alto is located wlthl'ri the t=rench Park Neighborhood Assoctatlon boundaries: The president of this neighborhood rassociation was notified by rail 14 days prier to this public hearing. In addition, the project site was pasted with a notice advertising this public hoadnp, a notice Was published in the Orange County Reporter and mailed notices;were sent to all property owners within 500 Feet of the project site, At the time of this printing, no correspondence, either written or electronic, had bean received from any members, of -the public- In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these action's are destgned to preserve historic resources. Categorical Exemption No. ERs2ti17-153 vlll be filed forthis project 251-47 € IkRGA No2017-(53, H- RtiJ.No, 2017 62, H'P PA Noi2017135 January�5' 2018 fir 90 4 5trat cite'Plan Atlgr_t ent Approval of this item supports thl 's iif rt' #n meet' al No, b,co mun!ty Heaithr Livability, ,gago rlent ' $ustai abilllYr: Qbj%tive No, 2 {exparid vppart anitie% for an environfrient6t 'sustwrlabillty) And t?%je6V No, 3 (fadlRbt6 diverse housing apparfunItles and support efforts to preseC e argil irl prcruethe IIUa tilt of Santa AnA nalglftrhpodss ' xlllblts I- 50V ROcilus Map 2-� Dep Brent of Parks and RU,(9e10h Fort' 3 - Mills Act A,raerrint: 4 µ R6salutjon 251-48 500' RADIUS HRCA 2017-63/ HRC 2017-62/ HPPA 2017-65 918 NORTH LACY STREET THE ROSE HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 1 251-49 EXECUTIVE SUMMARY Rose House 918 North Lacy Street Santa Ana, CA 92701 NAME Rose House REF. NO. ADDRESS 918 North Lacy Street CITY Santa Ana ZIP 1 92701 ORANGE COUNTY YEAR BUILT 1914 LOCAL REGISTER CATEGORY: Key HISTORIC DISTRICT I French Park NEIGHBORHOOD French Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 11,3 CALIFORNIA REGISTER STATUS CODE 1 D Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Craftsman/Bungalow Closely related to the English Arts and Crafts Movement, American Craftsman architecture was popularized by The Craftsman magazine and architects such as Charles and Henry Greene of Pasadena. It drew from the wood building traditions of Japan and Switzerland as well as the medieval themes favored by the Arts and Crafts philosophers. Craftsman architecture stressed honesty of form, materials, and workmanship, eschewing applied decoration in favor of the straightforward expression of structure. A new appreciation of nature was evident in horizontal lines that reached out to embrace the landscape and the incorporation of capacious porches into building plans. Primarily a residential style, Craftsman architecture can be identified by low pitched gable and hipped roofs with exposed rafters and beams in deep overhangs; wood lap or shingle siding and an occasional use of stucco; extensive use of stone or brick as a secondary material; horizontal emphasis apparent in roof lines, headers, and battered porch supports; and broadly proportioned wood framed windows, often clustered in bands. Craftsman homes were built from circa 1902 until the early 1920s. SUMMARY/CONCLUSION: The Rose House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Craftsman/Bungalow style; Criterion 2, as a work from notable architect, Frederick Eley, whose work influenced architectural development in Santa Ana and Orange County; and Criterion 4, for its contribution to the historic French Park neighborhood. Additionally, the house has been categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Craftsman design; for its "association with a significant period in the history of the city', namely the development of French Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and "association with a significant person' and notable architect, Frederick Eley (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources, September 4, 2001.) 1: Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. ID: Contributor to a district or multiple resource property listed in NR by the Keeper. Listed in the CR. EXHIBIT 2 251-50 State of California—The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD Other Listinas Primary HRI #__ NRHP Status Review Code Reviewer 1 of 3 Resource names) or number (assigned by recorder) Date P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 *c. Address 918 North Lacy Street City Santa Ana Zip 92701 *e. Other Locational Data: Assessor's Parcel Number 398-031-11 *P3a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) The Rose House is a two-story, Craftsman style, single-family residence, capped with a low-pitched side -facing gabled roof with wide eaves and accented with triangular knee braces. Vertical boards with vertical cutouts ending in circles add a Swiss touch to the peaks of the gables. Wood shingles cover the second floor, while the lower story is clad in stucco. The fagade is symmetrical in composition. Bands of five casement windows, each featuring four lights delineated by a grid of muntins in the top third, are located to the north and south of the central entry on the first floor. Pairs of six -over -one double -hung windows are used on the side bays of the second floor while a pair of smaller casement windows occupies the central bay on this level. Upper story windows are topped by heavy, tapered lintels composed of shingles. The upper stories of the side elevations are similarly fenestrated. A single -storied entry porch features a broadly pitched, front gable roof that rests on pairs of exposed beams and exposed rafters. Pairs of wood posts, connected by slant -cut beam "capitals," support the porch roof. The front door is a broadly proportioned wood slab, pierced by three vertical windows, and recently restored to its natural finish. A similar porch is attached to the north elevation and a slanted bay window is located on the south elevation. The most visible alteration to the house, which has recently been sensitively rehabilitated, is the non -original texture of the stucco cladding covering the first floor. Building permits also document an interior remodel to the first and second floor; conversion of the existing rear porch into a laundry room with new door, door side lights and one new hung window; and replacement of non -original wood shingles; replacement of a second -story window. Other than the noted changes, the house appears intact and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ■Element of District ❑Other P5a. Photo P5b. Photo: (view and date) East elevation, view west December 2017 W. Date Constructed/Age and Sources: ■historic 1911/ City of Santa Ana Building Permits *P7. Owner and Address: Jason Hunter and Tabitha Hunter 918 North Lacy Street Santa Ana, CA 92701 *P8. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *Pg. Date Recorded: January 25, 2018 *P10. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: ONone ❑Location Map ❑Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record ❑Archaeological Record ODistrict Record ❑Linear Feature Record [Willing Station Record ❑Rock Art Record ❑Artifact Record El Photograph Record O Other (list) DPR 523A (1 /95) 251-51 *Required information State of California—The Resources. Agency: Primary# DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRNP Status Code 1D 'Resource Name or 9: Hose House 61. Historic Name: Rose House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *135. Architectural Style: Craftsman/Bungalow *136. Construction History: (Construction date, alterations, and date of alterations): Constructed 1911 November 23, 1937. Reroof. $45. June 5, 1947. Install brick siding for Emma J. Rose. $1,550. July 22, 1952. Replace primary garage (Fire Damage) by Emma Rose. $700. June 13, 1989. Replace drywall and plaster due to fire. February 2, 2016. 1st and 2nd floor remodel; legalize porch converted to laundry with new door side lights and one new hung window; replace non orignal shingles on 2nd floor; and C/O (1) window on 2nd story along hallway. April 27, 2017. Chimney repair using standard earthquake damage detail from Los Angeles. *137. Moved? ■No MYes ❑Unknown Date: Original location: *136. Related Features: None. B9a, Architect: Frederick Eley b. Builder: Unknown *610. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1911 Property Type: Single -Family Residence Applicable Criteria: A/1, C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Rose House is historically significant for its contribution to the National Register of Historic Places -listed French Park historic district and architecturally significant for its association with architect Frederick Eley. It is a good example of Eley's work in the Craftsman style, with its low-pitched side -gabled roof treatment, strongly horizontal lines, and use of wood reminiscent of Swiss and Japanese architectural traditions. Eley has been labeled, with reason, Santa Ana's premier historic architect. He was born and educated in England, migrated to Canada, and eventually landed in Santa Ana in 1911. He opened an architectural practice and within two years had built a substantial portfolio of architectural commissions throughout Orange County that included several schools, numerous residences, and a variety of commercial and institutional buildings. He proved himself to be master of many architectural oeuvres, including the Craftsman style, which he demonstrated in his design for this house. The Rose House was built in 1911 and the first known resident was Sarah E. Bloodgood. Ms. Bloodgood originally purchased the property from W.H. Spurgeon Realty Company and ultimately built the Rose House for the amount of $3,000. After a twelve month illness Ms. Bloodgood passed in 1912. In 1915, Mr. and Mrs. W.S. Rose purchased the residence for $3,500. Little is known about Mr. W.S. Rose. However, Mrs. W.S. Rose was President of the Santa Ana Women's Christian Temperance Union (W.C.T.U) and hosted a number of community organizations and social events. Mr. and Mrs. W.S. Rose continued to live in the residence until at least 1963. According to city directories, the next resident was Thomas B. Gorman, who resided at the property until 2015. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits French Park National Register Nomination (1999) Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *1314. Evaluator: Leslie Heumann/Chattel, Inc *Date of Evaluation: January 25, 2018 (This space reserved for official comments.) Sketch Map Rose House 918 North Lacy Street DPR 5238 (1195) 251-52 *Required information W axm+m *Yi 2 DPR 5238 (1195) 251-52 *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # CONTINUATION SHEET Trinomial Paoe 3 of 3 Resource Name: Rnse Hnuse *Recorded by Pedro Gomez *Date December 18, 2017 © Continuation ❑ Update *B10. Significance (continued): Santa Ana was founded by William Spurgeon in 1869 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Rose House is located in French Park, a neighborhood northeast of downtown Santa Ana bounded by Bush Street, Washington Street, Garfield Street, and Civic Center Drive. Beginning in the 1880s and continuing well into the twentieth century, the area around the park began to be developed with many of the finest homes in Santa Ana. Examples of Victorian era, turn of the century, and Craftsman homes were built along the tree -lined streets. By the 1920s, most streets in the neighborhood were fully developed, although a few revival styled single family homes and duplexes were built during the 1920s, and a handful of apartments constructed in the 1930s. From the nineteenth century onwards, residents were a "Who's Who" of early Santa Ana, and included bankers, attorneys, doctors, businessmen, ranchers, teachers and others active in the civic and social life of the city. Once known as the "Nob Hill" of Santa Ana, French Park declined in the 1940s and 1950s as some homes were converted into rooming houses and others were allowed to deteriorate. In the 1960s and 1970s some houses were demolished and the properties redeveloped with multi -family housing. However, a grass roots preservation effort begun in the late 1970s led to the establishment of a local historic district in 1984 and the listing of the neighborhood in the National Register of Historic Places in 1999. The Rose House, which was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District and is listed in the California Register of Historical Resources, qualifies for listing in the Santa Ana Register of Historical Properties under mulitiple criteria: Criterion 1, for its exemplification of the distinguishing characteristics of the Craftsman/Bungalow style; Criterion 2, as a work from notable architect, Frederick Eley, whose work influenced architectural development in Santa Ana and Orange County; and Criterion 4, for its contribution to the historic French Park neighborhood. Additionally, the house has been categorized as "Key" for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of Craftsman design; for its "association with a significant period in the history of the city; namely the development of French Park as the premier residential district of the late nineteenth and early twentieth centuries in Santa Ana; and "association with a significant person" and notable architect, Frederick Eley. Character -defining features of the Rose House include (but may not be limited to): low-pitched side -facing gabled roof with wide eaves; exposed structural elements such as beams and rafter tails; triangular knee braces; vertical boards with vertical cutouts ending in circles and adding a Swiss touch to the peaks of the gables; wood shingles covering the second floor facade; ribbons of casement windows, six -over -one double -hung windows; single -storied entry porch featuring pairs of exposed beam ends and wide eaves with exposed raker tails; pairs of wood columns, with slant -cut beams at the top and which support the porch roof, north porch; and south bay window. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encyclopedia.. New York, WW Norton, 1998. Marsh, Diann. Santa Ana, An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses, New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form. " Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. 'Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. Santa Ana and Orange County Directories, 1920-1979. DPR 523L 251-53 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO. 2018 -XX A RESOLUTION OF THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA APPROVING HISTORIC RESOURCES COMMISSION APPLICATION NO. 2017-63 TO PLACE THE PROPERTY LOCATED AT 918 N. LACY STREET, SANTA ANA, ON THE HISTORICAL REGISTER AND APPROVING HISTORIC REGISTER CATEGORIZATION NO, 2017-62 PLACING SAID PROPERTY WITHIN THE KEY CATEGORY BE IT RESOLVED BY THE HISTORIC RESOURCES COMMISSION OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The Historic Resources Commission of the City of Santa Ana hereby finds, determines and declares as follows: A. On January 25, 2018 the Historic Resources Commission held a duly noticed public hearing for the placement on the Santa Ana Register of Historical Properties (Historic Resources Commission Application No. 2017-63) and categorization (Historic Resources Commission Categorization No. 2017-62) of the Rose House located at 918 N. Lacy Street, Santa Ana. B. The Rose House has distinctive architectural features of the Craftsman/Bungalow style, and was built in 1914. C. The Rose House was listed in the National Register of Historic Places in 1999 as a contributor to the French Park Historic District. The Rose House qualifies for listing in the Santa Ana Register of Historical Properties under Key for its exemplification of the distinguishing characteristics of the Craftsman/Bungalow style. Additionally, the house has been categorized as "Key" as a work from notable architect, Frederick Eley, and for its "distinctive architectural style and quality," embodying the massing, materials, and detailing of a Craftsman bungalow in a two-story family residence. Character -defining features of the Rose House that should be preserved include, but may not be limited to: materials and finishes; low- pitched side -facing gabled roof with wide eaves; exposed structural elements such as beams and rafter tails; triangular knee braces; vertical boards with vertical cutouts ending in circles and adding a Swiss touch to the peaks of the gables; wood shingles covering the second floor facade; smaller shingles within the center of the front facade; ribbons of casement windows; 6 -over -1 double -hung windows; single -storied entry portico featuring pairs of exposed beam ends and wide eaves with exposed rafter tails; pairs of wood columns, with slant -cut beams at the top and which EXHIBIT 4 251-54 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 support the porch; matching porch extending from the north side; and a slanted bay window is located on the south side. D. The legal owners of the property are Jason Hunter and Tabitha Hunter. E. The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herein. The subject property meets the minimal standards for placement on the City of Santa Ana Register of Historic Properties pursuant to Section 30-2 of the Santa Ana Municipal Code. G. The subject property meets the minimal standards for placement in the Key category pursuant to Section 30-2.2(2) of the Santa Ana Municipal Code. Section 2. In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review under Section 15331, Class 31, as these actions are designed to preserve historic resources. Categorical Exemption No. ER -2017-153 will be filed for this project. Section 3. The Historic Resources Commission of the City of Santa Ana after conducting the public hearing hereby approves: A. Historic Resources Commission Application No. 2017-63 to place the Rose House located at 918 N. Lacy Street, Santa Ana, 92701 on the historical register, and B. Historic Register Categorization No. 2017-62 placing the Rose House located at 918 N. Lacy Street, Santa Ana, 92701 within the Key category. These decisions are based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Staff report and exhibits attached thereto; the report entitled "Historical Property Description" and the public testimony, all of which are incorporated herein by this reference. Section 4. For the subject property, a report entitled "Historical Property Description" is on file with the Planning Division, and is hereby approved and adopted, and together with the staff report and this resolution, justify the findings for placement on the City of Santa Ana Register of Historical Properties into a category. The Historic Resources Commission Secretary is authorized and directed to include this resolution in the City of Santa Ana Register of Historical Properties. Section 5. The Historic Resources Commission Secretary is hereby directed to file a certified copy of this Resolution with the County Recorder's Office after the adoption of this Resolution pursuant to Public Resources Code Section 5029. ADOPTED this 25th day of January, 2018. 251-55 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 Alberta Christy Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney AYES: Commission members NOES: Commission ABSTAIN: Commission members NOT PRESENT: Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Commission Secretary, do hereby attest to and certify the attached Resolution No. XXXX to be the original resolution adopted by Historic Resources Commission of the City of Santa Ana on January 25, 2018. Date: Commission Secretary City of Santa Ana 251-56 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 LEGAL DESCRIPTION APN Address Legal Description Owner Names 398-031-11 918 N. Lacy Street LOTS 25 AND 26 IN BLOCK Jason Hunter 84, OF THE TOWN OF SANTA and Tabitha ANA EAST, AS SHOWN ON A Hunter MAP RECORDED IN BOOK 10, PAGES 43 AND 44 OF MISCELLANEOUS RECORDS. =Rm:>W 251-57 251-58 REQUEST FOR Historic Resouixes Commission Acton JANUARY Vd. � 2018 TITLE: PUBLIC HEARING — HISTORIC RES0tJRCJES COMMISS110NIAPPILICATION NCI2017-64 APPROVED 0 As Recommended D As Amended Q SGL Public Hearingilpr is NTINUED TO Artlnota� 2XI �veDire �Gt� Acting Ph nin Manager RECOMMENDED N110N 1, Adopt aresolutf6n- approving Historic Resources COMM15aton Application No, 2017.64 and Historic Register Carteg'ariza4pri No, 2017-63, 2. Recommend that the City Council authorize the City Manager and Clerk of the Council to oxeizuto the attached Mills Act agreement wlth,Susan L. Gifimpietro, subject to non-substarillve changes approved by the , CIty Manager and C]ty Attorney. Request of Applicant Susan 0 u5an L. Glarripletro Is requesting approval to designate an existing residence located at 214 North Flower Street to the Santa Ana Register of HIstoricg] Properbas, as well as approval to execute a Mills Act agreement with the City of Santa Ana, The subject property is located on the west side of North Flower Street in the Floral Park neighborhood. The site consists of a 2,247 -square -foot, Ranch House style residence and detached garage on a 15,486 -square -foot residential lot (Exhibit 1). Analysis of the Issues Aistoriggl Listing In March 109D, the City Council, approved Ordinance No. NS -2363 establishing the Historic Resources Commsslon and the Santa Ana Register of Historical Properties. The Historic Resources Commission may, by resolution and ata notloed oUblic hearing, designate as a historical property any building or part thereof, object, structure, or site having Importance to the history or architecture of the 0 , fty In accordance With the criteria set forth, in Section 30-2 of the Santa Aria 14ANI-1111111111111p, 251-59 HRGA Not 017,64, HRC No, 2017-63 HOPA No. 2017AW January,5, 2010 Page I The structure titehiMed rneetsthe minirrunnseiecticn crrieria forJn'Qlt icta`ota thO Santa Ana Register of Hlstorical Properties pursUa t to criteria contained tri -S ction ;3042 of the •Sprite. Aria Municipal ride as the property is 80 years old and is a good exarr-Hale art parj HRCA No, 2017-84,4111C No. 2017,63 HPPA No. 0p�17-6 January 25, 2011,6 yyyy11.6 Page g t.ortg term preservation of the proparty And visual improVonent to the it'elgh orhot)d Allows tor-a:necdarii.Sm to pr+ kvide for,property rehi lbtlitation Provides additional in *ntiveforpotential buyers to purohpae hl.storA structures 'Cissourages inappropriate alterations to the prbparty The pec Is rec;gn Publid hLotificklon. M CRQA Corriollaric§ ad uriauthodzed o y eater into a Hist 1 wlthin the Floc; god assopiatipn we was pasted with unty Reporter And At, #Pse time n id front: any rria b of the Application, it �atr�r#alo t�imn ;Allgnrriar�t notice The M sctions are exerript signed to preserve ,�ratect. ,Approval of this zteM supports the City's efforts to aet Goal No. 6 Community Health, Livability,, F_ngagamant A Sustainability, objective No= 2 (expand opportunities for conservatiain aid environmental sustainability) and Objective No, 3 (facilitate diveraa housing opportunities and support ef(artstc preserve and improve the`livability of Santa Aria.nelghborhoods).. s cs�aa�tit s o, ao i as,,conic,,,,ia s l � � N,,rawersetare Exhibits 1 - SCJY Radius. Map . 2 X Department of Parrs and Recreation Form 3 -Mills Act Agreement 4 - Rmiul lon 251-61 Mum 41 NORTH THE BUTLER HOUSE PLANNING AND BUILDING AGENCY EXHIBIT 1 251-62 EXECUTIVE SUMMARY Butler House 2140 North Flower Street Santa Ana, CA 92706 NAME Butler House REF. NO. ADDRESS 2140 North Flower Street CITY Santa Ana ZIP 1 92706 ORANGE COUNTY YEAR BUILT 1938 LOCAL REGISTER CATEGORY: Contributive HISTORIC DISTRICT I N/A NEIGHBORHOOD Floral Park CALIFORNIA REGISTER CRITERIA FOR EVALUATION 3 CALIFORNIA REGISTER STATUS CODE 5S1 Location: ❑ Not for Publication ® Unrestricted ❑ Prehistoric ® Historic ❑ Both ARCHITECTURAL STYLE: Ranch House Widely published in Sunset and House Beautiful magazines, the Ranch House dominated post -World War II residential expansion and represented the most popular house form in the United States from the 1950s through 1970s. The Ranch House originated in the 1930's designs of Southern California architect Cliff May, who sought to reinvent the west's vernacular housing traditions by combining the form and massing of the traditional ranch house with a modernist's concern for informality, expressed in materials and plan, and indoor -outdoor integration. While the style includes several variants, a basic set of character -defining features applies to most examples. In form and massing, the style evokes a sprawling ranch that developed over time, with a central block extended by wings of varying roof heights. Generally L-shaped or U-shaped in plan, the Ranch House typically has a one-story profile with strong horizontal emphasis expressed through a low pitched or flat roof with wide overhanging eaves. Asymmetrical in design, the Ranch House is often sheathed in and accented with rustic materials such as board -and -batten siding, high brick foundations, art stone, and wood shake roofs. Indoor -outdoor integration is achieved through the use of recessed or extended porches, set low to the ground, and the generous use of large picture, ribbon, or corner windows. Window detailing can include wood frames, decorative shutters, and diamond -patterned muntins. Ornamentation includes rusticated elements, such as carved porch supports and exposed rafters, uneven rakes and flared eaves, and faux dove cotes and bird houses. SUMMARY/CONCLUSION: The Butler House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Ranch House style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an intact example of the Ranch House style in the Floral Park neighborhood, "is a good example of period architecture" (Municipal Code, Section 30-2.2). EXPLANATION OF CODES: • California Register Criteria for Evaluation: (From California Office of Historic Preservation, Technical Assistance Series # 7, "How to Nominate Resources to the California Register of Historical Resources," September 4, 2001.) 3: It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. • It embodies the distinctive characteristics of a type, period, region, or method of construction, or represents the work of a master, or possesses high artistic values. 5S1: Individual property that is listed or designated locally. '1&-b State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI # PRIMARYRECORD Trinomial NRHP Status Code Other Listings Review Code Reviewer Date rce name(s) or number (assigned by P1. Other Identifier: *P2. Location: ❑Not for Publication ■Unrestricted *a. County Orange County *b. USGS 7.5' Quad TCA 1725 Date: March 3, 2015 *c. Address 2140 North Flower Street City Santa Ana Zip 92706 *e. Other Locational Data: Assessor's Parcel Number 001-201-06 *133a. Description: (Describe resource and its major elements. Include design, materials, condition, alterations, size, setting, and boundaries) Located in Floral Park, this is a one-story single-family residence on a large parcel, sited with a deep setback and constructed in a Ranch House style. A detached garage is located a few feet behind (west oo the north end of the rear (west) elevation of the residence. The house and garage delineate a reversed "L" -shaped plan, which embraces a generously sized rear patio. Asymmetrical in design, the house exhibits a strong horizontal emphasis expressed through a low pitched, gable -on -hip ("dutch gable) roof with wide, overhanging, enclosed eaves. The exterior of the house is clad in a combination of brick, smooth stucco, and horizontal wood board (shiplap) siding, while board and batten siding covers the garage. The roof treatment defines three sections of the front (east) fagade. In the middle, the entry porch is characterized by brick cladding around the door and below a large, tripartite, metal -framed, casement window. Lacy, New Orleans -style, wrought iron posts support the porch roof overhang. Metal -framed casement windows also appear in the north and south sections of the fagade, along with a porthole window. An interior brick chimney rises above the roof ridgeline. Alterations to the house include the removal of original wood roof shingles, paint, and detachable awnings at the front elevation windows. Other than the relatively minor noted changes, the house appears intact and is in good condition. *P3b. Resource Attributes: (list attributes and codes) HP2. Single -Family Residence *P4. Resources Present: ■Building ❑Structure ❑Object ❑Site ❑District ❑Element of District ❑Other P5b. Photo: (view and date) East elevation, view west December 2017 *P6. Date Constructed/Age and Sources: ■historic 19381 City of Santa Ana Building Permits *P7. Owner and Address: Susan L. Giampietro 2140 North Flower Street Santa Ana, CA 92706 *P6. Recorded by: Pedro Gomez 20 Civic Center Plaza M-20 Santa Ana, CA 92702 *P9. Date Recorded: January 25, 2018 *1310. Survey Type: Intensive Survey Update *P11. Report Citation: (Cite survey report and other sources, or enter "none") None *Attachments: []None ❑Location Map []Sketch Map ■Continuation Sheet ■Building, Structure, and Object Record CArchaeological Record ❑District Record ❑Linear Feature Record ❑Milling Station Record []Rock Art Record []Artifact Record ❑Photograph Record [] Other (list) DPR 523A (1195) 251-64 *Required information State of California—The Resources Agency Primary # DEPARTMENT OF PARKS AND RECREATION HRI# BUILDING, STRUCTURE, AND OBJECT RECORD Page 2 of 3 *NRHP Status Code 5S1 'Resource Name or#: Butler House B1. Historic Name: Butler House B2. Common Name: Same B3. Original Use: Single -Family Residence B4. Present Use: Single -Family Residence *B5. Architectural Style: Ranch House *B6. Construction History: (Construction date, alterations, and date of alterations): Constructed 1938 January 15, 1946. Addition to residence 16x16 by M.D. Butler. $350. March 19, 1946. Replace 6 outlets, 1 circut by Gem Electric Co. June 25, 1947. Replace 3 fixtures by Pacific Plumbing Co. $400. November 23, 1948. Replace 2 fixtures by Pacific Plumbing Co. $500 December 11, 1951. Replace 1 fixture for M.D. Butler by Pacific Plumbing Co. $100. May 26, 1987. Install 43 lineal feet of 6 ft. high block wall. May 26, 2004. Remove wood roof shingles and replace with composite. *B7. Moved? ■No 13Yes 13Unknown Date: Original location: *B8. Related Features: None. B9a. Architect: Unknown b. Builder: Unknown *B10. Significance: Theme Residential Architecture Area Santa Ana Period of Significance: 1938 Property Type: Single -Family Residence Applicable Criteria: C/3 (Discuss importance in terms of historical or architectural context as defined by theme, period, and geographic scope. Also address integrity) The Butler House is architecturally significant as an early and characteristic example of Ranch House style. It was built in 1938 and the first known residents were Merton David (M.D.) Butler and Tessie Childers Butler. M.D. Butler was a successful businessman, well known as a hatcheryman and leader in the poultry industry. Tessie Butler taught junior high school for several years in Santa Ana. According to city directories, the next resident was Forrest E. Ellis, who, resided at this property for an unknown period of time. (See Continuation Sheet 3 of 3.) B11. Additional Resource Attributes: (List attributes and codes) *B12. References: City of Santa Ana Building Permits Santa Ana History Room Collection, Santa Ana Public Library Sanborn Maps (See Continuation Sheet 3 of 3.) B13. Remarks: *B14. Evaluator: Leslie Heumann/Chattel, Inc. *Date of Evaluation: January 25, 2018 (This space reserved for official comments.) Sketch Map Butler House 2140 North Flower Street 112 aoweR e TRACT rRA r• +O1 Y W 41 30 , a1w DPR 523B (1195) 251-65 *Required information StateofCalifornia —The Resources Agency Primary# DEPARTMENT OF PARKS AND RECREATION -HRI # CONTINUATION SHEET Trinomial by Pedro Gomez *Date February 21, 2018 © Continuation ❑ Update *1310. Significance (continued): Santa Ana was founded by William Spurgeon in 1669 as a speculative town site on part of the Spanish land grant known as Rancho Santiago de Santa Ana. The civic and commercial core of the community was centered around the intersection of Main and Fourth Streets. Stimulated by the arrival of the Santa Fe Railroad and incorporation as a city in 1886, and selection as the seat of the newly created County of Orange in 1889, the city grew outwards, with residential neighborhoods developing to the north, south, and east of the city center. Agricultural uses predominated in the outlying areas, with cultivated fields and orchards dotted with widely scattered farmhouses. The Butler House is located in Floral Park, a neighborhood northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. This neighborhood is northwest of downtown Santa Ana bounded by West Seventeenth Street, North Flower Street, Riverside Drive, and Broadway. Groves of oranges, avocados, and walnuts and widely scattered ranch houses characterized this area before 1920. Developer and builder Allison Honer (1897-1981), credited as the subdivider and builder of a major portion of northwest Santa Ana, arrived in Santa Ana from Beaver Falls, New York in 1922 (Talbert, pages 353-356). "Before nightfall on the day of his arrival, Mr. Honer purchased a parcel of land. And that month, he began building custom homes in Santa Ana" (Orange Countv Reaister, September 15, 1981). The parcel chosen became the Floral Park subdivision between Seventeenth Street and Santiago Creek. "When built in the 1920s, the Floral Park homes were the most lavish and expensive in the area. They sold for about $45,000 each" (Orange County Register, September 15, 1981). Revival architecture in a wide variety of romantic styles was celebrated in the 1920s and 1930s and Floral Park showcased examples of the English Tudor, French Norman, Spanish Colonial, and Colonial Revival. The Allison Honer Construction Company went on to complete such notable projects as the 1935 Art Deco styled Old Santa Ana City Hall, the El Toro Marine Base during World War II, and the 1960 Honer Shopping Plaza. Honer lived in the neighborhood he had helped to create, at 615 West Santa Clara Avenue. In the late 1920s and 1930s, another builder, Roy Roscoe Russell (1881-1965), continued developing the groves of Floral Park. An early Russell project was his 1928 subdivision of Victoria Drive between West Nineteenth Street and West Santa Clara Avenue. The homes were quite grand and displayed various revival styles, including Russell's own large, Colonial Revival mansion at 2009 Victoria Drive. In the early post World War 11 years, Floral Park continued its development as numerous, smaller, single-family houses were built. Continuing in the Floral Park tradition, they were mostly revival in style. In the 1950s, low, horizontal Ranch Style houses completed the growth of Floral Park. Today (2018) Floral Park maintains its identity as the premier neighborhood of Santa Ana, historically home to many affluent and prominent citizens. The Butler House qualifies for listing in the Santa Ana Register of Historical Properties under Criterion 1, for its exemplification of the distinguishing characteristics of the Ranch House style. Additionally, the house has been categorized as "Contributive" because it "contributes to the overall character and history" of Santa Ana, and, as an early and intact example of the Ranch House style in the Floral Park neighborhood, "is a good example of period architecture." Character defining features of the Butler House that should be preserved include, but may not be limited to, materials and finishes (brick, stucco, horizontal wood board siding; vertical board and batten siding); low pitched dutch -gable roof with wide overhanging eaves; brick chimney, metal detailing (porch supports); porthole window; metal casement windows; and front entry porch. *B12. References (continued): Harris, Cyril M. American Architecture: An Illustrated Encvclooedia. New York, WW Norton, 1998. Hess, Alan. Ranch House. New York: Harry N. Abrams, Inc. 2004 Marsh, Diann. Santa Ana An Illustrated History. Encinitas, Heritage Publishing, 1994. McAlester, Virginia and Lee. A Field Guide to American Houses. New York: Alfred A. Knopf, 1984. National Register Bulletin 16A. "How to Complete the National Register Registration Form." Washington DC: National Register Branch, National Park Service, US Dept. of the Interior, 1991. Office of Historic Preservation. "Instructions for Recording Historical Resources." Sacramento: March 1995. Whitten, Marcus. American Architecture Since 1780. Cambridge: MIT Press, 1969. "Alison Honer Dies at 84," The Santa Ana Journal, September 21, 1981. "Builder of Honer Plaza Dies," Orange County Register, September 15, 1981. "History of Floral Park." http.//www.floral-park.com/Page2.htm1. Santa Ana and Orange County Directories, 1940-1979. Talbert, Thomas B. (editor). The Historical Volume and Reference Works: Orange Countv. Whittier, CA: Historical Publishers, 1963. DPR 523L 251-66 FREE RECORDING PURSUANT TO GOVERNMENT CODE § 27383 RESOLUTION NO, 2016 -XX A RESOLUTION OF THE HISTORIC COMMISSION OFTHE CITY OP SANTA AN HISTORIC RESOURCES COMMISSION NO, 2917-04 TO PLACE THE PROPERTY 21,40 QRTH FLOWED 8TKET> SANTA HISTORICAL REGISTER AND APPRO I REGISTER CHAT GO RATION NO. 01' SAID PROPERTY WITHIN THE t CATEGORY Section 1, The Historic. Resources Commission of the City, -of Santa .And hereby finds, determines ondi declares as follo>Ac A On January 25,2018 the Historic ResoUrces Commission held a duly_ noticed public hearing ferr the piacenaent' an the Sarna Ana Register of Historical Properties. {Historic Resources Cbmrnissforr Aipplicatlon ' No, 2017-04) and categorization (Historic Resources • Corr m ssl6n C�tggqrization No. 2017,63) of ,the Butler Aouse located .fit 144 North" Flower Street, °Santa Aria. E3:, The Butler House has distinctive architectural features of the Ranch House style., and was built in 108. This home qualrfles for llstinq on the Santa AnaRegister of 'Historical Properties and is` eliglbl'e for categorization as Crntrlbut(ve because it "contrrbutes to the overall charaptor.and history' of Santa Ana, and, as an intact example of tate Ranch House atyler in the Floral Park neighborhood,. "is a good example of period architecture," Character defining features of the Sutler House that should he preserved include, but may not be limited to materials and finishes; low pitched dutch• atzlo roof with wide overhanging eaves; brick ohlmneya smooth stucco, l orizontal Wood board sluing; vertical board And batten aiding on unattached garage, metal detailing; porthole wlndow; metal rasetnerit windows,, and front entry porch brick claddi% }: The legal,owner of the property is Susan I-, Ginmpietro, E, The legal description for the subject property is attached hereto as Exhibit A and incorporated by this reference as though fully set forth herelm 251-67 FRLL Rr;ORDINO PURsUANTT G0VMNNfC-NT QQDC§ 27M F. The subject property meets the Minimal standards For placement an the City of -Santa <Ana ReglstOr of HIstoriq Properties pursuant to tectlor W-' of the Santa Ana Municipal Codd G, The subject property rrteets tha minitnal'Standards for ptacernerit €n the Cuntributtve category pursuSnt to Ircticati 30-2,2(3) of the Santa Ana unfpipal Code Section In accordanoe Wth the Pllfornia Eftjrdnrn"tal'Quality Act; the recom6lencled acilorls are oxenipt from fur.thw revfaW under Secttori 153,11, glass l m as these adtloare desl�ned to preserve historic re$ourc-es, Q'ategon6aj 5xernptluri 0cr. PFF -1 1,"Ill betfod farthia_to]ef; ' Section 3., The Historic Resources Commission of the City of Sentra Arta after onductirt the pub[ia hearing hereby a pproves A. Hist&ic Resources Conaantasion Application No 2017- 4 to, 'place the Ruth' House located at 2140,hlarth• Flower Strut, 'aartta Arca, Woe on thetstoripal reglst�r, �rpd B. Historic R4 s* C* oilxatiorl No- 2017.63 placing the But[ sr House located , at 1.40 North Flower Street, Santa Ana, !9-2706 WRhIn the Cor�triiiutive aategurY=. ffm to evide4ce eulom ted at the abovd eald, to. the Staff repQft and exh[bts -attached rDesorlptfon", and fhekpublictestlrrloriy, all of )tar' entitled "Hoptical Ptppety ereby approvied .and adapted, Anef, the findings for placement on the category. Th " ric Re dams -*de thts'ree6tutien in -th6 City,of Section 6. The Histor"c Resources Commission Secretary is hereby Oirented to tile, a cartffed copy of this Resolutfon [Huth tfae County Re efdars Office afterthe adoption of this Resolutlan.pursuant to Publla aaources CodeSection 50M ADOPTED alis 2 th day of January, ?,016; Alberta Christy Chairperson 251-68 FREE RCGQRDING PURSUANT 70 GOVERNMENT CODE § 27363 e r..il . E. * M 1 Ltsa'St�rc�` Assistant City Attorney AyEs: Commission members NOES, pommis ion members ABSTAIN: Commission members NOT PRESENT" Commfssian ornbers 1, 1SARAH BERNAL, Curnmission Secretary, do hereby ottsstto and cerblykhe attached Resolution NO, 201 - to be the orlginel resOlutlon adopted:Tay I Ifstorlc; Renounces ommisalort cif the =City of $anta.Ana ,Ora January 51 Al8: Castes:.. amtssCsslOni SeOretar�+' Pity of Sante Ana 251-69 FREE R�QORDING PLIRSUANT'rO GOVERNMENT COPE § 27383 LEGAL DESCRIPTION 251-70 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: AMEND AN AGREEMENT FOR PLANNING AND ENVIRONMENTAL SERVICES WITH IBI GROUP FOR THE SANTA ANA GENERAL PLAN CIRCULATION ELEMENT UPDATE {STRATEGIC PLARNOS. 3,2A; 5,613) CI GER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' 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 the attached fourth amendment to the agreement with IBI Group for planning and environmental services to prepare the General Plan Circulation Element update, for a period no longer than eighteen months, from January 1, 2019 — June 30, 2020, for an additional amount of $15,000 not to exceed a total contracted amount of $751,961, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION Assembly Bill 1358 (AB 1358), the 2008 California Complete Streets Act, requires that cities prepare a comprehensive update to their General Plan Circulation Element to incorporate the concepts of "Complete Street" design if it is determined that a substantial change has been, or will be, made to the Element. A Complete Street is one that supports the development of a balanced, multimodal transportation network that serves all users, whether they are driving, walking, bicycling or taking transit. In 2011, the City Council approved an agreement with IBI consulting team for $500,000 to assist in the preparation of the General Plan Circulation Element update. The IBI Group's team of subconsultants includes Alta Planning, PlaceWorks (formerly The Planning Center), and Cornerstone Communications. While an amendment to the contract was approved for $33,000 in October 2014 and $80,245 in December 2015 to complete the project, the Circulation Element Update was placed on hold to produce the Safe Mobility Santa Ana Plan (SMSA). In November 2016, City Council directed City staff to incorporate the policy recommendations from the SMSA into Circulation Element Update. This included additional street reclassifications for potential ..road diets" to promote safe travel; that required further traffic impact analysis. In May 2017, a contract amendment was approved for $135,710 to complete traffic analysis needed to support an amendment to Orange County Transportation Authority's (OCTA) Master Plan of Arterial Highways consistent with the recommended street reclassifications. The traffic analysis was completed and concluded that the recommended street classifications reduced operational 25J-1 Amend an Agreement with IBI Group February 20, 2018 Page 2 efficiency. in response, Public Works Agency staff proposed reducing the number of street reclassifications. The revised street system will require additional traffic modeling work that is beyond the original scope of work. The proposed contract amendment (Exhibit 1) , will allow for the completion of an updated traffic model with the revised street reclassifications, information technical studies, refinements to the policy framework, and completion of the required environment impact report analysis for the expanded scope of the Circulation Element Update. ENVIRONMENTAL IMPACT The awarding of a contract for preparation of an environmental impact report and General Plan update is statutorily exempt from CEQA. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort 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 A (Complete a comprehensive update of the City's General Plan including the development of policies and implementation measures that directly relate to equitable economic development); and Goal #5 Community Health, Livability, Engagement & Sustainability, Objective #6 (Focus projects and programs on improving the health and wellness of all residents), Strategy B (Incorporate the improvement of walking and biking lanes as well as the development of a citywide bike master plan into the Circulation Element of the City's General Plan). FISCAL IMPACT Funds in the amount of $15,000 are available for this amendment in the Public Works Agency Measure M2 Local Fairshare account (03217662-66220, Project No. 186905). Candida Neal, AICP Acting Executive Director Planning and Building Agency 'Prep Modsbipour Executive Director Public Works Agency MM:rb S:RFCA\02-20-18\PBA RFCA Amend Contract 2.18.18 Exhibit: 1. Fourth Amended Agreement APPRO D AS TO FUNDS AND ACCOUNTS: Francisc Gutierrez ,�,0 Executive Director Y Finance & Management Services Agency 25J-2 THIS FOURTH AMENDMENT to the above -referenced agreement is entered into on February 20, 2018, by and between.IBI Group ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The parties entered into Agreement #A-2011-198, dated September 13, 2011 ("Agreement"), by which Consultant agreed to provide circulation element updates and related services. The term of the Agreement provided for services to continue through completion of the work or upon depletion of the maximum contract compensation of $500,000. B. On October 12, 2014, a First Amendment to the Agreement was presented to the City Council to increase the overall compensation of the Agreement by $33,000. The City Council approved the request, however, the First Amendment was not executed and funds were never encumbered. This was memorialized by a memorandum to the City Clerk on May 18, 2016 (A-2014-270) C. The parties entered into Second Amendment #A-2015-289, dated December 15, 2015, by which the scope of services was modified to complete the circulation element and edit the work product to incorporate new policies and text associated with the preparation of the Santa Ana Safe Mobility Plan. The compensation amount was also increased by $80,245 such that the total amount of compensation for the Agreement was $613,245. The parties also agreed to a termination date for the Agreement of June 30, 2017. E. The parties entered into a Third Amendment #A-2017-126, dated May 16, 2017, by which the scope of services was further modified to complete the circulation element per an amendment to Consultant's proposal dated April 27, 2017. The compensation amount was also increased by $156,716 such that the total amount of compensation for the Agreement was $736,961. The parties also agreed to extend the termination date for the Agreement through December 31, 2018. F. The Agreement remains in effect, and the parties now wish to further amend the Agreement to increase the scope of services, the term, and increase the overall compensation to the Agreement for Consultant to complete the general plan circulation element. The Parties therefore agree: 1. Section 2, Scope of Services, is amended to include Exhibit A-1, attached herein and incorporated by reference to the Agreement, for Consultant to update the traffic impact study to include the removal of two proposed MPAH arterial reclassifications: MacArthur Boulevard from Harbor Boulevard to Main Street and McFadden Avenue from the West City Limit to Harbor Boulevard. 2. Section 3, Compensation, is amended to include Exhibit B-1, attached herein and incorporated by reference to the Agreement, to increase the compensation by an additional $15,000 so that the total amount to be expended under this Agreement shall not exceed $751,961. 3. Section 4, Term, is amended to extend the Term for an additional eighteen (18) months from January 1, 2019 through June 30, 2020, EXHIBIT 1 25J-3 4. 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. HIJ TZAR Clerk of the Council APPROVED AS TO FORM Byjc F LISA STORCK Assistant City Attorney J-1,T@jVTj @ CANDIDA NFAL, Acting Executive Director, Planning and Building Agency 25J-4 CITY OF SANTA ANA Raul Godinez H City Manager CONSULTANT Name: Title: IBI Group 18401 Von Karman Avenue—Suite 110 .Irvine CA 92812 USA tel 949 833 5588 fax 949 833 5511 February 12, 2018 Melanie McCann City of Santa Ana 20 Civic Center Plaza, Ross Annex M-20 Santa Ana, CA 92702 Exhibit A-1; 4th Amendment to Agreement # A-2011-198 AMENDMENT PROPOSAL NO.6 -CIRCULATION ELEMENT UPDATE This letter proposal details IBI Group's request for an amendment under our contract with the City of Santa Ana for the Circulation Element Update project. Work efforts associated with this amendment request involve new work requested by the City of Santa Ana. Specifically, the city has requested that IBI Group update the traffic impact study to include the removal of two proposed MPAH arterial reclassifications: MacArthur Boulevard from Harbor Boulevard to Main Street and McFadden Avenue from the West City Limit to Harbor Boulevard. The task listed below corresponds to the tasks assigned in the original scope of services for this contract. The proposed budget for completing this work is attached to this letter. Task 4 - Evaluation of Master Streets and Highway Plan Under Amendment No. 5, IBI Group completed an update to the draft traffic impact analysis for the updated Circulation Element. This analysis included assessment of a refined roadway network that excluded a proposed arterial roadway along the PE ROW and other refinements to the roadway network, as requested by the city. This analysis was completed during 2017, and the traffic study results were submitted to OCTA for review in October of 2017. Subsequent to this latest traffic analysis effort, the city has identified two proposed street reclassifications that should be removed from the Circulation Element update. The proposed reclassifications to be removed are: • MacArthur Boulevard from Harbor Boulevard to Main Street • McFadden Avenue from West City Limit to Harbor Boulevard The removal of these reclassifications from the future roadway network will require a new model run to be conducted by OCTA, using the updated proposed roadway network. IBI Group will coordinate with OCTA to obtain updated OCTAM model forecasts. Once updated forecasts are available, IBI Group will update the traffic analysis to include these new model forecasts. As part of this task, we will also prepare an updated version of the traffic study report for review by City staff and OCTA staff. IBI Group is a group of firma providing professional services 25J-5 IaI Group City of Santa Ana — February 12, 2018 A detailed cost summary sheet is attached to this scope of work. The base fee for this amendment is $10,000. We have also included a $5,000 contingency, that would be activated upon approval of City of Santa Ana staff. Should you have any questions regarding this proposal, please do not hesitate to contact Bill Delo at (949) 833-5588. We look forward to the opportunity to continue to work with and assist the city on this project. Sincerely, IBI Group David Chow, P.E., AICP US P3 & Mobility Director 25J-6 Exhibit B-0; 4th Amendment to Agreement # A-2011-198 Santa Ana General Plan Circulation Element Update - Budget Amendment No 5 151 Group Teem Man-hours by Task 12-FebA8 IU IAL MUUNtl by`u I AYP 9 B 16 Be 0 62 TOTAL FEE by STAFF $0 $1,020 $2,430 $5,600 $0 $9,950 IBI Total Labor Hours 02 IBI Total Labor Fee $0,950 ODC's $ 50 IBI Total Budget: $10,000 Contingency; $5,000 Total with Contingency: $15,000 25J-7 Project Manager D ch. 300.00 IBI Group Total Hours Total Labor Fees Praia Integrator T14M. Trenspodetl Engineer on Planner Graphlca WDao M. Arizabal D. Chew $240.00 $135.00 $100.00 $75.00 TASK 4: Evaluation o1 Master Plan of Streets & Hwys Updated OCTAM Year 2035 Forecast 2 4 6 $670 OCTA Meetings 2 2 4 $750 Intersection and Street LOS Mel sis 41 101 36 60 $5,910 .Updates to Traffic Study 1 21 41 16 22 $2,620 IU IAL MUUNtl by`u I AYP 9 B 16 Be 0 62 TOTAL FEE by STAFF $0 $1,020 $2,430 $5,600 $0 $9,950 IBI Total Labor Hours 02 IBI Total Labor Fee $0,950 ODC's $ 50 IBI Total Budget: $10,000 Contingency; $5,000 Total with Contingency: $15,000 25J-7 25J-8 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: APPROVE AMENDMENTS TO ROTATIONAL TOWING AND STORAGE SERVICE AGREEMENTS FOR THE POLICE DEPARTMENT (STRATEGIC PLAN NO. 1, 5) Clt`� MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ ordinance on 101 Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to approve an amendment to the agreement with Standard Enterprises, Inc., dba To' N' Mo', amending the price for towing and storage services by 2%, based on Consumer Price Index ("CPI") and the Producer Price Index for Petroleum statistics for the greater metropolitan area. The agreement term will remain September 1, 2016 through August 31, 2019. 2. Authorize the City Manager and Clerk of the Council to approve an amendment to the agreement with Greater Southern California Towing, Inc., dba California Tow, amending the price for towing and storage services by 2%, based on Consumer Price Index ("CPI") and the Producer Price Index for Petroleum statistics for the greater metropolitan area. The agreement term will remain September 1, 2016 through August 31, 2019. 3. Authorize the City Manager and Clerk of the Council to approve an amendment to the agreement with B&D Towing, Inc., amending the price for towing and storage services by 2% based on Consumer Price Index ("CPI") and the Producer Price Index for Petroleum statistics for the greater metropolitan area. The agreement term will remain September 1, 2016 through August 31, 2019. 4. Authorize the City Manager and Clerk of the Council to approve an amendment to the agreement with MetroPro Road Services, Inc., amending the price for towing and storage services by 2% based on Consumer Price Index ("CPI") and the Producer Price Index for Petroleum statistics for the greater metropolitan area. The agreement term will remain September 1, 2016 through August 31, 2019. 25K-1 Amendments for Rotational Towing and Storage Services February 20, 2018 Page 2 5. Authorize the City Manager and Clerk of the Council to execute a approve an amendment to the agreement with Hadley Tow, Inc., amending the price for towing services and storage by 2% based on Consumer Price Index ("CPI") and the Producer Price Index for Petroleum statistics for the greater metropolitan area. The agreement term will remain September 1, 2016 through August 31, 2019. DISCUSSION The Santa Ana Police Department routinely encounters the need to have vehicles towed or stored for a variety of reasons and depends upon private sector partners skilled in the area of towing operations to accomplish this objective. The City currently contracts with five tow companies to provide necessary towing services on a rotational basis. Towing services may include, but are not limited to, towing vehicles from public or private property at the direction of Police employees, owner's request for a tow made via the Police Department, the storage of vehicles, the secure storage of vehicles containing evidentiary value, debris clean-up and removal, recovery services and administrative oversight of vehicles in the custody of the contractor. Pursuant to Section 2.d. of the agreement, it is proposed that the set fee schedule be raised by 2% based on statistical information presented to the City and confirmed by City staff. The increased fees will apply to services received on or after February 21, 2018. Fee schedule adjustments are allowed if justified and at the sole discretion of the Chief of Police based on recommendations from the Traffic Commander. Although there is a 2% increase for services used by the Community, the Police Department is recommending no increase to the $75 Vehicle Storage Fee charged by the City. This fee will be evaluated along with other City fees during the FY 2018-19 budget process. The agreement terms will remain September 1, 2016 through August 31, 2019. The current agreement allows for two additional one-year extensions at the conclusion of the current three- year agreement. 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). 25K-2 Amendments for Rotational Towing and Storage Services February 20, 2018 Page 3 FISCAL IMPACT There is no fiscal impact associated with this item. These fees are charged and collected by the tow operators. David -Valenti Acting Chief of Police Santa Ana Police Department Exhibits: 1. First Amendment with Standard Enterprises, Inc., dba To' N' Mo' 2. First Amendment with Greater Southern California Towing, Inc., dba California Tow 3. First Amendment with B & D Towing, Inc. 4. First Amendment with MetroPro Road Services, Inc., and 5. First Amendment with Hadley Tow, Inc. 25K-3 25K-4 Exhibit 1 FIRST AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS FIRST AMENDMENT to the above -referenced agreement is entered into on February 20, 2018, by and between Standard Enterprises, Inc., a California corporation doing business as To' N Mo' ("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. The parties entered into Agreement #A-2016-231, dated August 16, 2016 ("Agreement"), by which Contractor agreed to provide vehicle towing and storage services. B. The original term of the Agreement was from September 1, 2016 and continues through August 31, 2019. The agreement provides under Section 2.d. for the parties to allow for the City to adjust the towing and storage rates at an amount not to exceed two percent (2%) annually based on Consumer Price Index ("CPI") and the Producer Price Index for Petroleum statistics for the greater metropolitan region. The adjustments are allowed if justified and at the sole discretion of the Chief of Police based on recommendations from the Traffic Commander. C. Based on the required statistical information presented to the City, the parties wish to amend the Agreement to allow for a two percent (2%) increase of the towing and storage rates pursuant to Section 2.d. of the Agreement, which will take effect as of February 21, 2018. The Parties therefore agree: Section 3, Compensation, is amended to include Exhibits B-1 and B-2 reflecting the rate changes and the CPI data required under section 2.d. Exhibit B-1 will replace Exhibit B of the Agreement and act as the current Fee Schedule until such time as a further amendment maybe necessary and/or warranted. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager -- signatures continue on next page -- Page I of 2 25K-5 APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Attomey B TAMARA BOGOSIAN Name: Assistant City Attorney Title: RECOMMENDED FOR APPROVAL DAVID VALENTIN Acting Chief of Police Page 2 of 2 25K-6 Proposed rate adjustment with 2% increase EXHIBIT B-1 FEE SCHEDULE AUTHORIZED TOWING AND STORAGE FEE SCHEDULE* Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum I hour. 25K-7 2% increase n/a $198.90 $229.50 $331.50 $367.20 $61.20 $132.60 $61.20 $117.30 $56.10 $61.20 $61.20 $66.30 $66.30 $71.40 n/a VNIN % A 1 Stored Vehicle Release Fee (PD) $75.00 Class A 080fto Class B or Flatbed 00" Class C $000,00 Class D 009090 Dolly, Go -Jacks or Linkage Fee Rollover or Winching Fee WIN Clean-up Fee (fee to City capped at $35.00 per occurrence) 1666 -NU Hazmat Fee (per five (5) gallon bucket) 01101014100" Vehicle Storage Fees (Daily) Class A — Outside Class A — Inside Class 8 — Outside alias Class B — Inside "oft Class C or Class 0 — Outside 401111W Class C or Class D — Inside 411110"M After Hours Release 50% of the authorized towinQ charge Minimum Service Call or Drop Fee 50% of the authorized towing charge Lien Sale As authorized by the California Civil and Vehicle Codes Mileage (per mile outside IN city limits) $9.00 Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum I hour. 25K-7 2% increase n/a $198.90 $229.50 $331.50 $367.20 $61.20 $132.60 $61.20 $117.30 $56.10 $61.20 $61.20 $66.30 $66.30 $71.40 n/a Bureau of Labor Matlstla EJdllbit E-2 CPI -All Urban Consumers (Current series) Original Data Value Series to: CUURA4218N0 Not Seasonally Adjusted Series Title: All Items In Los Angeles-Rlversltle-Oran9e Area: Las Anpalea-Rivennee-0lan9e County, CA Item: All Items Base Pedotl: 1962-84=100 Y..: 2001 M 2017 Y... Jan Fab Mar Apr May Jun Jul Aug Sep Oct Nov Doc Annual MLF1 HALF2 2001 212584 214.760 2T6.500 217.045 218.596 217.273 217.454 217.330 217.697 218.696 219.943 219.373 217.338 216.260 210.416 2008 220.918 221.431 223.606 224.625 226,651 229,033 229.886 228.484 227,449 226.159 222.229 219.620 225X08 224.377 225.638 2009 220.719 221.439 221.376 221.693 222.522 223.906 224.010 224.507 225.226 225.264 224.317 223.643 223.219 221.943 224.495 2010 224.610 224.620 225.483 225.916 226.438 2201177 225991 226.373 226.048 228794 225.941 226639 226.894 225.491 228.298 21111 228,652 229.729 232.241 233,319 233.367 232.328 231.303 231.833 233.022 233.049 232,731 231,667 231.926 231.606 232251 "It 233.441 234,537 236.941 236.666 237.032 236.025 236.776 237.222 230.104 240.111 237,675 236.042 236.646 235.807 237,488 2013 236,016 239,753 239,995 239.043 239.346 239.223 238.920 239.210 239,611 239.940 238.677 238.742 239207 239.229 239.165 2014 239.857 241,059 242,491 242.437 243.362 243.628 243.727 243.556 243.623 243.341 241.753 240.475 242.434 242.122 242.746 2016 239.724 241297 243,736 243.869 248.093 245.459 247.066 246.328 245.431 245.812 245.711 245.357 244.832 243.313 245.951 2016 247.155 247.113 247.673 246.368 249.554 249.789 249.784 249,700 250.145 261.098 250.185 250.169 249.246 246.309 250.104 2919 252.3%3 253.815 264.925 254.971 255.674 255,275 256.023 256J39 257.890 131.3 131.2 130.9 131.8 254.439 132.2 20/T 132.5 132.8 132.6 132.8 133.2 133.3 133.0 1343 2.82% PPI Industry Data Original Data Value Same to: PCU484."84-- Industry: Truck earepoWllan Product: Tube tranapgtNllon Base Date: 200312 years: 2007 to 2017 year Jan Feb Mer Apr May Jun Jul Aug Sep Oct Nov Doc 2007 113.8 1195 114.0 115.0 115.4 116.5 116.3 115.5 115.6 116.1 117.1 117.8 2006 119.0 119.3 121.0 122.4 124.5 126.6 127.1 126.6 1253 124.2 121.4 11941 2009 118.6 117.7 116.1 116.5 116.7 117.1 117.6 117.5 117.8 117.4 117.0 117.2 2010 117.3 117.6 118.5 118,0 119.5 1194 119.3 119.4 119.8 120.1 121.3 121.4 2011 122.2 123.7 125.1 126,6 127.4 126.9 126.7 1267 127.6 127.5 128.1 120.2 2012 128.7 129.1 905 130.9 130.8 130.0 130.0 1312 132.1 132,2 132.1 1321 2013 1318 132.4 132.9 132.2 132.2 1326 132,7 132.9 132.9 133.0 133.0 133,3 2014 133.5 133,6 134.0 135.0 135.7 135.8 135.8 1358 135.3 134.8 134.7 134.5 2016 133.0 132,1 1326 132.3 132.9 133.0 132.9 132.2 131.8 131.4 132,1 131.7 2016 131.8 131.3 13110 131.3 131.3 131.0 131.3 131.2 130.9 131.8 132.0 132.2 20/T 132.5 132.8 132.6 132.8 133.2 133.3 133.0 1343 135.6 2.36% Source: Bureau of Labor Statistics 25K-8 Generated ab:October 26 2017(05:58;58 PM) Exhibit 2 FIRST AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS FIRST AMENDMENT to the above -referenced agreement is entered into on February 20, 2018, by and between Greater Southern California Towing, Inc., a California corporation doing business as California Tow ("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. The parties entered into Agreement #A-2016-232, dated August 16, 2016 ("Agreement"), by which Consultant agreed to provide vehicle towing and storage services. B. The original term of the Agreement was from September 1, 2016 and continues through August 31, 2019. The agreement provides under Section 2.d. for the parties to allow for the City to adjust the towing and storage rates at an amount not to exceed two percent (2%) annually based on Consumer Price Index ("CPI") and the Producer Price Index for Petroleum statistics for the greater metropolitan region. The adjustments are allowed if justified and at the sole discretion of the Chief of Police based on recommendations from the Traffic Commander. C. Based on the required statistical information presented to the City, the parties wish to amend the Agreement to allow for a two percent (2%) increase of the towing and storage rates pursuant to Section 2.d. of the Agreement, which will take effect as of February 21, 2018. The Parties therefore agree: Section 3, Compensation, is amended to include Exhibits B-1 and B-2 reflecting the rate changes and the CPI data required under section 2.d. Exhibit B-1 will replace Exhibit B of the Agreement and act as the current Fee Schedule until such time as a further amendment may be necessary and/or warranted. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager -- signatures continue on next page -- Page 1 of 2 25K-9 APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Aney By: MARA BOGOSIAN Assistant City Attorney RECOMMENDED FOR APPROVAL DAVID VALENTIN Acting Chief of Police Name: Title: Page 2 of 2 25K-10 Proposed rate adjustment with 2% increase EXHIBIT B-1 FEESCHEDULE AUTHORIZED TOWING AND STORAGE FEE SCHEDULE* e. INE, r= s ~� 01,11M Stored Vehicle Release Fee (PD) $75 . 00 Class A 1000"M Class B or Flatbed W46111009M Class C Class D Doily, Go -Jacks or Linkage Fee Rollover or Winching Fee Clean-up Fee (fee to City capped at $35,00 per occurrence) Hazmat Fee (per five (5) gallon bucket) Vehicle storage Fees (Dally) Class A - Outside Class A -Inside Class B - Outside fibmw Class B - Inside Class C or Class D - Outside 0"4" Class C or Class D - Inside 0~0 A fteHours Release 60% of the authorized towing charge Minimum Service Call or Drop Fee 50% of the authorize towing char e Lien Sale As authorized by the California Civil and Vehicle Codes Mileage (per mile outside the corporate city limits) $9.00 Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum I hour. 25K-11 2% increase n/a $198.90 $229.50 $331.50 $367.20 $61.20 $132.60 $61.20 $117.30 $56.10 $61.20 $61.20 $66.30 $66.30 $71.40 n/a Bureau of Labor Statlstlu Exhibit E-2 CPI -An Urban Consumers (Current Series) Original Data Value Serle. Id: CUURM21SAO Not Seasonally Adjusted Serle. Title: At Loops in Los Angeles -Riverside -Orange Area: We Angeles-RNeislde-Orange County CA Item: At tern. Base Period: 1982.84-100 Years: 2007 b 2017 Vem Jan Feb Mer Apr May Jun Jul Us Sap 0.1 Nov Dee Annual HALF1 HALF2 8007 212.584 214.760 216,500 217.045 210.5% 217.273 217.454 217.330 217.697 210.696 219.943 219.373 217.330 216,260 218,416 2008 220.910 221.431 223.606 224.625 226.651 229.033 229.886 228.404 227.449 226.169 222.229 219,620 225.006 224.377 225,638 2009 220719 221A39 221.375 221.693 222.522 223.908 224.010 224.507 226228 225.264 224,317 223.643 223.219 221.943 224,495 2010 224.610 224.620 225.483 225.916 226,438 226,877 225.991 226.373 226,046 226.784 225.941 226.639 225.894 225.491 226.298 2011 228,652 229.729 232.241 233.319 233.367 232.328 231.303 231,833 233.022 233.049 232.731 231.567 231.928 231.606 232.251 2012 231141 234.537 236.941 236,866 237.032 236,025 235.776 237.222 230.104 240.111 237.675 236.042 236,648 235.807 237,480 2013 238.015 239,763 239.995 239.043 239.346 239.223 238.920 239,219 239.611 239.940 238,677 230.742 239.207 239.229 239.185 2014 239.857 241,059 242,491 242,437 243.362 243.528 243.727 243.556 243.623 243.341 241.753 240.476 242.434 242.122 242,746 2015 239.724 241.297 243,730 243.569 246.093 P45A59 247.066 246,328 245.431 245.812 245.711 245.357 244,632 243.313 245951 2016 247.155 247.113 247.073 248.360 249.554 249.789 249.704 249.700 250.145 251.090 250.185 250.189 2491A6 248.309 250.184 2017 252.373 253815 254.625 254.971 255,674 255.275 256.023 256.739 257.690 1310 131.3 131.2 130.9 254.439 132.0 1321 2017 1325 132.8 132, 6 1320 133.2 133.3 133.0 2.62% 1356 PPI Industry Data Original Data Value Sense [it: PCU484--484- Industry: Trak Pen.Wallop Product! Trick transportation Base Dale: 200312 Years: 2007 to 2017 Year Jan Feb Mer Apr May Jun Jul Aug Sep 0.1 Nov De. 2007 113.8 113.5 114.0 118.0 115.4 116.5 115.3 115.5 115.5 1161 117.1 117.6 2009 119, 0 119.3 121.0 122.4 124.5 126.6 127.1 126.6 125.3 1241 121.4 119.1 2009 1is5 1177 116.1 116.5 116.7 117.1 117.6 117.6 117.6 117A 117.8 117.2 2010 117.3 117.6 118.5 118.9 119,5 119.4 119.3 110.4 119.9 120.1 124.3 121.4 2011 122.2 123.7 125.1 126.6 127.4 126.9 126.7 126.7 127.5 127.5 128.1 128.2 2012 128.7 129.1 130.5 130.9 130.6 130.0 130.0 131.2 132.1 132.2 132.1 132.2 2013 131.6 132.4 132.9 132.2 132.2 132.8 132, 7 132.9 132.9 133.0 133.0 1313 2014 133.5 133.5 134.0 135.0 135.7 135.8 135.8 136.6 135.3 134, 8 134 7 134, 5 2015 133A 132,1 132,6 132.3 1328 1310 1329 1322 131.8 131.4 132.1 131.7 2016 131.8 131.3 131.0 131,3 131.3 1310 131.3 131.2 130.9 131.8 132.0 1321 2017 1325 132.8 132, 6 1320 133.2 133.3 133.0 134,3 1356 2.36% Source: Bureau of Labor Statistics 25K-12 Generated on: 01tcher 26, 2017 (05:58:56 PMI Exhibit 3 FIRST AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS FIRST AMENDMENT to the above -referenced agreement is entered into on February 20, 2018, by and between B&D'Towing,-Inc., 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. The parties entered into Agreement #A-2016-233, dated August 16, 2016 ("Agreement"), by which Contractor agreed to provide vehicle towing and storage services. B. The original term of the Agreement was from September 1, 2016 and continues through August 31, 2019. The agreement provides under Section 2.d. for the parties to allow for the City to adjust the towing and storage rates at an amount not to exceed two percent (2%) annually based on Consumer Price Index ("CPI") and the Producer Price Index for Petroleum statistics for the greater metropolitan region. The adjustments are allowed if justified and at the sole discretion of the Chief of Police based on recommendations from the Traffic Commander. C. Based on the required statistical information presented to the City, the parties wish to amend the Agreement to allow for a two percent (2%) increase of the towing and storage rates pursuant to Section 2.d. of the Agreement, which will take effect as of February 21, 2018. The Parties therefore agree: 1. Section 3, Compensation, is amended to include Exhibits B-1 and B-2 reflecting the rate changes and the CPI data required under section 2.d. Exhibit B-1 will replace Exhibit B of the Agreement and act as the current Fee Schedule until such time as a further amendment may be necessary and/or warranted. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager --signatures continue on next page -- Page 1 of 2 25K-13 APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Attorney B :/))WAJL/ \" TA A OGOSIAN _ Name: Assistant City Attorney Title: RECOMMENDED FOR APPROVAL DAVID VALENTIN Acting Chief of Police Page 2 of 2 25K-14 Proposed rate adjustment with 2% increase EXHIBIT B-1 FEESCHEDULE AUTHORIZED TOWING AND STORAGE FEE SCHEDULE* * Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum 1 hour. 25K-15 2% increase I $198.90 $229.50 $331.50 $367.20 $61.20 $132.60 $61.20 $117.30 $56.10 $61.20 $61.20 $66.30 $66.30 $71.40 n/a x ti�'�( n.1 �lkA LEE 1110e� n'� 4 'b Stored Vehicle Release Fee (PD) $75.00 Class A OWN Class B or Flatbed ■�IEErI!99■ Class C 41 !®'@@■ Class 1)®994b9■ Dolly, Go -Jacks or Linkage Fee �GGuGp. Rollover or Winching Fee 69■ Clean-up Fee (fee to City capped at $35.00 peroccurrence) Gi ' ■ Hazmat Fee (per five (5) gallon bucket) HE Vehicle Storage Fees (Daily) Class A — Outside Class A — Inside "I@@= Class B — Outside wiG®sio■ Class B — Inside 06wal L Class C or Class D — Outside "OPM I Class C or Class D — Inside Mali. After Hours Release `Minimum Service Call or Drop Fee 50% of the authorized __Lowing charge 50% of the authorized towing charge Lien Sale As authorized by the California Civil and I Vehicle Codes Mileage (per mile outside the corporate city limits) $9,00 I * Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum 1 hour. 25K-15 2% increase I $198.90 $229.50 $331.50 $367.20 $61.20 $132.60 $61.20 $117.30 $56.10 $61.20 $61.20 $66.30 $66.30 $71.40 n/a x Bureau at Lubar Statistics Exhibit B-2 CPI -All Urban Consumers (Current Series) Original Data Value Serbs to: CUURA42ISM Notes easopartly Adjustor Series Title: All Items In Los Angeles-RivemldsArange Area: Los Angeles-RIverdde43raeee County, CA Item: All Items Base Posted: 1982-84.100 Years: 2007 to 2017 Year Jan Feb Mar Apr May Jun Jul Aum Sep Oct Nov Dee Annual HALM HALF2 2007 212,684 214760 216.500 217.845 210.696 217.273 217454 217.330 217,697 218.696 219.943 219,373 29,338 216.260 218.416 2008 220.918 221.431 223,606 224.625 226.651 229,033 229,086 228,484 227.449 226,159 222,229 219,620 2211.08 224.377 221 2000 220,719 MASS 221.376 221493 222,522 223.906 224.010 224.507 225.226 225.264 224.317 223.643 223.219 221.943 21 2010 224,610 224,620 225.463 225.916 226,438 226.871 225991 226.373 226.048 226.794 225.941 226.639 226,894 225.491 226,298 2011 228,652 229.729 232.241 233,319 233.367 232.328 231.303 231.833 233.022 233.049 232.731 231.667 231.928 231.606 232.251 2012 231441 234.537 236,941 MAI 237.032 236.025 235.776 237.222 238.104 240.111 237,675 236.042 236.646 235.607 237,488 2013 238,015 239.753 239.995 239.043 239.346 239,223 238.920 239,219 239.611 239.940 238,677 238.742 239,207 239329 239.166 2014 239.857 24L059 242.491 242.437 2433112 243,528 2.3.727 243.556 243.623 243.341 241.753 240.475 242.434 2.2.122 242.746 2015 239,724 241.297 243.738 243,569 246.093 245.459 247.066 249326 MASA 21 245.711 245.367 244,632 243.313 245951 2016 247,155 247.113 247.873 248.360 2.9.554 249.789 249.784 2.9]00 250,145 257.90 250.185 250.189 249,246 240,309 250.184 2017 252.373 253.015 254,625 254.971 255.074 266.275 256.023 256,739 257.890 254,439 2.82%. PPI Industry Data Original Data Value Series to: PCU484--4B4- Industry: Truck transportation Product: Truck transportation Bae. Date. 200312 Years: 2007 to 2017 Year Jan Feb Mer Apr May Jun Jul Aug Sep Oct any Dee 2007 113.8 113, 6 114.0 115.0 115.4 115.5 115.3 115.5 115.6 116.1 117.1 117.8 2008 119.0 119,3 121.0 122.4 124.5 126.6 1271 125.6 125.3 124.2 121.4 1161 2000 1186 W.7 116.1 116,5 116.7 117.1 1776 117.5 117,8 117.4 117.8 117.2 2010 1173 117.6 118.5 110.9 119.5 1164 119.3 119.4 119,6 120.1 121.3 121.4 2011 122.2 My 125.1 12611 127.4 1269 126.7 126] 127.5 127.5 128.1 128.2 2012 1267 129.1 130.5 130.9 130.8 130.0 MA 131.2 132.1 132.2 132,1 132.2 2013 131.8 132.4 132.9 132.2 132.2 132,0 132.7 132.9 1329 133. 133.0 133.3 2014 133.5 133.5 1340 135.0 135.7 135.8 135.8 135,8 136.3 134.8 134.7 134.5 2015 133,0 132.1 132.6 132.3 1329 133. 132.9 1322 131J8 131,4 132.1 131.7 2016 131.8 131.3 131.0 131.3 1311 131.0 131.3 131.2 130.9 137.8 132.0 132.2 2017 132.5 132.8 1326 132.8 133.2 133.3 133,0 1343 1356 2.36% Sou rre: Bureau of Lobar Statistics 25K-16 Generated am October 26, 2017 (05:50:56 PM) Exhibit 4 FIRST AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS FIRST AMENDMENT to the above -referenced agreement is entered into on February 20, 2018, by and between MetroPro RoadServices, Inc., 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. The parties entered into Agreement #A-2016-234, dated August 16, 2016 ("Agreement'), by which Contractor agreed to provide vehicle towing and storage services. B. The original term of the Agreement was from September 1, 2016 and continues through August 31, 2019. The agreement provides under Section 2.d. for the parties to allow for the City to adjust the towing and storage rates at an amount not to exceed two percent (2%) annually based on Consumer Price Index ("CPP') and the Producer Price Index for Petroleum statistics for the greater metropolitan region. The adjustments are allowed if justified and at the sole discretion of the Chief of Police based on recommendations from the Traffic Commander. C. Based on the required statistical information presented to the City, the parties wish to amend the Agreement to allow for a two percent (2%) increase of the towing and storage rates pursuant to Section 2.d. of the Agreement, which will take effect as of February 21, 2018. The Parties therefore agree: 1. Section 3, Compensation, is amended to include Exhibits B-1 and B-2 reflecting the rate changes and the CPI data required under section 2.d. Exhibit B-1 will replace Exhibit B of the Agreement and act as the current Fee Schedule until such time as a fiurther amendment maybe necessary and/or warranted. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager -- signatures continue on next page -- Page 1 of 25K-17 APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO City Attorney ^n� B 1 V / TA ARA BOGOSIAN Assistant City Attorney RECOMMENDED FOR APPROVAL DAVID VALENTIN Acting Chief of Police Name: Title: Page 2 of 2 25K-18 Proposed rate adjustment with 2% increase EXHIBIT B-1 FEE SCHEDULE AUTHORIZED TOWING AND STORAGE FEE SCHEDULE* . �. ;�.`x - u... .+ _ : * , . AW#0.1 1,'khicle Release Fee (PD) ffClass $75.00 164961990 Class B or Flatbed 101111111111104" Class C 00010@1 Cl ass D X999199■ Dolly, Go -Jacks or Linkage Fee 11666 M Rollover or Winching Fee 9"1111199W Clean-up Fee (fee to City capped at $35,00 per occurrence) 46"N Hazmat Fee (per five (5) gallon bucket)P9� Vehicle Storage Fees (Daily) Class A — Outside Class A — Inside "Wow Class B — Outside a" &" Class B — Inside Class C or Class D — Outside 4¢96199 Cl ass C or Class D — Insid e After Hours Release 50% of the authorized towing char e `Minimum Service Call or Drop Fee I 50% of the authorized towing charge Lien Sale As authorized by the I California Civil and Vehicle Codes Mileage (per mile outside the corporate city limits) $9.00 I * Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum 1 hour. 25K-19 I i 2% increase n/a, $198.90 i $229.50 $331.50 $367.20 $61.20 $132.60 $61.20 $117.30 $56.10 $61.20 $61.20 $66.30 $66.30 $71.40 n/a Bureau of labor 5tat IstIM PRhiblt B-2 CPI -All Urban Consumers (Current Series) Original Data Value Series to: CUURM218M lwuatw: Truck transpadedon Not Seesonally Adjusted Product: Trudy transportation 8.11.0 Tio.: All Items In to Angeles-Rlverdd.-Dlange Base Date: 200312 Area: Las Angeles-nis. aiaf Oo anga County. CA Years: 2007 b 2017 Item; All items Year Jen Fab Mar Apr May Jun Jul Aug Sop ease Period: 1982-84'-100 Doe 2007 113.3 113.5 114.0 115.0 115.4 115.6 115.3 115.5 115,5 116.1 117.1 117.8 Years: 2007 b 2017 121.0 1224 124.5 126.5 127.1 125.6 125.3 124.2 121.4 119.1 2009 116.0 V7.7 116.1 Year Jan Feb Mar Apr May Jun Jul Aug Bap Oct Nov Doe Annual HALF1 HALF2 2001 212504 214.780 216.500 217.845 218.596 217.273 217.464 2173311 212.697 218.696 219.943 219.373 217.338 216.260 210.416 2008 220.918 221.431 223.606 224.625 226,651 229.033 229,885 228.484 227.449 226.169 222.229 219.620 225.008 224.377 225.638 2009 220.719 221.439 221.376 221.693 222.522 223.906 224.010 224.507 225.226 225.264 224.317 223.643 223.219 221.943 224.495 2010 224610 224.620 226.483 225.916 226.438 225.877 225.991 226,373 226.098 225.794 228.941 226.639 225.094 225.491 226.298 2011 220852 229.729 232,241 2$3.319 233.367 232.328 231.303 231.833 233.022 233.049 232.731 231.667 231.928 231.606 232.251 2012 233.441 234,537 236.941 236,866 237.032 236,025 235,776 232222 238.104 240.111 237.675 236542 236,648 235.607 237.480 2013 230.015 239753 239.995 239.043 239.348 239.223 230.920 239,219 2$9.611 239.940 238.677 238.742 239,207 239.229 239.185 2014 239.857 241.059 242.491 242.437 243.362 243.628 243.727 243.556 243.623 243.341 241.753 240.475 242.434 242.122 242.746 2016 239.724 241.297 243.738 243.569 245.093 246.459 247.066 246.328 245,431 245.812 246.711 245.357 244.632 243.313 245.951 2016 247.155 247113 247.873 248.368 249.654 249.709 249.784 249.700 250146 261.098 250.185 250.189 249.246 246.309 250,184 2017 252.373 253.815 254.626 254.971 255574 255.275 256.023 256.739 257.890 254.439 2.62% PPI Industry Data Original Data Value Serloa bb PCU484,-464- lwuatw: Truck transpadedon Product: Trudy transportation Base Date: 200312 Years: 2007 b 2017 Year Jen Fab Mar Apr May Jun Jul Aug Sop Oct Nov Doe 2007 113.3 113.5 114.0 115.0 115.4 115.6 115.3 115.5 115,5 116.1 117.1 117.8 2008 119.0 119.3 121.0 1224 124.5 126.5 127.1 125.6 125.3 124.2 121.4 119.1 2009 116.0 V7.7 116.1 116.6 116.7 117.1 117.6 117.5 117,6 117.4 117.0 117.2 2010 117.3 117.6 1186 118,9 119.5 110.4 119.3 119.4 119.6 120.1 121.3 121.4 2011 122.2 123.7 125.1 126.6 127.4 126.9 126.7 126.7 127.6 127.5 128.1 120.2 2012 128.7 129.1 130,5 130.9 130.8 130.0 130.0 131.2 132.1 1323 132.1 132.2 2013 131.8 132.4 132.9 132.2 132.2 132.8 132.7 132, 9 132, 9 133.0 133.0 133.3 2014 133.5 133.5 134.0 135.0 135,7 135.8 135A 135.6 136.3 134.8 134.7 134.5 2016 133.0 1321 132.8 1323 132.9 133.0 132.9 132.2 131.0 131A 132.1 131.7 2016 131.8 131.3 131.0 131.3 131.3 131.0 131.3 131.2 130.9 131.8 1320 132.2 2017 132.5 132.8 132.6 132,8 133.2 133.3 133.0 1343 135.6 2.36% 5oures! Bureau of Laborstallstics 25K-20 Generated on: ORaber 26, 2017 (05:50:58 PM) Exhibit 5 FIRST AMENDMENT TO SERVICE AGREEMENT FOR ROTATIONAL TOW PROVIDER THIS FIRST AMENDMENT to the above -referenced agreement is entered into on February 20, 2018, by and between Hadley Tow, Inc,.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. The parties entered into Agreement #A-2016-235, dated August 16, 2016 ("Agreement'), by which Contractor agreed to provide vehicle towing and storage services. B. The original term of the Agreement was from September 1, 2016 and continues through August 31, 2019. The agreement provides under Section 2.d. for the parties to allow for the City to adjust the towing and storage rates at an amount not to exceed two percent (2%) annually based on Consumer Price Index ("CPP') and the Producer Price Index for Petroleum statistics for the greater metropolitan region. The adjustments are allowed if justified and at the sole discretion of the Chief of Police based on recommendations from the Traffic Commander. C. Based on the required statistical information presented to the City, the parties wish to amend the Agreement to allow for a two percent (2%) increase of the towing and storage rates pursuant to Section 2.d. of the Agreement, which will take effect as of February 21, 2018. The Parties therefore agree: Section 3, Compensation, is amended to include Exhibits B-1 and B-2 reflecting the rate changes and the CPI data required under section 2.d. Exhibit B-1 will replace Exhibit B of the Agreement and act as the current Fee Schedule until such time as a further amendment may be necessary and/or warranted. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA MARIA D. HUIZAR RAUL GODINEZ II Clerk of the Council City Manager -- signatures continue on next page -- Page 1 of 2 25K-21 APPROVED AS TO FORM CONTRACTOR SONIA R. CARVALHO Cit LIN Assistant City Attorney Title: RECOMMENDED FOR APPROVAL DAVID VALENTIN Acting Chief of Police Page 2 of 2 25K-22 Prosed rate adjustment with 2% increase I EXHIBIT B-1 FEESCHEDULE AUTHORIZED TOWING AND STORAGE FEE SCHEDULE* q -nu ttt rVar ryj w{nAsy vSn4 .e§nit} f 'Vg NM"v ai:�gxi ICA a��ee��s�t Stored Vehicle Release Fee (PD) $75.00 _ CI ass A folloot99• Class 6 or Flatbed •15 Class C Class D Rol WeAw Dolly, Go -Jacks or Linkage Fee 1111" n Rollover or Winching Fee x!99• Clean-up Fee (fee to City capped at $35,00 per occurrence) N66446w Hazmat Fee (per five (5) gallon bucket) 01111" "M Vehicle Storage Fees (Daily) Class A — Outside MOWN Class A— Inside MP9GaGG® Class 6 — Outside .IpGAaG■ Class B — Inside �®GIGGo Class C or Class D — Outside Class C or Class D — Inside loom After Hours Release 50% of the authorized towing charge I Minimum Service Call or Drop Fee . 50% of the authorized towing charge Lien Sale As authorized by the I California Civil and Vehicle Codes Mileage (per mile outside the corporate city limits) $9.00 I 2% increase n/a $198.90 $229.50 $331.50 $367.20 $61.20 $132.60 $61.20 $117.30 $56.10 $61.20 $61.20 $66.30 $66.30 $71.40 n/a * Fees indicated herein will become the City's maximum authorized rates effective at the time of contract implementation; minimum 1 hour, I 2 25K-23 Bureau of Labor Statistics Exhibit B-2 CPI -All Urban Consumers (Current Series) Original Data Value Series to: CUURN218M InduBtry: Truck tlanspalallen Not Seasonally Adjusted Product: Tuck lmosporlaron Bedes Tllle: Al items In Los Angeles-Mversde-Orange ease Date: 200312 `Area: Las An9eles.Rl.relde-Orange County, CA Years: 2W7 b 2017 Ilam: Al Items Year Jan Feb Mar Apr May Jun Jul Aug Sep Base Period: 198 2 8 4=10 0 Dec 2007 113.8 113.5 1144 116.0 115.4 116.8 115.3 115.6 115.6 116.1 117.1 117.0 Years: 2007 to 2017 121.0 122.4 124.5 126.6 127.1 126.6 125.3 1242 121.4 119.1 2009 118.5 117.7 116,1 Your Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2007 212.504 214.760 216,500 217.845 210.596 217,273 217.454 217.330 217.607 218,690 219.943 219.373 217.338 216.260 218,116 2006 220.918 221431 223.606 224,625 226.661 229.033 229,806 228.484 227,449 226.159 222.229 219.620 225408 224.377 225.638 2009 220.719 221,439 221.376 221.693 222,522 223.906 224.010 224,507 225.228 225.264 224.317 223.643 223.219 221.943 224.495 2010 224.610 224.620 225.483 225.916 226.438 225.877 225.991 226.373 226.040 226,794 225.941 226.639 225.694 228491 226.298 2041 226.652 229.89 232241 233.319 233.367 232.320 231.303 231.033 233.022 233,049 232.731 231.567 231.928 231.606 232251 W12 233,441 234.537 236.941 236.866 237,032 236.025 235.776 237.222 MAN 240.111 237.675 236,042 236.648 235.807 237,408 2013 238.015 239.753 239.995 239.043 239.346 239.223 238920 239.219 239.611 239.940 230.677 230.742 239207 239.229 239.185 2014 239.857 241,059 242.491 242.437 243.362 243.528 243.727 243.556 243.623 243.341 241.753 240.475 242434 242.122 242.746 2016 239.724 241297 243.736 243.569 246.093 245.469 247.066 216.320 246.431 245.812 245.711 245.357 244,632 243.313 245.951 2016 247.155 247413 247,873 248.360 249,554 249.789 249.784 249.700 250.145 251490 260485 250.189 249.246 248.309 250,104 2017 252.373 253.846 254,525 264.971 255,674 255.276 2566.023 256.739 257.890 254439 2.82% PPI Industry Data Original Data Value Series to: PCU484--484- InduBtry: Truck tlanspalallen Product: Tuck lmosporlaron ease Date: 200312 Years: 2W7 b 2017 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2007 113.8 113.5 1144 116.0 115.4 116.8 115.3 115.6 115.6 116.1 117.1 117.0 2008 119.0 119.3 121.0 122.4 124.5 126.6 127.1 126.6 125.3 1242 121.4 119.1 2009 118.5 117.7 116,1 116.6 116.7 117.1 117.6 117.5 117.8 117.4 117.8 117.2 2010 117.3 117.6 118.5 170.9 119.5 119.4 119.3 119.4 119.6 120.1 121.3 121.4 2011 122.2 123.7 125,1 126.6 1224 126.9 126.7 126.7 127.5 127.5 1284 128.2 2012 128.7 129.1 130.5 130.9 130.8 130.0 130.0 131.2 132.1 132.2 132,1 132.2 2013 131,8 132.4 132.9 132.2 132.2 132.8 132.7 132.9 132.9 133.0 133.0 133.3 2014 133.5 133.6 134.0 135.0 135.7 135.8 135.8 135.8 135.3 734.0 134.7 134.5 2075 133.0 132.1 132.6 132.3 132.9 133.0 132.9 132.2 131.8 1314 132.1 131.7 2016 131.0 131.9 131.0 131.3 131.3 131,0 131.3 131.2 130.9 131.8 132.0 132.2 20W 132.5 132.8 132,6 132.8 133.2 133,3 133,0 134.3 135.6 2.36% Source: Bureau 6f Ubor St talcs 25K-24 Generated on.October 26, 2017 (065866 PMI REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: AGREEMENT WITH DISCOVERY SCIENCE CENTER OF ORANGE COUNTY FOR PUBLIC EDUCATION SERVICES (STRATEGIC PLAN NO. 5,2) CIT( MAS RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' 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 agreement with the Discovery Science Center of Orange County for public education services for a three-year period beginning January 1, 2018, through December 31, 2020, in the amount of $135,000 annually, for a total agreement amount of $405,000, subject to nonsubstantive changes approved by the City Manager and City Attorney. Assembly Bill 939 (AB939) mandates waste diversion from landfills and recycling program implementation using approaches that include public education. The City is in full compliance with this legislation through a variety of diversion and recycling programs. On February 4, 2013, the City entered into an agreement with the Discovery Science Center of Orange County (DSCOC) to provide waste disposal and recycling public education through its award-winning Eco Challenge exhibit. The exhibit engages visitors of all ages in a fun, interactive experience that teaches new behaviors through educational content accompanied by stage shows and hands-on demonstrations. As part of the agreement, the DSCOC delivered an enhanced public education program specifically tailored to Santa Ana residents entitled, "Santa Ana Waste Free Days." One day each month, from February 2013 to February 2016, the DSCOC welcomed Santa Ana residents free of charge and offered a range of programs, activities, and guest incentives geared toward the promotion of positive recycling and waste disposal habits. DSCOC was reaching approximately 9,000 Santa Ana residents per year through this program at the time. The total cost for an entire year of development, programming, and reporting for the "Santa Ana Waste Free Days" program was $120,000. The City used unspent CalRecycle Beverage Container Recycling grant monies as the funding source during that time. On July 5, 2016, the City entered into an agreement with the Discovery Science Center of Orange County (DSCOC) to continue to provide waste disposal and recycling public education through its award-winning Eco Challenge exhibit. However, there were no remaining CalRecycle grant funds. CalRecycle had narrowed the focus for new grant expenditures, leaving the City unable to direct these grant funds to the DSCOC. The new agreement was approved by City Council for a period of one year, with the option for up 25L-1 Agreement with Discovery Science Center February 20, 2018 Page 2 to two additional one-year terms. For this one-year period, alternative funding was provided through the Refuse Enterprise. However, before the extension could be exercised, the term expired. DSCOC and staff have worked together to enhance the program for 2018 through 2020. A new interactive Eco presentation in the Planetary Research Station and new demonstrations in the Healthy Kitchen focusing on healthy living and reducing food waste have been added, enhancing our compliance with state education and outreach mandates, especially Mandatory Commercial Organics Recycling Assembly Bill 1826 (AB1826). The expansion of the scope, combined with a change in leadership at the City, has delayed the start of this next agreement period, which will be effective January 1, 2018. Additionally, attendance at DSCOC has increased significantly due to the popularity of the program with Santa Ana residents, increasing the annual cost of the program to $135,000 per year. To maintain this public education program in support of compliance with AB939 and AB1826 and to continue this valuable program for Santa Ana residents, funding has been earmarked from the Refuse Enterprise. By approving this agreement (Exhibit 1) with the DSCOC for public education services, "Santa Ana Waste Free Days" will continue for three more years. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability, Objective #2 (expand opportunities for conservation and environmental sustainability. FISCAL IMPACT - Funds in the amount of $135,000 are budgeted and available in the Public Works Refuse Collection Service Fund (Account No. 06917640-62300) for expenditure in Fiscal Year 2017-18. Annual amounts of $135,000 will be budgeted in Fiscal Years 2018-19 and 2019-20. Public Works Agency FM/MLM/CK Exhibit: 1. Agreement -' C • 0 _ Y11i101PL�'VilI9T.-WKi111k'h&5 Francisco Otdierrez Y Executive Director I Finance & Management Services Agency 25L-2 AGREEMENT WITH DISCOVERY SCIENCE CENTER TO PROVIDE RECYCLING EDUCATION PROGRAM THIS AGREEMENT is made and entered into this 20th day of February, 2018 by and between Discovery Science Center of Orange County, a California 501(c)(3) non-profit corporation ("DSC"), 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 DCS offers an educational program focusing on practical recycling and waste re- duction behaviors in the home, otherwise known as the Santa Ana Waste Free Days Program ("Program"). B. The Program engages visitors in a fun, interactive experience that teaches new behav- iors through exciting hands-on programming. C. City desires to engage DSC to provide the Program for Santa Ana residents free of charge once per month. D. DSC represents that it is qualified and willing to provide said educational programming. 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: DSC'S OBLIGATIONS DSC shall provide the Program, as further described below and set forth in Exhibit A. a. DSC agrees to use all funds received from City pursuant to this Agreement exclusively to provide the Program, as set forth in Exhibit A, attached hereto and fully incorporated by this reference. b. All funds received by DSC from City pursuant to this Agreement shall be separately ac- counted for apart from any other funds of DSC, or of any principal or member of DSC. C. DSC shall keep records of all funds received from City under the terms and conditions of this Agreement. DSC agrees to keep monthly records of the number of Santa Ana residents participating in the Program. DSC shall submit quarterly reports within fifteen (15) days after the quarter is completed. Said quarterly report shall include monthly ac- counting of: i. Number of Santa Ana residents targeted for services, ii. Actual number of Santa Ana residents attending the Santa Ana Waste Free Days program, iii. Number of guest surveys completed, iv. Number of Eco Challenge attendees on Santa Ana Waste Free Days, and V. Documentation of program components, including samples of printed materials. Page 1 of 7 Exhibit 1 25L-3 d. Upon reasonable notice to DSC, City and/or its representatives shall have access for purposes of monitoring, auditing, and examining DSO's activities and performance, to books, documents and papers, and the right to examine records of DSC's subcontractors, bookkeepers and accountants, employees and participants regarding the Program. City and/or its representatives shall also schedule on-site monitoring at its discretion. Noth- ing herein shall be construed to require access to any privileged or confidential infor- mation as set forth in federal or state law. e. All accounting records and evidence pertaining to all costs of DSC and all documents related to this Agreement shall be kept available at DSO's office or place of business for the duration of the Agreement and three (3) years beyond. f. Without prejudice to any other provisions of this Agreement, DSC shall, where applica- ble, maintain the confidential nature of information provided to it concerning partici- pants in accordance with the requirements of federal and state law. However, DSC shall submit to City or its representatives, all records requested, including audit, examina- tions, monitoring and verifications of reports submitted by DSC, costs incurred and ser- vices rendered hereunder. 2. COMPENSATION City shall pay to DSC for the Program $11,250 per month for DSC's provision of one Program day per month, for a maximum aggregate payment of One Hundred Forty -Five Thousand Dollars ($135,000)`annually;'to be paid in quarterly installments. City shall withhold quarterly payment if DSC fails to provide the quarterly reporting as required by Section I.e., above, in conformance with this Agreement. The total amount to be expended under this Agreement shall not exceed $405,000. 3. TERM This Agreement shall commence on January 1, 2018 and terminate on December 31, 2020, un- less terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR DSC shall, during the entire term of this Agreement, be construed to be an independent con- tractor 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 DSC performs the services which are the subject matter of this Agreement; however, the services to be provided by DSC shall be provided in a manner consistent with all applicable standards and regulations governing such services. DSC shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes for its employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, DSC shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Page 2 of 7 25L-4 a. Commercial General Liability Insurance. DSC shall maintain commercial general liabil- ity 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 DSC'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: sin- gle 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 and not contributory with respect to insurance or self-insurance programs maintained by the City; and (c) contain standard separation of insureds provisions. b. Worker's Compensation Insurance. In accordance with the provisions of California law, if DSC has any employees, DSC 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, DSC agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. C. The following requirements apply to the insurance to be provided by DSC pursuant to this section: i. DSC 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 Agree- ment and shall be approved in form 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. DSC shall supply City with a fully executed additional insured endorsement. d. If DSC 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 terminate this Agreement. Such ter- mination shall not affect DSC's right to be paid for its time and materials expended prior to notification of termination. DSC 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 DSC agrees to 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 direct or indirect operations of DSC or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which re- lates to the services described in this Agreement; and (2) from any claim that personal injury, damages, Page 3 of 7 25L-5 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, aris- ing from this Agreement. DSC further agrees to indemnify, hold harmless, and pay all costs for the de- fense 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 DSC receives from the City information which due to the nature of such information is rea- sonably understood to be confidential and/or proprietary, DSC 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 rea- sonable care. "Confidential Information" shall include all nonpublic information. Confidential infor- mation includes not only written information, but also information transferred orally, visually, elec- tronically, 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 DSC disclosed in a publicly available source; (c) is in rightful pos- session of DSC without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by DSC without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE DSC covenants that it presently has no interests and shall not have interests, direct or indirect, that would conflict in any manner with performance of services specified under this Agreement. 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 fax or other telegraphic communication in the manner pro- vided 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 To DSC: Discovery Science Center of Orange County Mr. L. Joseph Adams President/CEO 2500 N. Main Street Page 4 of 7 25L-6 Santa Ana, California 92705 Fax 714-263-3927 A party may change its address by giving notice in writing to the other party. Thereafter, any connnu- nication 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. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and DSC, and supersedes any and all other agreements, oral or written, between the parties. In the event of a con- flict 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 DSC. The parties agree that any terms or conditions of any pur- chase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate DSC 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 party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of DSC, DSC 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 con- sent 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. 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termina- tion. In such event, DSC shall be entitled to receive and the City shall pay DSC compensation for all services performed by DSC prior to receipt of such notice of termination, subject to the following con- ditions: a. As a condition of such payment, City may require DSC 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 DSC 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 performance specified in the Recitals of this Agreement. Page 5 of 7 25L-7 13. NONDISCRIMINATION DSC shall not discriminate because of race, color, creed, religion, sex, marital status, sexual ori- entation, 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 activi- ties or in connection with any activities under this Agreement. DSC 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 has been executed and delivered in the State of California and the validity, in- terpretation, 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 con- nection with or by reason of this Agreement. 15. WAIVER No waiver of a 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, 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. PROFESSIONAL LICENSES DSC shall, throughout the term of this Agreement, maintain all necessary licenses, permits, ap- provals, 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. DSC 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. 17. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature below has the power, au- thority and right to bind their respective parties to each of the terms of this Agreement, and shall in- demnify 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. Page 6 of 7 25L-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 FORINT: SONIA R. CARVALHO City Attorney By:/ ;F JOH M. FUN-- Assistant City Attorney RECOMMENDED FOR APPROVAL: Executive Director Public Works Agency Page 7 of 7 25L-9 CITY OF SANTA ANA Raul Godinez II City Manager DISCOVERY SCIENCE CENTER OF ORANGE COUNTY Name: Title: Background Santa Arra Waste Free Days Proposed Scope of Work Exhibit A DiscoveryCube, ORANGE COUNTY Since the doors opened in 2002 to what was then known as the Discovery Science Center, Santa Ana residents have received free admission on the first Tuesday of every month. Over nearly 20 years of operation, that has resulted in hundreds of thousands of local families being able to enjoy some of the most dazzling educational exhibits in the world, from Star Wars to Dora the Explorer. In 2013, Discovery Cube of Orange County and the City of Santa Ana, Department of Public Works partnered to bring Santa Ana Waste Free Day to the residents of Santa Ana, re -branding the traditional "free day" experience to place a focus on teaching practical recycling and waste - reduction behaviors in the home. Utilizing the Eco Challenge exhibit, DCOC's world-class ed- ucational content, and stage shows and hands-on demonstrations that bring scientific concepts to life, Santa Ana Waste Free Day engages resident visitors of all ages in a fun, interactive experience that teaches new behaviors. Scope of Work On the first Tuesday of each month, DCOC will welcome Santa Ana residents free of charge and implement a range of programs, activities, and guest incentives focused on the promotion of positive recycling and waste disposal habits. As a national leader in science education outreach, and as the home of the award-winning Eco Challenge exhibit, DCOC possesses a blend of resources that present a unique opportunity for the City of Santa Ana and its residents. DCOC will deliver the following program elements that will make Santa Ana Waste Free Days an immersive educational experience for all ages: ✓ Our Eco Challenge enhanced interactive audience show will run in our Sun Stage thea- ter regularly during the day ✓ Our Eco Challenge "Jeopardy" style multi -media game show will run at regular intervals in our 4D Theater ✓ A new special interactive Eco presentation in our Planetary Research Station. ✓ New demonstrations in the Healthy Kitchen focusing on healthy living and reducing food waste. ✓ In the Eco Challenge exhibit area, our Education team will present a special table -top demonstration focused on a key aspect of the science behind Reduce, Reuse & Recycle ✓ Each Santa Ana resident guest will be provided with a program containing: ✓ A schedule of shows, demonstrations and other activities 25L-10 ✓ A guest survey providing an opportunity to gauge learning, complete with a prize drawing to incentivize completion ✓ Recycling and waste disposal information relevant to, and provided by, the City At the end of each quarter, DCOC will provide the City with attendance figures for each Waste Free Day, survey results and any other data gathered as a result of the partnership. As City staff, and most residents, are aware, Discovery Cube has nearly doubled in size over the past couple years, adding a wealth of exhibits and teaching spaces that further enhance guest experience. This expansion has caused a spike in attendance that we expect will be reflected accordingly on Santa Ana Waste Free Days. While our annual attendance on Santa Ana Waste Free Days over the past few years has hovered right around 10,000 guests per year, we anticipate that figure to rise 15-20%, as has our overall paid attendance. Based on our attendance projections for the coming year, DCOC projects to reach approximately 11,000 Santa Ana residents through this program in the coming year. Total annual cost of the program including programming and reporting is $135,000 per year. Discovery Cube is requesting the term of the program to be for three years. The years intended for service are: January 1 2018 —December 31 2019, January 1 2019 — December 31 2020 and January 1 2020 — December 31 2021. Program payments will be made on a quarterly basis, and will be due on the 1st day of the upcoming quarter (January 1, April 1, July 1, October 1). 25L-11 25L-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: RECEIVE AND FILE STAFF REPORT APPROVING TENTATIVE TRACT MAP NO. 2017-03 TO ALLOW A SMALL LOT SUBDIVISION FOR THE TOM'S TRUCKS RESIDENTIAL DEVELOPMENT AT 905 EAST SECOND STREET; 910, 927, 928 & 1000 EAST THIRD STREET; AND 1026 EAST FOURTH STREET - BRIAN HENDRICKS, APPLICANT {STRATEGIC PLAN NO. 3,21 i C 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 Receive and file the staff report approving Tentative Tract Map No. 2017-03 as conditioned. PLANNING COMMISSION ACTION At its regular meeting on January 22, 2018, the Planning Commission by a vote of 4:1 (Alderete opposed, McLoughlin abstained, Nguyen absent), adopted a resolution approving Tentative Tract Map No. 2017-03 as conditioned to allow the subdivision of several parcels of land into 124 lots for single-family residential, condominium and open space purposes at 905 East Second Street; 910, 927, 928 and 1000 East Third Street; and 1026 East Fourth Street located in the Specific Development No. 84 (SD-84/Transit Zoning Code) Heavy Industrial/Overlay Zone (OZ -M2) land use district. The Planning Commission added two conditions of approval that require the applicant to investigate the potential of creating a permit parking district within the project boundaries and to explore the feasibility of installing speed bumps/traffic calming measures on Standard Avenue (Exhibit A). DISCUSSION Brian Hendricks, on behalf of property owner KC Heidler, is proposing to relocate the Tom's Trucks sales and repair center from the subject parcels and construct a new residential community on the Tom's Truck campus. Specifically, the applicant is proposing to construct 84 single-family residences on the both sides of East Third Street (between Garfield Street and Standard Avenue) and 33 attached townhome units on the east side of Standard Avenue. The single-family units will be three stories in height, range in size from 1,865 square feet to 2,305 square feet, and will contain four bedrooms, three and a half bathrooms and a two -car garage. Each unit will also contain private open space in the form of a balcony on the second floor and a 32A-1 TTM No. 2017-03 — Subdivide Parcels at 905 East Second Street; 910, 927, 928 & 1000 East Third Street; and 1026 East Fourth Street February 20, 2018 Page 2 roof deck. The townhome units will also be three stories in height and will range in size from 1,363 square feet to 1,836 square feet. Three different floor plans will be provided, consisting of two, three and four-bedroom units with two and a half or three and a half bathrooms. Each unit will also have a two -car garage, with Options Two and Three containing private balconies. The architectural style of the single-family and townhome residences has been designed to be contemporary in nature, embracing the industrial character of the subject sites and surrounding area. Materials proposed for the residences include horizontal and vertical wood paneling, stucco, corrugated metal, metal and glass cable railings, and vinyl windows. Amenities include a pedestrian and bike paseo running in a north -south direction as well as two 6,800 -square foot public parks. The project is expected to generate new property tax revenue to the City with the conversion of a truck service center and vacant land into a residential development. It is estimated that property tax revenue of approximately $585,000 will be generated annually from this project. 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). FISCAL IMPACT There is no fiscal impact associated with this action. Candida Neal, AICP Acting Executive Director Planning & Building Agency VF: rb S:RFCAX2018\02-20-181PBA TTM2017-03 Toms Truck Subdivision Exhibit: A. Planning Commission Staff Report 32A-2 REQUEST O PLANNING COMMISSION MEETING DATE. JANUARY 22„ 2ff18 TITLE: PUBLIC HEARING — FILED ALLOW A REDUCTION IN REQUIRED PARKING AND TENTATIVE TRACT MAP NO. 2017.03 TO ALLOW A SMALL LOT SUBIDIVISIQN FOR THE TOM'S TRUCKS RESIDENTIAL DEVELOPMENT (STRATEGIC PLAN NO. S, 2) Prepaied icy APPROVED d As R000minanded a As Amended El SetPutnlio Hea+rg FbR OWED 0 Appliraitits Requesr 0 Stuff PerammebdMla n QNTINUE7 TO Acting E9ecUliVe r tar A tin P rain vtanaiU r 1, Adopt a resolution approving Variance No. 2017-09 as conditioned to allow a reduction In required parking, 2. Adopt a resolution approving Tentative Tract Map No, f117-03" es conditioned to allow the subdivision of several parcels of land into 124 lots for single-family residential,condominium and open space. purposes. Executive Summargr Brian Hendricks, representing KC Ha filer and Turn's Truck Center, is requesting approval of a variance and a tentative tract map in order to allow an 117®unit residential development on an industrial site located at 965 East Second Street; 916, 927, X928 and 1000 East Third Street; and 1026 East Fourth Street, Specifically, the applicant Is requesting approval of a variance from Section 41c2014(d)(2) of the Santa Ana Municipal Code (SAMC) to allow a reduction In required parking as required by the Transit Zoning Grade. Further, the applicant Is requesting approval of a tentative tract reap In order to allow a 1.61 -acre site to be subdivided into a 32 -graft development, a 316 -acre site to be subdivided into a 52 -unit development, and a 1,37 -site to be developed with 38 townhome units. Additionally„ seven common area parcels will be created by the tentative map, Staff Is recommending; approval of the requests due to unique circumstances related to the site, the projects location within the City, and the project's consistency with the Transit Zoning Code, EXHIBIT A 32A-3 Varldnce No, 2417-09 and Terrtatfve Tract MPp No. 417•0 Januarys 2, ZQ18, �• , M toWnhofnes. specifically, the applicant the north std ; taf East'Third Street (bei family unit .ran the south side Of East TI side of standard Avenue, Included in• Industrial Overlay (1 -OZ) designation, the i arcels anti allowino the residential devE townhcrna units on tho is a 1'aquest to reafagve' s as pdrrnitt€ d uses rata tE The- singJe-farn'tly units will be three stores in hialg it sand will range it :slze from 1,865 square feet to'3pssquarefeet. IlEaohfloor plart-type will contain four bad roo s three anda,halfbathroorn and will have +a two -cow garage,, With the larger plata 3 unit also cortafiiing a don and loft. Foch unit will also contain private open space in the form of a balcony on the second floor and a roof deck, The townhcame component will also be three stories in height and will range in rSize from 1,36 square feet to 1,836 square feet, Three different filoor plans will be provided, consisting of two, three and fovr-bedroom options and have either two and a half'of three and a half bathrooms, Eac,i unit will also have a two -car garage, with Options Two and Three containing private baloontes. 32A-4 I ProjectAddres'ses 9G5 East SabandSrreet 9ttl, 7 92&and 1UtiQ East Third Street;j and i o26 test Po' urth Street Nearest Intersection 1 Fourthand3rdedertStroetsi l %ranerat,Plan Cresicdnaliori' .,.,...�...�_4 �libaia Neighf�+arla�aod (��f ._ Qn1nC� f�eSfC,�r4c"ft1{an , `a'(3eCrtltz•. [3evetr�prneaa[ ,Mita. d4 (SfJ=$4#iranSlt iiailltl.g.. 00L'Ie): - Overte enell-ieav Industrial 0 -1u12 land ust: distr"t urroundintg .Land Uses:. North intlustr at aid comma rt taJ est , 1ra�ustnai ���„� ��xhtkattl ' outf7_ Uacarit .1hd—usttai7 West Ga x n7�ar+tt 5sruica and tfesitenkial": Prra ap t ! ... 61'1 s'litre e igt4A, I4 wri rlts€Gas .,. �; EnlstiMg Site reV6loprnd t Chi at .cantelns numerous -cane and t or r Ake end inli €ai ttrudtu'res °which are used by TonVa 'trucks for .truck repair -ourposes: Use Pennnis4ilo"s Salon A1,2004 The In ustrial overlay Zcnol, Residential vsas,ar6 altowod'byrightlnlhs aning district Zon 0 edtUarts Affected nq to as U SAMO Sodtinn C 020 J �a eat nal StandarsJs SAMC Sev 1 Z014dl 21 �• , M toWnhofnes. specifically, the applicant the north std ; taf East'Third Street (bei family unit .ran the south side Of East TI side of standard Avenue, Included in• Industrial Overlay (1 -OZ) designation, the i arcels anti allowino the residential devE townhcrna units on tho is a 1'aquest to reafagve' s as pdrrnitt€ d uses rata tE The- singJe-farn'tly units will be three stores in hialg it sand will range it :slze from 1,865 square feet to'3pssquarefeet. IlEaohfloor plart-type will contain four bad roo s three anda,halfbathroorn and will have +a two -cow garage,, With the larger plata 3 unit also cortafiiing a don and loft. Foch unit will also contain private open space in the form of a balcony on the second floor and a roof deck, The townhcame component will also be three stories in height and will range in rSize from 1,36 square feet to 1,836 square feet, Three different filoor plans will be provided, consisting of two, three and fovr-bedroom options and have either two and a half'of three and a half bathrooms, Eac,i unit will also have a two -car garage, with Options Two and Three containing private baloontes. 32A-4 Variance No. 2017-09 and Tentative Tract Map No. 017-03 January 22, 2018 Page 3 The architec--tural style of the sin_9le-fsmjIy and townhome residences has been designed to be• contemporary in naturs, embracing the industrial character ofihe subject sites and overall mature of the area, Materials proposed for the residences include horizontal and vertical wood paneling, stucco, corrugat d metal, metal grid glasscable railings, and vinyl wfndaws, Other improvements proposed for the site include a pedestrian and bike paseo rurin,169 in a. north -south direction, a � ,i 00,square feat public park at the. southwest area of'the development, and artrrther ,89tt-square farat.q rk in ih central sec of the slte. Pedestrian faaser�e wi[I also be used to connect the various sections of the site, .. a r- e.. ,- . The subject alto Was ori Vanance No, 201 M9 and Tentative Tract Map Na; 2047M January 221-2018 Page 4 Prbi ct Anglysls. variance Ana Municipal Code Mivlt, spout circurrisli3nce".related t 30tbstaniiel,property rights, will not dvarsely affect tate (ercereil Plan, (a veriece. (}ie ap ItoanE-is r qu+stirtg a yarranc iia allow s reductiori in requfro d parking fear the proposap project The, Transit Zoning code requires 000 of. 2.25 ,parking space+ per unit, with ,,'spaces for oarIh unit plus an additional 2 spaces p6r 1rnit far guest p€rking. As proposed, the applicant is° pr�wding a ,�2-car'garag _Rer,ohit taut is rietir idnt lig the gpest jq rkinc b 9 spicas the need for a v tent is to enur; percentage of the hoagie buyers Although the site is short, 13 gq, provided can Second Street, Tit' reduction Qt" the guest parking 't designed to encourage non-val inclusion of a pedestrian paseov livability and quality of lite Within l a two -car garage.' As a result; -tween fhe boi�-, of 17�c wgWwrx Santa Arta and the Santa UC), Jocaticrns that encourage Multf-modal transit site is located within the Transit Code ZoMyg bound nant that situates commeta, work places residences ftransit, given the tnix of uses Inthe arae, It is llkely tl live Bear their resirfenc6s, faduoing the need.f6r par king spaces, a total of 79 cin -street parking spaces wi zet,, .Garflold Street and -Standard Avenue, minlMlviric Additionally, the surrounding streets and project w1ii options, Including the installation of bike lanes art Zoning podo as the project supports -a mi commerr'e, work places and re ldences wit incorporate streets that meet the .needs of pedestrians, cyclists acrd automobiles; promo vehicular options, and will repair and star interconnected grid streets and a mixturetif s of public transit such as the OC Streetcarand m n In parking will support several goals of the Transit lure of development and opera spaces that situate. un, walking distance of transit and one another, will many tronst modes suoh as public trai spottatign, es tranaltroriented d veiopment arld encourages nam- ilize the urban fabric of the 'area, via the use of rohitectural styles to support the successful expansion encbumge cort'ipatible developrnenlL 32A-6 Variance No, 017-ORandTentative Tract flap NQ. 2011 703 JanuatY 22, 2018 Page The proposed reduction In parking Will net rosideritial development is a permitted use in addition, the project is consistent`vvlth ses�er Goal to promote land uses which enhance preserve and lmprovi� the character and Integ that the imnacts`of development are mitlgated Tentative Tract:Niar Tentative tract map requests .arp governed by Section Additionally, slocathis projeot involves s small lot subdlVisl 41 21 pu thrpugb 41 w 184 of the 6AMO, Tentative tract -m be shown #hat the prrtject ie consist with all element The s ser*us puuiFc newt €easlhrougta or use of general piaci as the proposed hood land use desigriatlom In of the Geneml Plan, including :,and fiscal viability, Goal 3 to orhoo0s, and Goal 5 to ensure +' f rth(er.. is proposing to subdivide'the dxlstirag ;develcopment site into 84 fee simple lots troduot), lots Tor:cgrtdQmlhiOtl purposes(fciwOome.pr€ duct)and Tlettered lots purposes, Based can a review of the tentative map by the Planning Division arid' Agency, the prglect has been designed to be in compliarsce with the applicable ,tandardsi found in hapters 34 i .ubdivis€€tan) ani Al (Zoning) of the;ants Ana The project will prcomotd .a develom6nt suitable opportunity to purchase a reslderi it! the Ply. Tt of jobs-houaing tbalanca=111 this central area•, of the the coristruction of the proposed publlo improvem( enhancement of a portion of the city that has seen t the environmental analysts forthe proioot no anvk slnce the parcels are either utilized by tru;* maint development of tfie site :will not result in any serif public ea' sments recorded ran the subject site. for the site and will provide an addltional project will also contribute to thepromot`rort amity, Additionally, the: development; through its and site amenities, will contribute to the tinirnal Investment in recent years. used an imantal or fish and wildlife Impacts will occur tnanbe purposes or are vacant. Finally, the is public health problems. nor are there any Approval of the tract wrap will be consistent with the goals and policies identified in the 'City Generdl Flan, Gaal 1 of the Land Use Element encourages the City to promote a balance Of land uses to address `basic community )*eds. This development proposal will result in the constructlon of entry level dousing, Which Is not typically found in Santa Arra, 'The project isalso consistent with Goal'8 to preserve and improve the character and integrity of exlstlng 32A-7 Variance No. 2017-09 and Tentative Trait flap No, X017-03 January 22,2011$ Page 6 neighborhoods. AApproval.rrf th[s project Evill ehhande the character of the if lMedlate Maas Well as the nt9htrncaids that suc[rsttttdF#hte dvelrftn# rultinti in an increase in prapEyr values. The project is also cps prr�ject nsistentwith gal 10 roduce residenbat avercrowding to prrrrno pubii0 heaith and safely. Thigill result in the €onstrup on of 117 rasiderrtlal unitsn thereby prov€ding an, opportunity -for resi ent.10 move lair: a h using deValoprnebt that will hq built, to mrr Cst building udda starf rds. Pdlldy No. 1, promates the maintenurt(a and foArlrtg of 6 commercial usi r. and residential neighbcrhaods which are in close prgMlmlty, :and Policy Nn. 11 supports development which provides- a positive •cmitrrbr tion to neighborhood choracler and, idefittly, The proposed Tarn's Trutck% developiriant will be designed to be consistent With those pryllelds' T6ble 3° CEO& Striltegic Plait .114 un- nt and Public Notiticattjoh G4mmuraity OtAtriMadh rrr Analys€s treed Iderititied a serles n and treip.; Further, tate Eta studies, ilia trar used land for residential purposes, such as R dot rr slrsatlott has been made that there are no new project specific, Significant effects peculiar to this accordance with 'CEQA 15183, no additional anvironmi the, prcjecl Is consisent with the development dorisil zp6rng and "General flan pofl4fes fdr which the EIR O certified Transit Zoning Cade project EIR and Mitigation Prograrri is the appropriate docurrient for lha actions q1-.gv1M1 Exemption Envlrcrmental f'Ieview Na, 20' velopment) Objective No, 2 of creating neva i wth and encouragepdvetedevelcpmentthroiA.g 32A-8 meet t Impacts or any Therefore, In m is required as rhsd by existing The preyously rg and ROP.Orfing d. As a result, be filed for this No-! (Economic, for businesVJob Plan and Zoning Variance No. 2017-09 and Tentative Tract Map No, 2017-03 January 22e 2bi a Page 7 Basest on the analysis prpVided within ibis repprt, staff s project is consistent with the goals and abj%Uves bf recommends that the Planning Commission approve Tentativo Trap( Map Na -9b'17 -03 -os conditic rred,, Vifrce Irl p Rrlrirsl�iPlan r Vr"im: 4iNarx5rts14t'AiVA ii'�1n � `7k pH1El irne Exhibits t. Resolution 2t VIG"Inity Zoning and Aerial View Map -3: Site Photo 4, Site Plan Floor Men 6, Building levations 7, 'Project Rendering 8, Tertativa7ract Map the Transit Zonfrig Code. Theretdre, staff Vbr,'tance No, 2017-09 as conditioned and 32A-9 LS 01.22.18 RESOLUTION NO. 2018-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-09 AS CONDITIONED TO ALLOW A REDUCTION IN REQUIRED PARKING FOR THE TOM'S TRUCKS RESIDENTIAL DEVELOPMENT TO BE LOCATED AT 905 EAST SECOND STREET; 910, 927, 928 AND 1000 EAST THIRD STREET; AND 1026 EAST FOURTH 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. The Applicant is requesting approval of Variance No. 2017-09 to allow a reduction in required parking for a residential development proposed at 905 East Second Street; 910, 927, 928 and 1000 East Third Street; and 1026 East Fourth Street. B. Pursuant to Section 41-2014(d)(2) of the Santa Ana Municipal Code (SAMC), a residential property in the Transit Zoning Code/Urban Neighborhood No. 2 zoning district is required to have a minimum off- street parking requirement of 2.25 spaces per unit. To meet this requirement, 263 spaces are required, but 244 are proposed. C. Variance No. 2017-09 came before the Planning Commission of the City of Santa Ana on January 22, 2018 for a duly noticed public hearing to reduce the required parking for the development to be located at 905 East Second Street; 910, 927, 928 and 1000 East Third Street; and 1026 East Fourth Street. D. The Planning Commission determines that for Variance No. 2017-09 the following findings, which must be established pursuant to Santa Ana Municipal Code Section 41-638 in order to grant a variance from the provision of the Santa Ana Municipal Code have been established: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this chapter. EXHIBIT 1 Resolution No. 2018-02 Page 1 of 7 32A-10 The project site contains a special circumstance related to its location. The proposed development is located between the core of Downtown Santa Ana and the Santa Ana Regional Transportation Center (SARTC), locations that encourage multi -modal transit and minimize the need for a vehicle. The site is located within the Transit Zoning Code boundaries, where the intent is to encourage development that situates commerce, work places, residences and civic buildings within walking distance of transit. Given the mix of uses in the area, it is likely that a percentage of the home buyers would work near their residences, reducing the need for parking. Although the site is short 13 guest parking spaces, a total of 79 on - street parking spaces will be provided on Second Street, Third Street, Garfield Street and Standard Avenue, minimizing the reduction of the guest parking spaces. Additionally, the surrounding streets and project will be designed to encourage non -vehicular options, including the installation of bike lanes and the inclusion of a pedestrian paseo within the central area of the project. As a result, the reduction in parking supports several goals of the Transit Zoning Code and General Plan as it will promote transit -oriented development and encourages non -vehicular options. 2. That the granting of a variance is necessary for the preservation and enjoyment of one or more substantial property rights. The granting of the variance is necessary for the preservation and enjoyment of substantial property rights. The granting of the variance would allow the property owner the opportunity to demolish outdated industrial buildings and replace them with entry-level housing, a product that is in demand in the immediate area and Santa Ana as a whole. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties as the building and site have been designed to comply with all applicable development standards except for the minimum parking standard. Further, each unit has been provided with a two -car garage, with limited guest parking also provided on the premises. An additional 79 guest parking spaces will be provided on the adjacent local streets, minimizing the loss of required guest parking spaces. Finally, the proposed buildings will embrace the industrial history of the area, will blend with the Resolution No. 2018-02 Page 2 of 7 32A-11 surrounding buildings and will not be materially detrimental to the public welfare or injurious to surrounding property. 4. That the granting of a variance will not adversely affect the General Plan of the City. The proposed project will not adversely affect the general plan as the proposed residential development is a permitted use in the Urban Neighborhood land use designation. In addition, the project is consistent with several goals and policies of the General Plan, including Goal 2 to promote land uses which enhance the City's economic and fiscal viability, Goal 3 to preserve and improve the character and integrity of existing neighborhoods, and Goal 5 to ensure that the impacts of development are mitigated. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15183 as it is subject to a previously prepared Environmental Impact Report (EIR). As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through an Initial Study (ER No. 2016-79). The proposed project has been reviewed through previously certified Environmental Impact Report No. 2006-12. The certified Environmental Impact Report identified a series of impacts resulting from the plan. Several mitigation measures were incorporated into the Final EIR, with the applicable mitigation measures added to the conditions of approval for this project. The analysis studies several topics, including aesthetics, land use, noise, safety, transportation and traffic. Further, the EIR studies the transition of industrially zoned and/or used land for residential purposes, such as what is proposed for this project. A determination has been made that there are no new significant impacts or any project specific significant effects peculiar to this project. Therefore, in accordance with CEQA Section 15183, no additional environmental review is required as the project is consistent with the development density established by existing zoning and General Plan policies for which the EIR was certified. The previously certified Transit Zoning Code project EIR and Mitigation Monitoring and Reporting Program is the appropriate document for the actions proposed. As a result, Categorical Exemption Environmental Review No. 2016-79 will be filed for this project. Resolution No. 2018-02 Page 3 of 7 32A-12 Section 3. The Applicant, by the submittal of a residential development project, is activating the Urban Neighborhood -2 zoning designation for the site as identified in the Transit Zoning Code and is relinquishing all rights granted by the Industrial Overlay (I -OZ) zone designation. Section 4. 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 5. The Planning Commission of the City of Santa Ana hereby approves the variance for the project subject to conditions outlined in Exhibit A, attached hereto and incorporated herein. This decision is based upon the evidence submitted at the above said hearing, which includes, but is not limited to: the Request for Planning Commission Action dated January 22, 2018, and exhibits attached thereto, and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 22th day of January, 2018 by the following vote: AYES: Commissioners: BACERRA, CONTRERAS-LEO, MENDOZA, VERINO (4) NOES: Commissioners: ALDERETE (1) ABSENT: Commissioners: NGUYEN (1) ABSTENTIONS: Commissioners: MCLOUGHLIN (1) Mark McLoughlin Chairperson APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney 32A-13 Resolution No. 2018-02 Page 4 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-02 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 22, 2018. Date: Recording Secretary City of Santa Ana 32A-14 Resolution No. 2018-02 Page 5 of 7 1��1r:3�ira Conditions of Approval for Variance No. 2017-09 Should the Planning Commission approve Variance No. 2017-09 the approval is 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 variance. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance. Failure to comply with each and every condition may result in the revocation of the variance. A. Planning Division All proposed improvements must conform to the Site Plan Review approval of DP No. 2016-06 and the staff report exhibits. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. Landscaping, once installed, shall be maintained per the approved landscape plan. 4. The site occupant shall be responsible for maintaining the premises free from graffiti, including the side of the buildings adjacent to the railroad tracks. All graffiti shall be removed within 24 hours. 5. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture for the common area parcel. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscaped plans dated November 17, 2017. The exact specifications for these items are subject to the review and approval of the Planning Division. 6. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. Resolution No. 2018-xx Page 6 of 7 32A-15 JANUARY 22, 2018 PAGE 2OF2 7. Any and all public art installed on the project site shall remain on the site in perpetuity and cannot be removed unless approved by the Planning Manager or his or her designee. 8. The rights granted by this variance will become null and void if Zoning Ordinance Amendment No. 2017-05 (Innovative Housing/Small Lot Subdivisions) is not adopted. B. Public Works Agency 1. Comply with all conditions, comments and requirements as identified in the Public Works Agency memorandum dated January 18, 2018. Resolution No. 2018-xx Page 7 of 7 32A-16 LS 1.22.18 RESOLUTION NO. 2018-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING TENTATIVE TRACT MAP 2017-03, AS CONDITIONED, TO ALLOW THE SUBDIVISION OF THE TOM'S TRUCKS DEVELOPMENT SITE INTO 84 SINGLE-FAMILY LOTS AND 33 CONDOMINIUM LOTS AT 905 EAST SECOND STREET; 910, 927, 928 AND 1000 EAST THIRD STREET, AND 1026 EAST FOURTH STREET BE IT RESOLVED BY THE PLANNING COMMISISON 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 a Tentative Tract Map to allow the subdivision of an existing parcel into 124 lots (84 fee simple lots, 33 condominium lots and 7 open space lots) at 905 East Second Street; 910, 927, 928 and 1000 East Third Street; and 1026 East Fourth Street. B. Santa Ana Municipal Code (SAMC) Section 34-127 requires approval of a Tentative Tract Map by the Planning Commission. C. On January 22, 2018, the Planning Commission held a duly noticed public hearing on Tentative Tract Map No. 2017-03. D. The Planning Commission of the City of Santa Ana determines that the following findings, which must be established in order to approve this Tentative Tract Map pursuant to Santa Ana Municipal Code Section 34- 127 and the State Subdivision Map Act, have been established for Tentative Tract Map No. 2017-03: 1. The proposed project, as conditioned, and its design and improvements are consistent with the Urban Neighborhood (UN) designation of the General Plan and are otherwise consistent with all other Elements of the General Plan. The proposed subdivision, Tentative Tract Map No. 2017-03 (County Map No. 18032), will be consistent with the General Plan land use designation and density prescribed and all other elements of the General Plan. Land Use Element Policy No. 1.4 promotes the maintenance and fostering of a variety of residential land uses in the City. Further, Housing Element Policy HE -2.4 encourages projects that facilitate diverse types, prices and sizes of housing Resolution No. 2018-01 Page 1 of 8 32A-17 LS 1.22.18 and Policy HE -2.6 supports projects that provide an affordable component within eligible ownership housing projects. 2. The proposed project, as conditioned, conforms to all applicable requirements of the zoning and subdivision codes as well as other applicable City ordinances. The proposed subdivision conforms to the requirements and intent of the provisions of the State of California Subdivision Map Act. Further, the map is in keeping with the Site Plan Review (Development Project No. 2016-6) and Chapter 34 and 41 of the Santa Ana Municipal Code. Covenants, Conditions and Restrictions (CC&Rs) are required for the project, which need to be approved by the City prior to City Council approval of the final map. 3. The project site is physically suitable for the type and density of the proposed project. There are no physical constraints on the site that would preclude development. The proposed site consists of approximately 6.14 acres of land and is physically suitable for the proposed small lot residential development, where lots will range in size from 2,000 square feet to 2,500 square feet. Access to the site will be from several streets, including Second Street, Third Street, Garfield Street and Standard Avenue. 4. The design and improvements of the proposed project will not cause substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. An environmental impact report (EIR) was prepared for the Transit Zoning Code project in 2010 pursuant to the California Environment Quality Act. The project site is located in an urbanized area, and there are no known fish or wildlife populations existing on the project site. Therefore, the proposed subdivision will not cause any substantial environmental damage or substantially and avoidably injure fish and wildlife or their habitat. 5. The design or improvements of the proposed project will not cause serious public health problems. The proposed subdivision will not have any detrimental effects upon the general public. The short-term and long-term impacts identified in the environmental impact report noted that impacts can and will be mitigated to a level of less than significant through the adoption and implementation of specific mitigation measures. Resolution No. 2018-01 Page 2 of 8 32A-18 LS 1.22.18 6. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project. The design or improvements of the proposed project will not conflict with easements necessary for public access through or use of the property within the proposed project since there are no public access easements or any other easements located within this property. Section 2. In accordance with the California Environmental Quality Act the recommended action is exempt for further review per Section 15183 as it was subject to a previously prepared Environmental Impact Report (EIR). As part of the City's permitting process, the proposed project is required to undergo an environmental review in accordance with the California Environmental Quality Act (CEQA). In accordance with CEQA, the recommended actions have been reviewed through an Initial Study (ER No. 2016-79). The proposed project has been reviewed through previously certified Environmental Impact Report No. 2006-12. The certified EIR identified a series of impacts resulting from the plan. Several mitigation measures were incorporated into the Final EIR, with the applicable mitigation measures added to the conditions of approval for this project. The analysis studies several topics, including aesthetics, land use, noise, safety, transportation and traffic. Further, the EIR studies the transition of industrially zoned and/or used land for residential purposes, such as what is proposed for this project. A determination has been made that there are no new significant impacts or any project specific significant effects peculiar to this project. Therefore, in accordance with CEQA 15183, no additional environmental review is required as the project is consistent with the development density established by existing zoning and General Plan policies for which the EIR was certified. The previously certified Transit Zoning Code project EIR and Mitigation Monitoring and Reporting Program is the appropriate document for the actions proposed. As a result, Categorical Exemption Environmental Review No. 2016- 79 will be filed for this project. Section 3. The Applicant, by the submittal of a residential development project, is activating the Urban Neighborhood -2 zoning designation for the site as identified in the Transit Zoning Code and is relinquishing all rights granted by the Industrial Overlay (I -OZ) zone designation. Section 4. 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. Resolution No. 2018-01 Page 3 of 8 32A-19 LS 1.22.18 Section 5. The Planning Commission of the City of Santa Ana after conducting the public hearing hereby approves Tentative Tract Map No. 2017-03, as conditioned as set forth in Exhibit A attached hereto and incorporated herein by reference, for the properties located at 905 East Second Street; 910, 927, 928 and 1000 East Third Street and 1026 East Fourth Street. 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 January 22, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 22nd day of January, 2018. AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney BACERRA, CONTRERAS-LEO, MCLOUGHLIN, MENDOZA, VERINO (5) ALDERETE (1) NGUYEN (1) Mark McLoughlin Chairman, Planning Commission CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL, Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-01 to be the original resolution adopted by the Planning Commission of the City of Santa Ana on January 22, 2018. Date: Recording Secretary City of Santa Ana 32A-20 Resolution No, 2018-01 Page 4 of 8 LS 1.22.18 EXHIBIT A Conditions of Approval Tentative Tract Map No. 2017-03 (County Map No. 18032) 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 below prior to exercising the rights conferred by this tentative tract map. The Applicant must remain in compliance with all conditions listed below throughout the life of the tentative tract map. Failure to comply with each and every condition may result in the revocation of the tentative tract map. A. Planning Division 1. Comply with all conditions and requirements from the Development Review Committee (DRC) for the development project (DP No. 2016-6). 2. The Covenants, Conditions and Restrictions (CC&Rs) for this project must be reviewed and approved prior to approval of the final tract map. 3. All real estate signage must be removed from the site within one (1) year from the date of installation. An extension of time may be granted as determined by the Planning Manager. 4. The final map must be approved and recorded prior to issuance of building permits. 5. The final map and all improvements required to be made or installed by the subdivider must be in accordance with the design standards and specifications of the Santa Ana Municipal Code and the requirements of the State Subdivision Map Act. 6. Development within the area of the map is subject to development and permit fees in effect at the time of permit issuance. 7. Development within the area of the map is subject to design and development standards in effect at the time of permit issuance. 8. Two copies of the recorded final map and CC&Rs shall be submitted each to the Planning Division, Fire Authority, Building Division, and Public Works Agency within 10 days of recordation. Resolution No. 2018-01 Page 5 of 8 32A-21 LS 1.22.18 JANUARY 22, 2018 PAGE 2 OF 4 9. A detailed landscape plan must be reviewed and approved prior to issuance of any building permits. In addition to the landscaping palette, the plan shall include details on the hardscape design, lighting concepts and outdoor furniture for the common area parcel. At a minimum, the project shall incorporate the amount and size of landscaping as shown on the preliminary landscaped plans dated November 17, 2017. The exact specifications for these items are subject to the review and approval of the Planning Division. 10. After project occupancy, landscaping is to be maintained to include the minimum level of plant materials installed at the time of occupancy as required by the approved plans. 11. Any and all public art installed on the project site shall remain on the site in perpetuity and cannot be removed unless approved by the Planning Manager or his or her designee. 12. The rights granted by this tentative tract map will become null and void if Zoning Ordinance Amendment No. 2017-05 (Innovative Housing/Small Lot Subdivisions) is not adopted. B. Public Works Agency 1. Submit a final tentative map that addresses all requirements per Article V, Sec. 34-122 of the Santa Ana Municipal Code. 2. Depict and note on the tentative map a statement of the improvements and public utilities proposed to be made or installed; and a tabulation showing the lineal feet and sizes of sewer mains, number of sewer laterals, lineal feet and sizes of water mains, number of water services, lineal feet of curb and gutter, lineal feet of sidewalk, number of curb returns, and square feet of AC pavement. 3. On the tentative plan, identify clearly sites for sale, rent, condo and single family (Comply with the City of Santa Ana Municipal Code Sec. 34-56) if they meet the code requirements. 4. For all lots not fronting Public Street, they must comply with the City of Santa Ana Municipal Code Sec. 34-165. — Private Streets standards and the City of Santa Ana Standard plan 1102 A "Private Streets". Resolution No. 2018-01 Page 6 of 8 32A-22 LS 1.22.18 JANUARY 22, 2018 PAGE 3OF4 5. Revise the tentative map to depict minimum 10' clearance on either side of proposed and/or existing public water, sewer and storm drain mains. 6. Revise the tentative plan to depict and note dedication of Standard Street to be of ultimate width of 64 feet. Add a note to the tentative map to read "The Applicant must submit an application to abandon the entire width of Breeden Street between Third Street and Fourth Street, and Third Street between Standard Avenue and Breeden Street." Add a note on the tentative map to read "Construction/installation/repair of all the improvements required for this project will be constructed at the sole expense of the applicant as outlined in the mitigation measures from EIR, water study and the DP No. 2016-06. All improvements shall be in accordance with City design standards and specifications, the Santa Ana Municipal Code." Add a note on the tentative map to read "This project will process and record CC&Rs for the maintenance and cost sharing responsibility the future common utility facilities serving this site, including but not limited to private water, fire, irrigation, sewer, drainage, etc." 10. Revise the tentative map to depict and note all recommended mitigations per the approved Site Traffic Impact Analysis (TIA). 11. Revise the tentative map to depict and note all recommended mitigations per the approved run-off study. 12. Revise the tentative map to depict and note the construction of new wheel chair ramps with landing per City Standard No. 1122 at all public and private street corners. 13. Revise the tentative map to depict and note the construction of all existing, proposed, public and private street fronting and within the project site with full depth rubberized asphalt pavement per City standards and approved street improvement plans. 14. Add a note to the tentative map to read "Install 24" Box Street trees every 35' per the City Standards and approved plan, as needed per the City Standards and the approved street improvement plans. Resolution No. 2018-01 Page 7 of 8 32A-23 LS 1,22.18 JANUARY 22, 2018 PAGE 4 OF 4 15. Add a note to the tentative map to read "Construct Street lights every 125 feet per transit zoning code, City Standards and approved plan, as needed per the City Standards and the approved street improvement plans." 16. Revise the tentative tract map to add a note that the entire width of all proposed private drives within this site to be dedicated to the City of Santa Ana as a "Non -Exclusive Easement for vehicular access, access rights in, over, across, upon and through said tract for the purpose of maintaining, servicing, repairing, replacing and reading the public water meters within said tract." 17. Revise the tentative tract map to depict and note construction of new 6" private waterlines within the all private drives, as a private water system, upon direct connection to the City public water mains in 4t', Garfield, 2"d and Standard Streets, and via 6" reduced pressure back flow preventers. 18. Revise the tentative tract map to depict construction of new 8" private sewer mains and 4" sewer laterals within all private drives, to connect the proposed project to the City public sewer system in Standard Avenue, and 3rd Street, for its sewer discharge needs. 19. Revise the tentative map to depict and note the conversion of all existing overhead utility lines and power poles along the property frontages to underground facilities. 20. Revise the tentative map to add note "Street tree removal within the public right-of-way is subject to approval by the Environmental and Transportation Advisory Committee (ETAC). 21. Revise the tentative map to add the note "This site will be designed and constructed in accordance with the California Regional Water Quality Control Board Santa Ana Region Order No. R8-2009-0030 discharge requirements (MS4 Permit). 22. Explore the feasibility of creating a permit parking district for the public streets adjacent to the project site (Added by the Planning Commission on January 22, 2018). 23. Consider installing speed bumps or similar traffic calming measures on Standard Avenue (Added by the Planning Commission on January 22, 2018). Resolution No. 2018-01 Page 8 of 8 32A-24 i mnrenin C) £� bbl S:ii&i[ mm Pmmirm Alk rintiMr,,crrl? d hitp). apps.spauctlonfdas4i6u�aPdi0�R;7�7Gup'dnt0ui1 VA 2017-9/TTM 2017-3 TOM'S TRUCKS RESIDENTIAL. 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F 32A-45 0 A�j «» v \�`�V 32A-48 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: A RESOLUTION AUTHORIZING RETIRED POLICE OFFICER SAUNDERS TO PURCHASE A RETIRED SANTA ANA POLICE K-9 {STRATEGIC PLAN GOAL NO. 1, 3A} RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1S1 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Adopt a resolution authorizing the purchase agreement between retired Santa Ana Police Officer Saunders and the City of Santa Ana for the sale of a retired Santa Ana Police K-9. 2. Authorize the City Manager and Clerk agreement with retired Santa Ana Police Police K-9 in the amount of $1, subject Attorney and City Manager. DISCUSSION of the Council to execute the attached purchase Officer Saunders for the sale of a retired Santa Ana to non -substantive changes approved by the City On February 7, 2018, Officer Randy Saunders, after serving for 26 years, retired from the Santa Ana Police Department after being assigned to the K-9 Unit. His assigned canine, Renzo, is ten years old, the average retirement age for police service dogs. At Renzo's age, it would be impractical to reassign Renzo to a new canine handler to attend the Basic Handlers Course before being put back in service. During their assignment as a K-9 team, Renzo has lived with Officer Saunders for over seven years. As Renzo retires, Officer Saunders wishes to purchase Renzo for the standard fee of $1. Officer Saunders will assume ownership and full responsibility for the care, maintenance, food, housing, medical and any other expenses that arise out of Officer Saunders' ownership of Renzo. It is recommended that the agreement between Retired Officer Saunders and the City of Santa Ana be approved. 55A-1 Resolution and Agreement for Police Department K-9 February 20, 2018 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #1 Community Safety - Objective #3 (Promote fiscal accountability to ensure financial responsibility at all levels of the organization), Strategy A (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 forthis agreement will be deposited into the Police Department's FY 2017-18 miscellaneous reimbursement revenue account (no. 01114002 57402). Dav' in Acting Chief of Police Santa Ana Police Department Exhibits: 1. Resolution 2. Agreement APPROVED AS TO FUNDS AND ACCOUNTS: Francisco Gutierrez Executive Director Finance and Management Services Agency 55A-2 Exhibit 1 RESOLUTION NO. 2018-xxx TB 1.16.18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING THE AGREEMENT BETWEEN POLICE OFFICER SAUNDERS AND THE CITY OF SANTA ANA RELATING TO THE PURCHASE OF A POLICE K-9 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 herebyfinds, determines and declares as follows: A. WHEREAS, Officer Randy Saunders ("Officer") is a police officer with the City of Santa Ana and is assigned to the Canine Unit as a K-9 officer; and B. WHEREAS, the City assigned a dog named Renzo to be used in the K-9 program and assigned to Officer; and C. WHEREAS, Renzo has served the department for several years as a police service dog; and D. WHEREAS, Renzo is 10 years old, a normal retirement age for police service dogs; and E. WHEREAS, Officer has requested permission to purchase Renzo; and F. WHEREAS, the City is agreeable to selling Renzo to Officer due to their relationship. Section 2. The City has declared Renzo to be surplus property and due to the nature of officer's relationship with Renzo, the City Council authorizes the City Manager to enter into an Agreement with officer on behalf of the City to sell Renzo for $1 under terms and conditions acceptable to the City Attorney. Section 3. If any surcharge or fee, section, subsection, sentence, clause, phrase or word of this Resolution is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution. The City Council hereby declares that it would have passed and adopted this Resolution, and each and all provisions hereof, irrespective of the fact that one or more provisions may be declared invalid. Resolution 2018-xxx Page 1 of 2 55A-3 Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of January, 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carval o, City Attorney By: Ta ara Bogosian Assistant City Attorney AYES: Councilme 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 2018-xxx Page 2 of 2 Clerk of the Council City of Santa Ana 55A-4 Exhibit 2 PURCHASE AGREEMENT THIS PURCHASE AGREEMENT, made and entered into this 20th day of February, 2018 by and between Officer Randy Saunders ("Officer") 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. Officer is a member of the Santa Ana Police Department and was assigned to the K9 Unit as a K9 Handler. B. Officer was, in conjunction with his assignment as a K9 Handler, given the care, custody, and control of a police dog named "Reno" (Dog). C: Dog has been specially trained to assist officers in law enforcement tasks to respond to commands issued specifically by the Officer. D. Dog is 10 years old, a normal retirement age for police service dogs. Based upon his age and current physical condition, it would be impractical to reassign Dog to a new canine handler to attend Basic handlers Course before being put back in service. E. Dog is considered "surplus" property and the Director of Finance has agreed to sell Dog to Officer for the sum of $1.00. F. Officer wishes to adopt and purchase Dog. It is the City's intent to sell Dog to Officer subject to the conditions specified in this agreement. 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. City hereby sells Dog to Officer for the sum of $1.00, payable at the time this contract is executed. Officer shall be the owner of the Dog upon execution of this contract and payment of $-1,00. 2. Officer agrees and hereby assumes ownership and full responsibility for the care, maintenance, food, housing, medical and any and all other expenses that result from or arise out of Officer's ownership of Dog. 3. Officer agrees that the City shall have no further responsibility of liability for Dog or Dog's care after the date of this Agreement. 4. Officer agrees to defend, indemnify and hold harmless the City and its officers, employees, representatives, and agents with respect to any loss, damage, claim, injury, or liability that arises out of, or is in any way related to, Dog or Officer's actions with Dog after the effective date of this Agreement. 1 55A-5 5. Officer gives up and waives any right he may have on behalf of himself and his heirs, assigns, and successors for any loss, injury, damage, claim, or liability arising out of or in any way related to Officer's ownership and possession of Dog. 6. This Agreements contains the entire agreements between the parties and no representations have been made by any of the parties or their representative, except as is contained herein and any representations not expressed herein are invalid and unenforceable. This agreement is valid on the effective date and may not be modified thereafter, except in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. RANDY SAUNDERS Police Officer FOR APPROVAL: DAVID VALENTIN Acting Chief of Police APPROVED AS TO FORINT: SONIA R. CARVALHO Assistant City Attorney CITY OF SANTA ANA RAUL GODINEZ II City Manager ATTEST: MARIA HUIZAR Clerk of the Council 2 55A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: ADOPT RESOLUTION AUTHORIZING PROJECT FOR THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE 2017 CLEAN TRANSPORTATION LOCAL GOVERNMENT PARTNERSHIP PROGRAM {STRATEGIC PLAN NO. 6,2) C Y MANAGER v RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Receive and file presentation on Mobile Source Air Pollution Reduction Review Committee (MSRC) 2017 Local Government Partnership Program 2. Adopt resolution as required for the MSRC 2017 Local Partnership Program: Acknowledging receipt of the presentation highlighting local air quality challenges Authorizing the proposed project requesting $365,000 in MSRC funds Confirming the City's allocation of necessary matching funds DISCUSSION In 2011, the City established a Green Facilities, Fleet and Central Stores Strategic Plan to expand the process of creating an environmentally responsible Fleet and Stores operation. The plan focuses heavily on providing and acquiring alternative fuels and alternative fuel vehicles to reduce carbon emissions and improve overall environmental conditions in the City. Since the Plan's inception, Fleet Services has purchased the following vehicles for its fleet: seven heavy duty CNG powered trucks, thirteen propane powered trucks, seven electric powered vehicles. As part of the City's efforts in continuing to meet forthcoming energy efficient and clean air standards, the Fleet division constructed a propane fueling station at the Corporate Yard. Additionally, on February 6, 2018, the City Council awarded a contract to install ten Electric vehicle charging stations throughout the City. As the City continues to move in replacing gas 5513-1 Resolution for 2017 MSRC Clean Transportation Partnership Program February 20, 2018 Page 2 and/or diesel powered vehicles with energy efficient vehicles, it will maintain its infrastructure thus supporting its fueling needs. In 2016, the South Coast Air Quality Management District (AQMD) developed a formal Air Quality Management Plan (AQMP) to achieve mandated reductions in smog -forming pollutants. As a means to "jumpstart" the awareness of the plan and begin implementation, the Mobile Source Air Pollution Reduction Review Committee developed a new Local Government Partnership Program to provide cities and counties non-competitive funds for projects focusing on zero and near -zero emission vehicles along with essential supporting infrastructure. A requirement of this program includes a formal presentation to the governing body highlighting the air quality challenges in the South Coast region and identifying the mandatory air pollution reductions that are needed by 2023. As part of the Local Government Partnership program from MSRC, the City of Santa Ana is eligible to receive approximately $400,000 in funding from MSRC. Eligible expenses within this program include the following: • Light-duty Zero Emission Purchases or Leases • Medium and Heavy-duty Zero Emission Vehicle Purchases • Near -Zero Emission Heavy Duty Alternative Fuel Vehicle Purchases • Electric Vehicle Charging Infrastructure • Alternative Fuel Infrastructure Upon review of existing City Fleet and Infrastructure needs, staff identified $365,000 in eligible cost and is proposing the following project for submittal to MSRC: • Electric Vehicle Charging Infrastructure o Project: Purchase and installation of six dual EV charging stations ($135,000) ■ 2 stations at Central Stores for City Pool Car use ■ 2 stations at Downtown Structure — 300 E. 5th station at Downtown Structure — 310 N. Birch Station at Downtown Structure — 420 N. Main The charging stations to be installed Downtown were requested by local business owners and will enhance the EV infrastructure in the Downtown area Light-duty Zero Emission Purchases or Leases o Purchase of six Chevrolet Bolt Electric Vehicles ($240,000) ■ 4 vehicles assigned to City-wide Car Pool at Central Stores ■ 2 vehicles assigned to Planning and Building Agency to replace Nissan Leafs whose lease expires soon ■ All vehicles will include "wraps" to advertise EV usage These six vehicles begin the implementation of purchasing new Electric Vehicles to replace older sedans. 55B-2 Resolution for 2017 MSRC Clean Transportation Partnership Program February 20, 2018 Page 3 Near -Zero Emission Heavy Duty Alternative Fuel Vehicle Purchases o Purchase of nine (9) Near -Zero CNG engines in upcoming replacements of heavy- duty Water Department vehicles over the next two Fiscal Years ($2,355,000) ■ 5 Replacement vehicles assigned to Water Department ■ 4 Replacement Vehicles assigned to Sewer Division ■ These nine vehicles have been identified for replacement by PWA and Fleet staff due to the vehicle age, high maintenance costs, and the mandate from AQMD to eliminate old diesel fueled vehicles from its fleet. These vehicles will be replaced over the next two years and used for sewer and water maintenance and production operations. The MSRC Local Partnership Program does require City matching funds. Existing AB2766 AQMD Subvention funds are available to cover the match requirement for the EV charging stations and electric vehicle purchases. The matching requirement for the purchase of the nine heavy-duty Near -Zero engine vehicles will come from planned vehicle replacements by the Water and Sewer Department over the next two years. The attached preliminary budget details the exact match for each purchase. Upon final review and acceptance from MSRC, a final agreement will be negotiated between SCAQMD and the City. Staff will bring this agreement to City Council for final approval summer of 2018. STRATEGIC PLAN ALIGNMENT Approval of this item assists the City's effort to meet Goal #6 Community Facilities & Infrastructure, Objective #2, (address deferred maintenance on City buildings and equipment). FISCAL IMPACT There is no fiscal impact associated with this Council request. AS TO FUNDS AND ACCOUNTS: I-ranclsco vutierrez Executive Director Finance and Management Services Agency Exhibits: 1. Resolution 2. Presentation 55B-3 55B-4 EXHIBIT 1 LAR 2.20.1 B RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING PARTICIPATION IN THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE 2017 LOCAL GOVERNMENT PARTNERSHIP PROGRAM, DELEGATING AUTHORITY TO THE CITY MANAGER TO SIGN ANY DOCUMENTS NECESSARY FOR PARTICIPATION IN THE 2017 LOCAL GOVERNMENT PARTNERSHIP PROGRAM, ACKNOWLEDGING RECEIPT OF THE MOBILE SOURCE AIR POLLUTION REDUCTION REVIEW COMMITTEE PRESENTATION, AND AUTHORIZING THE PAYMENT OF MATCHING FUNDS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1: The City Council hereby finds, determines and declares as follows: A. On September 1, 2017 the Mobile Source Air Pollution Reduction Review Committee ("MSRC") announced a 2017 Local Government Partnership Program which is a funding partnership with Cities and Counties to "jumpstart" implementation of the Southern California Air Quality Management District's ("SCAQMD") 2016 Air Quality Management Plan. B. This program emphasizes an accelerated transition to zero or near - zero vehicles along with essential supporting infrastructure. The purpose of the 2017 Local Government Partnership Program is to partner with cities and counties that already participate in the AB 2766 Subvention Program through the AQMD and to offer MSRC Clean Transportation Funding, also known as AB 2766 Discretionary Funding, as a means to leverage both funds to implement 2016 Air Quality Management Plan ("AQMP") measures. The 2016 AQMP is the regional blueprint for achieving the federal air quality standards for healthful air. C. Through the 2017 Local Government Partnership Program, it is anticipated that MSRC will fund $365,000 of the City's proposed project. D. The Partnership Program will also require that the City contribute matching funds and it is the express desire of the MSRC that participating cities and counties use -to the maximum extent possible -their AB 2677 Subvention Funds as a match to MSRC funds. E. The City proposes to use funding available through the 2017 Local Government Partnership Program to assist in the purchase of two (2) electric vehicle charging stations at the City Yard, four (4) electric vehicle charging stations in downtown parking structures, six (6) Chevy Bolt electric vehicles, one (1) near zero heavy duty truck- jetter vacuum, one (1) near zero heavy duty truck -hydro excavator, one (1) near zero heavy duty truck -concrete truck, one (I ) near zero heavy duty truck -large sewer utility truck, one (1) near zero heavy duty truck -crane truck, one (1) near zero heavy duty truck - bobtail dump truck, and one (1) near zero heavy duty truck -10 wheel dump truck, one (1) Resolution 2018 -XXX Page 1 of 3 55B-5 near zero heavy duty truck -knuckle crane truck; and one (1) near zero heavy duty truck - service truck. Section 2: The City Council hereby acknowledges receipt of the MSRC-supplied presentation for the 2017 Local Government Partnership Program by City staff. Participation in the Local Government Partnership Program requires acknowledgement of the. MSRC-supplied presentation.. MSRC wants to use this opportunity as a means to educate local governments on MSRC's mission, the SCAQMD's 2016 AQMP and its air quality improvement measures, and to increase awareness of other sources of incentive funding available to leverage AB 2766 funds and local jurisdictions' general funds to further and more rapidly implement the SCAQMD's clean air roadmap. Section 3: The City Council hereby finds, determines and declares that the Council authorizes the City of Santa Ana's proposed project under the 2017 Local Government Partnership Program with the AQMD and MSRC. The proposed project consists of the purchase two (2) electric vehicle charging stations at the City Yard, four (4) electric vehicle charging stations in downtown parking structures, six (6) Chevy Bolt electric vehicles, one (1) near zero heavy duty truck-jetter vacuum, one (1) near zero heavy duty truck -hydro excavator, one (1) near zero heavy .duty truck -concrete truck, one (1) near zero heavy duty truck -large sewer utility truck, one (1) near zero heavy duty truck -crane truck, one (1) near zero heavy duty truck -bobtail dump truck, and one (1) near zero heavy duty truck - 10 wheel dump truck, one (1) near zero heavy duty truck -knuckle' crane truck, and one (1) near zero heavy duty truck -service truck. Section 4: The City Council hereby finds, determines and declares that the City of Santa Ana will.allocate a total of $2,375,000 in matching funds consisting of $245;000 in AB 2766 funds and $2,130,000 in other City funds as designated in the attached proposed budget identified as Exhibit"A." Section 5: The City Council hereby finds, determines and declares that it delegates authority to the City Manager to execute any documents that may be necessary to participate in the 2017 Local Government Partnership Program offered by MSRC. Section 6: This Resolution shall be operative immediately upon adoption by the City Council, and the Clerk of Council shall attest to and certify the vote adopting this Resolution. ADOPTED this day of February, 2018. Resolution 2018 -XXX Page 2 of 3 Miguel A. Pulido Mayor 55B-6 APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: Laura A. Rossini Senior 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. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: 55B-7 Clerk of the Council City of Santa Ana Resolution No. 2018 -XXX Page 3 of 3 Exhibit A 2017 Local Partnership Project Proposed Budget 55B-8 Local Partnership Project Electric Vehicle Charging Stations (2) - City Yard $ 35,000.00 MSRCFunding -50% $ 17,500.00 City Fund 31-AQMDsubvention -50%match $ 17,500.00 Electric Vehicle Charging Stations (4) - Downtown Parking Structures. $ 110,000,00 MSRCFunding -75% $ 82,500.00 City Fund 31-ARMDsubvention-25%match $ 27,500.00 Chevy Bolt EV (6) $ 240,000.00 MSRC Funding - $10,000 per vehicle $ 40,000.00 City Fund 31-AQMDsubvention $ 200,000.00 Near Zero Heavy Duty Truck - JetterVacuum $ 520,000.00 MSRC Funding - $25,000 $ 25,000.00 City Fund -56 (FY 17-18) $ 495,000.00 Near Zero Heavy Duty Truck - HydroExcavator $ 550,000.00 MSRC Funding - $25,000 $ .25,000.00 City Fund 60 (FY 17-18) $ 525,000.00 Near Zero Heavy Duty Truck - concrete Truck $ 100,000.00 MSRCFunding -:$25,000 $ :25,000.00 City Fund 60 (FY 17-18) $ 75,000.00 Near Zero Heavy Duty Truck - Large Sewer Utility Truck $ 200,000.00 MSRC Funding - $25,000 $ 25,000.00 City Fund -56 (FY 17-18) $ .175,000.00 Near Zero Heavy Duty Truck - Crane Truck $ .250,000.00 MSRCFunding -.$25,000 $ 25,000.00 City Fund -60 (FY 18-19)� $ 225,000.00 Near Zero Heavy Duty Truck - Bobtail Dump Truck $ 14b,000.00 MSRC Funding. -:$25,000 $ 25,000.00 City Fund -56 (FY 18-19) $ 115,000,00 Near Zero Heavy Duty Truck -10-wheel Dump Truck $ 190,000.00 MSRC Funding - $25,000 $ 25,000.00 City Fund -60 (FY 18-19) $ 165,000.00 Near Zero Heavy Duty Truck- Knuckle Crane Truck $ 230,000.00 MSRCFunding-$25,000 $ 25,000.00 (City Fund -56 (FY 18-19) - $ 205,000.00 Near Zero Heavy Duty Truck - Service Truck $ 175,000.00 MSRCFunding-$25,000 $ 25,000.00 City Fund -60 (FY 18-19) $ 150,000.00 Total Funding $ 2,740;00 1.00 MSRCfunding1 $ 365,000.00 Matching Funds -- $ 2,375,000.00 55B-9 N m 2 W pQ ; J V ::3 0 cr 0. cc O � W a c Q -0 E CL �--+ U Z •= W O z LLI O �r > 4A � a IL V -a wE a 0 Q w 2 n ( � Cj1 m v/ & G`I ■IIS Y. ;� 55B-10 55B-11 4, G� GJ •— +_+ v c0 p 4-J p N ' Ln U Q ® Ll v a° CU N z � .N w , N ,� DC Ln G'1 O Ln j ca N v rz pJ :3 4 -JN `- z 4-J (A o > i -� v p� }, v GC =3 �C LL =3 ® c�i� N V) N > N � p U _� U 49 4-J _ IL- d 4-J C i 4n ® a ® OJ 4. 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O Q Oco '� E IL = = I .� Q o-0 LoU m > L�� I O Z . > o > C: CL � EV +�+ 0 O O i U) I N LM 4-A O C: — •� O N U•V �-� O V � o 0.o � � co 55B-17 0 k 05 u MOMME N W Z 0 O O 0 O O a v H t O w L 0 m .a E O a O J M ._ LMO a O m 0 Mo O V um 55B-18 O om x W H V Q O Ma L m 2 LL Q V _. U ,e, REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: CITY OF SANTA ANA GENERAL PLAN UPDATE -STATUS REPORT (STRATEGIC PLAN NO. 3,2A) f�MANAGER 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 Receive and file City of Santa Ana General Plan Update status report. DISCUSSION Background One of the strategies identified in the Santa Ana Strategic Plan is to complete a comprehensive update of the City's General Plan including the development of policies and implementation measures that directly relate to the goal of equitable economic development. The General Plan Update was commenced in November 2015 by the City's Planning Division who conducted ah extensive community outreach program between December 2015 and July 2016. Participants included residents, local leaders, the business community, and advocacy group representatives. In addition, a summer program led by local youth focused on youth concerns. In all, over 40 public meetings or events were held with 457 people attending. The results were summarized in the Santa Ana General Plan Update Community Outreach Executive Summary that was distributed to City Council in October 2016. In January 2017, a General Plan Advisory Group (GPAG) was formed to provide recommendations to City staff regarding the vision and draft policy direction of the document. The 18 individuals invited to participate in the General Plan Advisory Group reflected our diverse community with senior, youth, business, neighborhood, and other community representatives. The General Plan Advisory Group also included members of City Boards and Commissions. After 14 meetings, the General Plan Advisory Group (GPAG) concluded its review of draft General Plan goals and policies in November 2017. An overview of GPAG meetings and discussions has been attached for your review (Exhibits 1 and 2). 65A-1 City of Santa Ana General Plan Update February 20, 2018 Page 2 In February 2017, the City of Santa Ana was awarded a Sustainability Planning Grant for $325,000 by the Southern California Association of Governments (SCAG) through a regionally competitive process. The project, Santa Ana Envisioning Sustainability Together, will help prepare a General Plan that is economically, socially and environmentally sustainable. In July 2017, the City authorized the distribution of a Request of Proposals (RFP) for planning and technical services to assist City staff with the preparation of the General Plan Update, with an emphasis on sustainability. In December 2017, the City Council approved the Memorandum of Understanding with SCAG and contract agreements for planning consultants to provide technical support. The Planning & Building Agency is continuing work on the comprehensive update of the Santa Ana General Plan. Staff has begun coordinating with the technical consultants in preparation of the draft document together with the goals and policies extracted from the General Plan Advisory Group. Similar to the initial Community Outreach effort, the draft document will offer multiple opportunities for the public to participate. Staff anticipates release of a draft document this year and pending funding of Environmental Impact Report (EIR), adoption of the comprehensive update and certification of Final EIR by 2019. STRATEGIC PLAN ALIGNMENT The General Plan Update 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 A (Complete a comprehensive update of the City's General Plan including the development of policies and implementation measures that directly relate to equitable economic development). FISCAL IMPACT There is no fiscal impact associated with this action Candida Neal, AICP Acting Executive Director Planning and Building Agency VC:rb SAFGAM-20-18\PBA Genem PlanUpdate.GG.2.20.17 EXHIBITS: 1. General Plan Advisory Group (GPAG) Representatives 2. GPAG Policy Review Summary 65A-2 Santa Ana General Plan Advisory Group (GPAG) Representatives # 1 First Nam( Barry Last Name �Organization Cottle C & C Development 2 Claudia Arellanes Downtown Business Owner 3 Ken Nguyen Planning Commission 4 Nancy Mejia Latino Health Access 5 Isaac Michaca Santa Ana Building Healthy Communities Youth 6 Kathi Davis -Bowman WisePlace 7 Tish Leon Senior Advocate - Downtown Neighborhood 8 Andrew Colquitt Alliance Development 9 lGilad Salmon Environmental and Transportation Advisory Committee 10 Marlene Buitron Youth Commission 11 Richard Chiarini Industrial Business Owner 12 Beatriz Mendoza Planning Commission 13 Peter Katz Santa Ana Communication Linkages Forum 14 Soledad Valentin Multi -Family Housing Representative 15 Laura Morfin Former - Community, Red. and Housing Commission 16 Lynette Guzman Parks and Recreation Board 17 Orin Williams Santa Ana Unified School District 18 Phil Bacerra Planning Commission City Staff Hassan Haghani Facilitator Candida Neal Facilitator Verny Carvajal Facilitator Melanie McCann Facilitator Manny Escamilla Facilitator Margarita Imacedonio Ispanish translator EXHIBIT 1 65A-3 C:\Users\vcarvajal\Desktop\G PAG. Roster General Plan Advisory Group (GPAG) GOAL/POLICY REVIEW SCHEDULE Feb 1, 2017 Project Overview Roles and Ground Rules Mar 1, 2017 Community Outreach Summary Analysis Group Exercises (2) Mar 15, 2017 Community View and General Plan Overview General Plan Components Apr 5, 2017 Crafting a Vision Statement Reporting Out May 3, 2017 Our Vision, Our Core Values General Plan Organization and Applying our Values May 17, 2017 Natural Environment Open Space and Safety June 7, 2017 Built Environment Economic Development June 21, 2017 Built Environment Mobility and Circulation July 19, 2017 Services & Infrastructure Community Facilities Safety (Emergency Services) Sept 6, 2017 Services & Infrastructure Community Facilities (Part 11) Oct 4, 2017 Built Environment Urban Design & Architecture Oct 18, 2017 Built Environment Historic Preservation Nov 15, 2017 Built Environment Land Use Noise Nov 29, 2017 Built Environment Land Use (Part 11) LWA 11=1rf_% 65A-4 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: REVIEW AND ADOPT THE 2018 STATE AND FEDERAL LEGISLATIVE PLATFORM AND RECEIVE AND FILE THE 2017 SCORECARD (STRATEGIC PLAN NOS. 1, THROUGH 7) (f' KU6 Y MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1n Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Review and adopt the 2018 State and Federal Legislative Platform; and 2. Receive and file the 2017 State and Federal Legislative Scorecard LEGISLATIVE AFAAIRS, ETHICS, TRANSPARENCY AND COMMUNICATION COUNCIL COMMITTEE ACTION At the January 31, 2018, Legislative Affairs, Ethics, Transparency and Communication Council Committee, the committee reviewed and provided feedback on the 2018 State and Federal Legislative Platform and the 2017 State and Federal Legislative Scorecard. DISCUSSION Legislative Platform The Legislative Platform is a tool to protect and promote the City's interests on priority programs and projects legislative proposals, and regulatory matters that may impact the City. The Legislative Platform includes guiding principles and policy statements that allow City staff and legislative advocates to address legislative and regulatory issues by providing a framework that summarizes the City's position on policy issues and priorities, without precluding the consideration of additional legislative and budget issues that arise during the year. The development of the 2018 State and Federal Legislative Platform included meetings with each department to compile all departmental goals that can be supplemented by legislation for the 2018 calendar year. The 2018 State and Federal Legislative Platform proposes the new year's guiding principles that focus legislative advocacy efforts on: 1) preserving local control; 2) promoting fiscal stability; 3) supporting funding opportunities; and 4) maximizing regional collaboration and cooperation. In addition, the policy statements, City programs/projects, and legislative proposals 6513-1 Review and Adopt the 2017 Federal and State Legislative Platform and 2016 Scorecard February 20, 2018 Page 2 identified within the Legislative Platform are aligned with the goals of the City's Five -Year Strategic Plan and are organized based on state and federal legislative priorities. State and federal lobbyists provided recommendations in collaboration with staff to set City priorities in the 2018 Legislative Platform, which include, but are not limited to: Police Officer Body Cameras, Homeless Assistance, Medical Marijuana Legislation, Safe Mobility, Veterans Assistance, Immigration Reform, Parks, Library, Santa Ana Zoo, Affordable Housing, Economic Development Initiatives, Enhanced Infrastructure Financing Districts, Transportation Infrastructure Funding, Santa Ana Water Conservancy, OC Streetcar, Santa Ana Regional Transportation Center, Grade Separations, Open Data Platform, Digital Divide, and other legislative matters. Legislative Scorecard The 2017 State and Federal Legislative Scorecard summarizes the many accomplishments and progress achieved throughout the 2017 calendar year. Each department outlined the completion of projects, grant funds acquired, and/or development attained. Further, state and federal lobbyists provided updates on pertinent legislation that occurred in 2017 as it relates to the Legislative Scorecard. Recognizing the need to actively engage in legislative advocacy, the Legislative Scorecard helps strengthen the City's ability to articulate, influence, and monitor its progress on these and other policy and priority issues. The proposed 2018 State and Federal Legislative Platform and 2017 State and Federal Legislative Scorecard were prepared by staff in conjunction and reviewed by the Legislative Affairs, Ethics and Transparency Council Committee at the Regular Meeting held on January 31, 2018. 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: 1) Community Safety; 2) Youth, Education, Recreation; 3) Economic Development; 4) City Financial Stability; 5) Community Health, Livability, Engagement and Sustainability; 6) Community Facilities and Infrastructure; and 7) Team Santa Ana. FISCAL IMPACT There is no fiscal impact associated with this action EXHIBITS: 1. City of Santa Ana State and Federal Legislative Platform 2018 2. City of Santa Ana State and Federal Legislative Scorecard 2017 65B-2 CITY OF SANTA ANA 2018 STATE & FEDERAL LEGISLATIVE PLATFORM CITY OF SANTA ANA 2017 FEDERAL AND STATE LEGISLATIVE PLATFORM SANTA ANA CITY COUNCIL Mayor Miguel Pulido Mayor Pro Tem Michele Martinez Ward 2 Councilmember Vicente Sarmiento Ward 1 Councilmember Jose Solorio Ward 3 T. m r A L Councilmember David Benavides Ward 4 Councilmember Juan Villegas Ward S Councilmember Sal Tinajero Ward 6 City of Santa Ana Guidelines for Legislative Positions The Legislative Platform (Platform) is intended to provide a streamlined process through which the City Council, City Manager, staff and the City's legislative advocates can act in a timely manner in response to legislative proposals. The Platform also provides an opportunity to identify specific priority areas of interest for the City and region that would benefit the community. The Platform is adopted annually at the beginning of the legislative year. The Platform is developed and maintained using legislative positions taken by the City Council, input from the City Council and staff, research of current law and pending legislation, and discussions with local legislative staff in consultation with the City's legislative advocates. State and federal legislation that is identified to be consistent with the Platform will allow staff to circulate a letter outlining the City's position, which will include one of the following positions: support, support if amended, neutral, or watch. Legislation inconsistent with the Platform shall include one of the following positions: opposed, opposed unless amended, neutral, or watch. Legislation that is consistent with the Legislative Platform will be reviewed, approved and signed by the Mayor, Mayor Pro Tem, or City Manager. In addition, legislative positions that are deemed time -sensitive and are consistent with the Legislative Platform may be signed and approved by the City Manager. Once approved, the position letter will be sent to the bill's author, the City's legislative advocate, and other stakeholders as deemed appropriate by staff. A copy of the letter(s) will be distributed to the City Council. Legislation that is inconsistent or silent in the City s Platform may be placed on an agenda for consideration by the City Council. The City Manager may also provide a letter of concern or interest without taking a formal position on a piece of legislation, upon concurrence for Legislative Affairs, Ethics Transparency, and Communication Council Committee for the City of Santa Ana. L• _P ; LEGISLATIVE POSITIONS TO CONSIDER Support - A support position indicates to the corresponding legislature, regulatory agencies, and other stakeholders that the City of Santa Ana is supportive. A support position may include the following resources: position letters, councilmember testimony to committees, and meetings or phone calls with members of the legislature and/or regulatory agency. Support if Amended - A support if amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders that the City of Santa Ana will be supportive if the requested changes are adopted. A support if amended position may include the following resources: position letters, councilmember testimony to committees, and meetings and phone calls with members of the legislature and/or regulatory agency. Neutral - A neutral position indicates to the corresponding legislature, regulatory agencies, and other stakeholders that the legislation in question does not have an impact on the residents of Santa Ana. Oppose - An oppose position indicates to the corresponding legislature, regulatory agency, and other stakeholders that the City of Santa Ana will oppose the legislation unless the requested changes are adopted. An oppose position may include the following resources: position letters, councilmember testimony to committees, and meetings and phone calls with members of the legislature and/or regulatory agency. Oppose Unless Amended - An oppose unless amended position indicates to the corresponding legislature, regulatory agencies, and other stakeholders that the City of Santa Ana will oppose the legislation unless the requested changes are adopted. An oppose unless amended position may include the following resources: position letters, councilmember testimony to committees, and meetings and phone calls with members of the legislature and/or regulatory agency. Watch - A watch position indicates to the legislature and other stakeholders that the City of Santa Ana is dedicating resources to monitoring the legislation. GUIDING PRINCIPLES The following information includes the Guiding Principles for the City of Santa Ana. The Guiding Principles shall serve to provide direction for all issues that the City is facing. I. PRESERVE LOCAL CONTROL Preserve and protect the City's charter powers, duties and prerogatives to enact legislation and policy direction concerning local affairs, and oppose legislation that preempts local authority. II. PROMOTE FISCAL STABILITY Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve the City's revenue base and local control over local government budgeting. Oppose measures that make cities more dependent on the County, State or Federal Governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits. Oppose measures that shift local funds to the County, State or Federal Governments, without offsetting benefits. III. SUPPORT FUNDING OPPORTUNITIES Support opportunities that allow the City to compete for its fair share of regional, state and federal funding, and that maintain funding streams. Opportunities may include competitive grant and funding programs. Opportunities could also include dedicated funding streams at the regional, state and federal levels that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. IV. REGIONAL COLLABORATION AND COOPERATION Leverage the City's ability to preserve local control, promote fiscal stability, and support funding opportunities through collaboration with municipalities, local government agencies, special districts, regional government agencies / organizations and local, state and federal elected representatives. ow- 2018 LEGISLATIVE PRIORITIES The City of Santa Ana is the 11th largest city in the State of California and the 4th most - dense city in the United States. The City of Santa Ana is a diverse community dedicated to maximizing resources and improving the quality of life for over 342,000 residents. To help achieve this initiative, the City Council adopts an annual Legislative Platform to streamline the ability to take a position on legislation that may impact the City. The Legislative Platform is a tool to promote and protect the City's interests on priority issues and legislative matters at the State and Federal level. The priorities and initiatives below allow City staff and legislative advocates to address legislative and regulatory issues in a timely manner, without precluding the consideration of additional legislative and budget issues that arise during the year. This Platform supplements previously adopted governing documents of the City of Santa Ana. The City Council for the City of Santa Ana is actively seeking solutions to the pressing issues facing the community. For 2018, the City Council will focus on the following issues: Homelessness II. Homeownership III. Opportunity Zone Designation IV. Innovation V. Digital Divide VI. Organizational Cyber Security LEGISLATIVE PLATFORM Community Safety A safe and secure community is essential to the quality of life and economic success of the City of Santa Ana. The City is committed to a high level of public safety and partnering with the community to maintain a safe and secure city. COMMUNITY ORIENTED POLICING INITIATIVE SUMMARY DEPARTMENT STATE/FEDERAL Police Officer Support legislation that increases Police State Ratio funding for cities to increase the Department police officer to community ratio. Body Camera Support and advocate for legislation Police State/Federal Program that helps the city acquire funding for Department a one-to-one ratio for body cameras, and body camera memory storage. Enhance Public Support State and Federal legislation Police State/Federal Trust that increases funding for initiatives Department that promote public trust and promote law enforcement community engagement strategies. Police Career Support legislation that increases Police State/Federal Pathway funding for cities to promote a Department program that encourages local youth to pursue a career with their local police department. Community and Economic Development The City will work to encourage businesses to locate and invest in our community to bolster our local economy. The City of Santa Ana will work aggressively to facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods. ECONOMIC DEVELOPMENT INITIATIVE SUMMARY DEPARTMENT STATE/FEDERAL Medical and Support legislation and regulatory Planning and State/Federal Recreational actions that maintain local control, Building Agency, Cannabis considers health and safety Police requirements, provides for community Department, education opportunities, and increases and City assistance and funding to municipalities Manager's that have adopted ordinances related Office to cannabis. Oppose the Department of Justice's decision to rescind the Cole memo and increase federal prosecution of legalized marijuana use. Business and Collaborate with the Governor's Office Community State Economic of Business and Economic Development Development Development on initiatives that provide financial Agency assistance to businesses looking to locate or expand in Santa Ana. Use of Bond Support the creation or revision of Community State Proceeds legislation that will allow cities to obtain Development and full release of 2011 bond proceeds. Agency Foster Support investment of the Recycling Community State Development of Market Development Zone program Development Green that creates jobs, reduces greenhouse Agency Businesses gas emissions, and diverts waste from landfills through the City's designation and participation in the Orange County Recycling Market Development Zone. Tax -Exempt Advocate for legislation that supports Finance and State/Federal Municipal Bonds tax-exempt municipal bonds that Management improve and expand City infrastructure. Services Agency m. ' Prevent Advocate for legislation that supports Planning and State/Federal Deferred technological advancement for cities to Building Agency financial or policy support to local Maintenance ensure timely and thorough building governments that work to address Agency and code enforcement inspections that issues surrounding homelessness. can help alleviate deferred Affordable Support legislation that provides Community maintenance. Housing funding to address the lack of Sustainable Advocate for State and Federal funding Planning and State/Federal Development for planning, outreach, and education Building Agency that seeks to limit local control over to support sustainable development. affordable housing decisions. HOUSING DEVELOPMENT INITIATIVE SUMMARY DEPARTMENT STATE/FEDERAL Homelessness Support legislation that provides Community State/Federal financial or policy support to local Development governments that work to address Agency issues surrounding homelessness. Affordable Support legislation that provides Community State/Federal Housing funding to address the lack of Development affordable housing. Oppose legislation Agency that seeks to limit local control over affordable housing decisions. Housing First Support legislation that expands Community Federal Program funding for the Housing First model to Development provide permanent housing for Agency individuals that are homeless. and Orange County Fire Authority Housing Choice Support passage of FY 2018 Community Federal Program Access appropriations bill with full funding for Development the Housing Choice Voucher Program Agency and the program's administrative fees. HOME Seek to protect the HOME Investment Community Federal Investment Partnerships Program from funding Development Partnership cuts to help expand affordable Agency Program housing, increase jobs, and provide public services. 6641 Tax Credits Work alongside NAHRO and the Community Federal Community ACTION campaign to establish a Development the Workforce Innovation and Development permanent 4 percent credit rate for Agency Opportunity Act (WIOA) to enable the Agency allocated acquisition credits, and raise City to continue to invest in workforce the overall annual housing credit education and training, and job search allocation to states. Support legislation assistance. to expand and improve the affordable Apprenticeship Support legislation that provides Community housing credit program. Training apprenticeships, skills training and WORKFORCE DEVELOPMENT INITIATIVE SUMMARY DEPARTMENT STATE/FEDERAL WIOA Funding Support and advocate for funding for Community Federal the Workforce Innovation and Development Opportunity Act (WIOA) to enable the Agency City to continue to invest in workforce education and training, and job search assistance. Apprenticeship Support legislation that provides Community State/Federal Training apprenticeships, skills training and Development other workforce development Agency opportunities. Skills Gap Support legislation that promotes Community State/Federal industry training and employment Development opportunities forjob seekers which Agency will help them achieve a livable wage. Community Health, Livability and Sustainability The City of Santa Ana has a direct effect on the community's overall quality of life. A vibrant community is full of energy and life, characterized by investment in its people, culture and physical environment. TECHNOLOGICALENHANCEMENTS� INITIATIVE SUMMARY DEPARTMENT STATE/FEDERAL Control of City Support legislation that maintains City Manager's State/Federal Assets local control over municipal assets Office pedestrian and bicycle activities, in the deployment of next enforcement of traffic safety, and generation technological and infrastructure improvements. infrastructure. Information Reduction of Explore State and Federal grant Public Works Agency Technology Agency Traffic Fatalities Digital Divide Support and advocate for Public Works Agency State/Federal traffic fatalities. legislation that helps cities close and the gap in the digital divide. Information Technology Agency Expand Consumer Support and advocate for Public Works Agency State/Federal Options for legislation that assists with the and Internet Access development of a fiber optics program that increases consumer Information options for internet access and Technology Agency ensures that the city's local authority is preserved in the expansion of wireless programs. Transition to Explore State and Federal grant Public Works Agency State/Federal Smart City programs that can help the City transition into a Smart City. ( SAFE MOBILITY SANTA ANA (SMSA) INITIATIVE SUMMARY DEPARTMENT STATE/FEDERAL Pedestrian & Advocate for legislation that Public Works Agency State/Federal Bicycle Safety increases funding for safe pedestrian and bicycle activities, and enforcement of traffic safety, and Police Department infrastructure improvements. Reduction of Explore State and Federal grant Public Works Agency State/Federal Traffic Fatalities programs that can help reduce traffic fatalities. W Non -Motorized Support legislation and grant Public Works Agency State/Federal Transportation programs that increase funding for representatives to preserve CDBG Development Agency cities that are promoting a funding for Santa Ana to ensure reduction of greenhouse gases the development of Capital park through the development of projects, social service programs, alternative methods of and parks/recreation programs. transportation. Park Bonds Support legislation that SMSA Program Advocate for $40 million dollars to Public Works Agency State/Federal and Community complete the Safe Mobility pending voter approval on the Services Agency Program in Santa Ana. June 2018 ballot. Carpool Support legislation and grant Public Works Agency State/Federal Initiatives programs that fund carpooling Development representatives for increased and Community options such as buses, trains, and funding for parks within the City. Services Agency street cars. Science Support legislation and grant PARKS AND RECREATIONAL PROGRAMS INITIATIVE SUMMARY DEPARTMENT STATE/FEDERAL CDBG Funds Collaborate with Federal Community Federal representatives to preserve CDBG Development Agency funding for Santa Ana to ensure the development of Capital park projects, social service programs, and parks/recreation programs. Park Bonds Support legislation that Parks, Recreation State appropriates SB 5 bond funding, and Community pending voter approval on the Services Agency June 2018 ballot. Park Collaborate with State Parks, Recreation State Development representatives for increased and Community funding for parks within the City. Services Agency Science Support legislation and grant Parks, Recreation State Education programs that increase funding and Community for education on climate -change, Services Agency eco -systems, and zoology, with the assistance of local zoos. Zrr , Library Collaborate with State and Parks, Recreation State/Federal Development Federal representatives to help and Community legislation that recognizes the acquire funding to enhance Services Agency liberty and equal rights of all current libraries and establish an individuals regardless of E -Library presence. immigration status. Youth Support legislation and grant Parks, Recreation State/Federal Prevention programs that have the potential and Community reform that provides sensible and Programs to reduce criminal involvement Services Agency effective solutions to secure our and provide intervention borders, promote economic and development, and ensure programs. stronger communities. Police Department Explore State and Federal SANCTUARY CITY INITIATIVE SUMMARY DEPARTMENT STATE/FEDERAL Immigrant Support State and Federal City Manager's Office State/Federal Rights legislation that recognizes the liberty and equal rights of all individuals regardless of immigration status. Immigration Support Federal immigration City Manager's Office Federal Reform reform that provides sensible and effective solutions to secure our borders, promote economic development, and ensure stronger communities. Naturalization Explore State and Federal City Manager's Office State Ceremonies legislation that recognizes and provides funding to Cities who host citizenship related events. 6�r_Mw45 Communication and Engagement Community engagement strengthens the community, promotes informed participation, improves city decision making, and increases trust in government The following initiatives would support the City of Santa Ana to further engage and inform the community of Santa Ana. OUTREACH AND ENGAGEMENT STRATEGIES INITIATIVE SUMMARY DEPARTMENT STATE/FEDERAL Voter Education Support legislation and grant Clerk of the Council State and Engagement programs that provide assistance to cities seeking to increase voter turnout and civic engagement. National Voter Support legislation that creates a Clerk of the Council State/Federal Information National Voter Information database that can help alleviate duplicate voter information. Open Data Support legislation and grant Clerk of the Council State/Federal programs that foster the and development of Open Data software. Information Technology Agency Ensure Accurate Support Federal legislation and City Manager's Office Federal Census 2020 funding to fully fund the 2020 Census and provide the necessary resources required to achieve a fair and accurate census, especially among hard -to -count populations. Oppose the US Department of Justice's request to add a new untested question relating to an individual's citizenship status, adding to fears that the census submission could further lead to potentially serious undercount. Team Santa Ana The City continues to face an increasing demand for services and works diligently to fulfill the needs of the community. As an organization, the City continues to develop innovative and efficient methods to deliver services. Continued success in this regard will depend on State and Federal support in the following initiatives. ORGANIZATIONAL HEALTH INITIATIVE SUMMARY DEPARTMENT STATE/FEDERAL Cyber Security Support and advocate for Information State/Federal legislation that supports a Technology Agency centralized cyber security management system. Employee Support legislation that maintains Personnel Services State/Federal Health healthcare rates at an affordable Agency and/or market rate value to provide employees with beneficial health coverage. Employee Safety Support and advocate for Personnel Services State/Federal legislation that promotes the Agency safety of employees. Pension Reform Support legislation that preserves Personnel Services State/Federal local authority in designing Agency retirement formulas for employees. M- • CITY OF SANTA ANA FEDERAL AND STATE LEGISLATIVE PLATFORM 2017 SCORECARD 20 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 999146 (714) 647-6954 CITY OF SANTA ANA 2017 FEDERAL AND STATE LEGISLATIVE PLATFORM SANTA ANA CITY COUNCIL Mayor Miguel Pulido Mayor Pro Tem Michele Martinez Ward 2 Councilmember Vicente Sarmiento Ward 1 Councilmember Jose Solorio Ward 3 20 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 647-6900 1 Fax: (714) 647-6954 66Bw20 Councilmember David Benavides Ward 4 Councilmember Juan Villegas Ward 5 Councilmember Sal Tinajero Ward 6 TABLE OF CONTENTS INTRODUCTION........................................................................................................................................1 GUIDING PRINCIPLES................................................................................................................................1 GOAL 1: COMMUNITY SAFETY...................................................................................................................2 BodyCameras / COPS Funding....................................................................................................................2 Homelessness..............................................................................................................................................2 Medical/Recreation Marijuana....................................................................................................................3 Gangs...........................................................................................................................................................5 DomesticViolence.......................................................................................................................................5 SafeMobility................................................................................................................................................5 Veterans....................................................................................................................................................... 6 ImmigrationReform....................................................................................................................................6 GOAL 2: YOUTH, EDUCATION, RECREATION..............................................................................................7 Parks............................................................................................................................................................7 Library..........................................................................................................................................................8 SantaAna Zoo..............................................................................................................................................8 GOAL 3: ECONOMIC DEVELOPMENT.........................................................................................................8 AffordableHousing......................................................................................................................................8 Recycling Market Development Zone (RMDZ)..........................................................................................10 ReducingImpediments to Business...........................................................................................................10 EconomicDevelopment Initiatives............................................................................................................10 GoodsMovement and Mobility.................................................................................................................10 Enhanced Infrastructure Financing Districts..............................................................................................10 Housing Authority/Section 8 Voucher Program........................................................................................11 Workforce Innovation and Opportunity Act..............................................................................................11 U.S. Department of Housing and Urban Development— Reauthorization ...............................................11 GOAL 4: CITY FINANCIAL STABILITY........................................................................................................12 Transportation Infrastructure Funding......................................................................................................12 Preserve Tax -Exempt Municipal Bonds.....................................................................................................13 RenewableEnergy Grants..........................................................................................................................13 o y c i 2017 LEGISLATIVE PLATFORM ReceivershipActions..................................................................................................................................13 GOAL 5: COMMUNITY HEALTH, LIVABILITY, ENGAGEMENT & SUSTAINABILITY ........................................14 Water Conservation and Water Supply Reliability....................................................................................14 Health........................................................................................................................................................15 Mobility......................................................................................................................................................15 ResidentialGroup Homes..........................................................................................................................16 SustainableDevelopment..........................................................................................................................16 Engagement...............................................................................................................................................16 GOAL 6: COMMUNITY FACILITIES & INFRASTRUCTURE............................................................................17 O.C. Streetcar.............................................................................................................................................17 Santa Ana Regional Transportation Center...............................................................................................18 First/Last Mile Connections to Santa Ana Regional Transportation Center..............................................19 GradeSeparations.....................................................................................................................................19 Automated Meter Infrastructure...............................................................................................................20 ReplacementWater Wells.........................................................................................................................20 RecycledWater System Master Plan.........................................................................................................21 BristolStreet..............................................................................................................................................21 AltonParkway............................................................................................................................................22 GrandAvenue............................................................................................................................................22 WarnerAvenue..........................................................................................................................................23 FairviewBridge..........................................................................................................................................23 GOAL7: TEAM SANTA ANA.................................................................................................................... 24 Transparencyand Engagement.................................................................................................................24 OpenData / Public Records.......................................................................................................................24 Technology................................................................................................................................................. 24 LegislativeAgenda.....................................................................................................................................25 20 Civic Center Plaza, Santa Ana, CA 92701 Phone: (714) 647-6900 1 Fax: (714) 647-6954 2017 LEGISLATIVE PLATFORM INTRODUCTION The Legislative Platform is a tool to protect and promote the City's interests on priority issues and legislative/regulatory matters that may impact the City. The Guiding Principles and Policy Statements below allow City staff and legislative advocates to address 2017 calendar year legislative and regulatory issues in a timely and directed manner, without precluding the consideration of additional legislative and budget issues that arise during the year. This Platform supplements other City Council established policies reflected in other plans and policy documents and is consistent with the goals of the City's Strategic Plan. GUIDING PRINCIPLES I. PRESERVE LOCAL CONTROL Preserve and protect the City's charter powers, duties and prerogatives to enact legislation and policy direction concerning local affairs, and oppose legislation that preempts local authority. Local agencies should preserve and enhance authority and accountability for revenues 'raised and services provided. H. PROMOTE FISCAL STABILITY Support measures that promote fiscal stability, predictability, and financial independence. Support measures that preserve the City's revenue base and local control over local government budgeting. Oppose measures that make cities more dependent on the County, State or Federal Governments for financial stability, such as mandated costs with no guarantee of local reimbursement or offsetting benefits. Oppose measures that shift local funds to the County, State or Federal Governments, without offsetting benefits. III. SUPPORT FUNDING OPPORTUNITIES Support opportunities that allow the City to compete for its fair share of regional, state and federal funding, and that maintain funding streams. Opportunities may include competitive grant and funding programs. Opportunities could also include dedicated funding streams at the regional, state and federal levels that allow the City to maximize local revenues, offset and leverage capital expenditures, and maintain City goals and standards. IV. REGIONAL COLLABORATION AND COOPERATION Leverage the City's ability to preserve local control, promote fiscal stability, and support funding opportunities through collaboration with municipalities, local government agencies, special districts, regional government agencies / organizations and local, state and federal elected representatives. Share the City's Legislative Platform and municipal projects / programs with regional government agencies and local, state, and federal elected representatives to seek their support. Note: Items are ordered within each goal to align City of Santa Ana priorities with Federal and State priorities. CITY OF SANTA ANA 65&23 2017 LEGISLATIVE PLATFORM GOAL 1: COMMUNITY SAFETY A safe and secure community is essential to the quality of life and economic success for the City of Santa Ana. The City is committed to a high level of public safety and working in partnership with the community to maintain a safe and secure City. Body Cameras / COPS Funding (Police Department) Support legislation which continuously provides funding for local police agencies to operate body worn camera programs. Seek grant opportunities to fund the evaluation of the police department's body worn camera program. Seek to sustain the Community Oriented Policing Services (COPS) and juvenile justice programs. (PD) The Police Department received no COPS Office funding in 2017, however continued to utilize federal COPS Office funding to further Community Oriented Policing goals. COPS funding has continued to allow SAPD to address trust issues between the community and the agency. The department received no grant funding for body worn cameras however through the use of asset seizure funds was able to provide a body worn camera solution to all deployed field units. With no prior mandatory monitoring of police and community interactions, the SAPD launched the Body Worn Camera Program (BWC) in September 2017 to all front line police officers. The SAPD BWC Program policy and implementation platform has become a model for police agencies across the State, with local and regional agencies conducting site visits of our framework. (HK) We continued to showcase the City's initiatives to demonstrate the value of the COPS program and sought federal funding for the evaluation of the Police Department's body worn camera program. Also supported continuation of the juvenile justice and second chance programs. (HK) Additionally, the Santa Ana -Anaheim regions received over $5 million in Urban Area Security Initiative (UASI) grant for third consecutive year. Homelessness (Community Development Agency) At the Federal level, incentivize and reward Public Housing Authorities for allocating Housing Choice Voucher Program resources to reduce homelessness. At the State level, seek changes to the Tax Credit Allocation Committee Qualified Allocation Plan under the scoring and selection policies, to more effectively incentivize developers to build more permanent supportive housing. • Increase permanent housing options linked to a range of supportive services • Improve access to emergency shelter and rapid rehousing opportunities • Improve data systems to centralize and coordinate information on homeless individuals • Develop systems and organizational structures to connect homeless individuals with employment-related supportive services. (CDA) Supported and advocated for legislation to increase funding for affordable and permanent supportive housing. (CDA) Collaborated with the County of Orange and local cities to seek a regional solution to reduce homelessness. (CDA) Held a Regional Convening on Homelessness to engage leaders and elected officials across Orange County to work together CIT/ OF SANTA ANA 2 6344 2017 LEGISLATIVE PLATFORM toward practical, long-term solutions to reduce homelessness. (CDA) Awarded 131 project -based vouchers for the development of two new permanent supportive housing projects that are currently in the pipeline including a 75 -unit project for homeless veterans and a 56 -unit project for chronically homeless individuals. (CDA) Adopted a comprehensive Homeless Prevention, Intervention and Mitigation Plan and hired a Homeless Services Manager. (CDA/CAO/CMO/PRCSA/SAPD) Added a new section to the Santa Ana Municipal Code related to the storage of property and provision of services in the Civic Center. (CDA) Created an Inter -Departmental Committee to improve the coordination of homeless outreach, enforcement and services in the City. (CDA) The City met all requirements to continue to receive funding from the U.S. Department of Housing and Urban Development for the Emergency Solutions Grant Program. (CDA/TPA) Submitted two public comment letters to inform the California Department of Housing and Community Development's No Place Like Home (NPLH) Draft Guidelines in order to expand available funding through the NPLH Program for developing permanent supportive housing for homeless individuals and families. (TPA) Advocated in support of AB 346 (Daly) which would allow local jurisdictions to contribute Low and Moderate Income Housing Asset funding towards projects that help with homeless and rapid rehousing. The bill passed the Legislature and was signed by the Governor. (TPA) TPA worked with various stakeholders to advocate for the inclusion of funding to address homelessness as part of the affordable housing package. As a result of efforts, SB 2 (Atkins) contains funding for 2018-19 to assist local governments in addressing issues related to homelessness. (HK) We set up follow-up meetings with the US Department of Housing and Urban Development, the Veterans Administration and the City's House and Senate delegation to discuss the City's initiatives and the importance of maintaining funding for the HOME program and veteran homelessness. Another concern is the White House Administration's efforts to cut back on these successful safety net programs. Medical/Recreation Marijuana (Planning and Building Agency / Police Department/ Finance and Management Services Agency) Support legislation which maintains local control, considers critical health and safety requirements, provides for community education opportunities, and increases assistance and/or funding opportunities to municipalities that have adopted medical marijuana regulations to support enforcement of adopted operational standards. In addition, increase assistance and collaboration from state and federal agencies in investigating marijuana operations that are found to be associated with international drug trafficking organizations and engage in money laundering activities. Monitor the implementation of Proposition 64, California Marijuana Legalization Initiative, which makes it legal for individuals to use and grow marijuana for personal use. CITY OF SANTA ANA 3 658.46 2017 LEGISLATIVE PLATFORM (PD) SAPD continued to implement the City's Measure BB initiative, which allowed for medical marijuana dispensaries to lawfully operate in the city. The Department aggressively reacted to illegal dispensaries by partnering with code enforcement to utilize traditional law enforcement efforts, and the strategic use of legal receiverships to close most illegal dispensaries. (PBA) Kept pace with a burgeoning industry and new State regulations by adopting a commercial cannabis ordinance that allows the safe operation of cannabis retail businesses with the goal of issuing permits for adult -use retail sales in 2018. (PBA) Continued to allow the operation of commercial cannabis retail businesses for medicinal sales. (PBA) Generated revenues to mitigate impacts from new cannabis businesses to ensure safe operation of commercial cannabis businesses and to compensate for City services to regulate and monitor the industry. (PBA) Monitored developments at the State level for implementation of Proposition 64, California Marijuana Legalization Initiative. (PD/PBA) In 2017, the City shut down 40 illegal dispensaries and identified 14 illegal dispensaries that continue to be the focus of the Task Force enforcement efforts. (PD/PBA) In collaboration with the Planning and Building Agency, the Santa Ana Police Department issued 18 Regulatory Safety Permits related to Measure BB with an additional two in process. (CAO/PBA) In collaboration with the City Attorney's Office, the Planning and Building Agency continues to use a variety of enforcement options to shut down illegal marijuana dispensaries. This includes expanded the use of the inspection/ abatement warrant process, authorizing the installation of metal security doors and window coverings to prevent anyone from re-entering and re -occupying closed dispensary sites. (TPA) Worked closely with the Legislature, Governor's Office, and various state agencies to ensure that local control was protected as the State considered various legislative and regulatory proposals. TPA provided regular updates to the City regarding various aspects of regulations that were being considered by the State, as well as providing State regulators with feedback on potential impacts to the City. (HK) In light of the Department of Justice's memorandum on marijuana enforcement and rescission of the Cole memo, it is important that we continue to monitor federal developments that may impact City and state regulation. It should also be noted that a bipartisan bill, known as the Compassionate Access Act, was re- introduced that would remove cannabidiol (CDB) from the Controlled Substances Act so that physicians — with state approval of its use — could prescribe such treatment, as in the case of epilepsy, cancer or glaucoma. (HK) The Fiscal Year 2017 Commercial, Justice, and Sciences Appropriations bill includes the Rohrabacher-Blumenauer Amendment, which prohibits the Justice Department from spending funds to interfere with the implementation of state medical cannabis laws. We have worked in close coordination with key local government associations to protect this provision. CIN OF SANTA ANA 4 6;6 2017 LEGISLATIVE PLATFORM Ganes (Police Department) Support grant funding that focuses on the gang prevention and supports gang enforcement. Support legislation or initiatives that would maintain or seek to increase funding for the Edward Byrne Justice Grant (JAG) program. (PD) The Santa Ana Police Department continues to be the recipient of JAG Byrne grant funding. During 2017, the gang unit seized 111 firearms off the streets (a 27% increase from 2016 to 2017, and the highest recorded seizure rate since 2005) utilizing, in part, this funding to provide seven day per week coverage. Funding has also allowed Gang Detectives to focus efforts on specific areas based on community complaints and intelligence. This hot -spot policing has allowed for more effective and efficient use of resources. (HK) In the Department of Justice, grant opportunities are available to support local efforts to address high levels of youth -related gun crime and violence. The City supports continued funding from Congress to maintain these programs. Domestic Violence (Police Department) Support legislation that increases the efficiency and effectiveness, and enhances the safety of domestic violence victims. Safe Mobility (Police Department and Public Works Agency) Increase local funding for infrastructure and programs that increase traffic and pedestrian safety in support of the City's Strategic Plan. Continue to seektraffic safetygrants and support increased funding for California Office of Traffic Safety grants. The City is actively seeking funding to expand the installation and construction of safety infrastructure to protect pedestrians and bicyclists from motor vehicles on arterial and collector roadway corridors city-wide. The City has the fourth highest population density in the nation, and pedestrian and bicycle volumes are the highest in Orange County, and one of the highest in California. As a result, the City has one of the highest incidences of pedestrian and bicycle fatality and accident rates in California. New funding would prepare projects for "shovel ready" delivery. Updated polices will be adopted to ensure all newly rehabilitated infrastructure meets new safety standards. Updated design standards will include new curb and roadway alignments that will elevate the priority of pedestrian and bicycle use on city streets, and will emphasize shared use of the public rights-of- way. Programs related to traffic and pedestrian safety, and enforcement and education are included. The estimated cost to construct the immediate and near term city-wide phases of safe mobility initiatives is approximately $16 million. (TPA) Advocated in support of SB 760 (Weiner) which would provide funding for projects that prioritize complete streets and consider bicycle and pedestrian friendly features. The measure is a two-year bill that is currently awaiting a vote on the Senate Floor. Advocate for passage of AB 342 (Chiu), which would authorize the Cities of San Jose and San Francisco to implement a 5 -year pilot program utilizing automated speed enforcement system for speed limit enforcement on certain streets, and explore opportunities to authorize the City of Santa Ana to implement a similar program. The CITY OF SANTA ANA 5 65 31827 2017 LEGISLATIVE PLATFORM pilot programs authorized by this legislation may demonstrate new ways to reduce excessive speeding, reduce the number of vehicle collisions, and provide added safety to our streets for bicyclists and pedestrians. (TPA) Communicated the City's support and interest in the program with Assembly Member Chiu's office. Discussed steps that would need to be taken for the Assembly Member to add the City of Santa Ana to the bill; however, the bill failed to make it out of the Assembly Transportation Committee. Veterans (Community Development Agency) At the State and Federal level seek increased fundingto ensure veterans have adequate access to job training, employment opportunities, affordable housing, and mental health services in a dignified manner that honors their service and commitment to our country. (CDA) Awarded seventy-five (75) U.S. Department of Housing and Urban Development Veterans Affairs Supportive Housing Project - Based Vouchers to develop permanent supportive housing for homeless veterans. (CDA) Issued Housing Choice Vouchers to eligible U.S. Military Veterans who were pulled off of the top of the Housing Choice Voucher Program Waiting List as the highest priority applicants. (CDA) Attended a veteran services fair to market information on housing assistance resources available through the Housing Choice Voucher Program. (HK) As part of our coalition advocacy efforts to reverse housing cuts in the Administration's budget, we have formed a Mayors -CEOs housing investment coalition to expand competitive funding opportunities for innovative housing ideas and wrap-around services. We are working closely with the City's delegation to demonstrate the impact on the City's homeless veterans and ensure HUD/VA funds are sustained and not redirected for other purposes. In FY '17, the VA Secretary sought to redirect a portion of Veteran Affairs Supportive Housing (VASH) voucher funding for other priorities. We successfully opposed this effort and the VA Secretary has agreed to maintain VASH voucher funding. Immigration Reform (City Manager's Office) Recognizing the liberty and civil rights of all individuals regardless of national origin or immigration status, and to protect the well-being and safety of all people residing in our community, the City supports comprehensive federal immigration reform that provides sensible and effective solutions that, while ensuring for border security, provide for legalization and a pathway to citizenship, sustain economic strength, and promote stronger communities and family reunification. The City also supports state legislation that limits state and local law enforcement agencies involvement in immigration enforcement and ensures that eligible individuals are able to seek services from state agencies without regard to their immigration status. (CMO) In January 2017 the City approved an ordinance declaring the City of Santa Ana a sanctuary for all its residents, regardless of their immigration status and outlined various policies and procedures concerning immigrant status and enforcement of federal civil immigration laws. (CMO) In July 2017, the Santa Ana City Council appropriated $65,000 for legal defense fund to CITY OF SANTA ANA 6 65&28 2017 LEGISLATIVE PLATFORM support removal defense for detained immigrants and contracted with the Vera Institute of Justice to establish universal representation in Santa Ana. (TPA) The City of Santa Ana supported Senate Bill 6 (Hueso), which would provide funding for Universal Legal Representation for Immigrants in California. The provisions of the bill were ultimately incorporated into the State Budget that was signed by the Governor. (TPA) The City of Santa Ana supported SB 54 (De Leon) which limits the involvement of state and local law enforcement agencies in federal immigration enforcement. The City was one of the primary witnesses when the measure was heard in Senate policy committee. The bill was ultimately approved by the Legislature and signed by the Governor. (HK) The City has taken a strong leadership role as a sanctuary city in fighting for immigrant rights, protections for DACA students including a pathway to citizenship, and keeping families together. We have helped City officials to connect with both Senators and House representative and Judiciary Committee counsel. This extensive effort has provided valuable information and analysis on devastating impact of the Administration's "safe communities" enforcement policy; the state of play on protecting DACA students, particularly the Bridge Act; and legislative efforts to penalize sanctuary cities. In addition, HK helped draft the cities sanctuary city resolution. GOAL 2: YOUTH, EDUCATION, RECREATION Santa Ana enjoys a young, vibrant population. The City is committed to working with other youth -oriented organizations to make a full range of opportunities available so our children and young adults can achieve success in their lives. Parks (Parks,'Recreation and Community Services Agency) Work with local state representatives to support a proposed State park bond and ensure that funding is included that will be available to the City for park development and maintenance, as well as adding a program forjoint-use funding. (PRCSA) The Assembly and Senate approved issuance of the SB 5 Park Bond and the Governor signed the bill into law on October 151h. The bond will be placed on the June 2018 Statewide ballot and only needs passage by a simple majority of the voters. In June 2017, the City received a $1 Million grant from the State's Department of Parks and Recreation to support a new synthetic soccer field at Santa Anita Park. In June 2017, the City received a $518,109 forthe State's Housing Related Park program. (TPA) Supported both SB 5 (De Leon) and AB 18 (Garcia), each of which proposed to place a park bond on the June 2018 ballot. SB 5 was ultimately approved by the Legislature and signed by the Governor. TPA worked with the author, the City's legislative delegation, and numerous stakeholders to include funding and provisions in the bill that may be beneficial to the City. This includes $16 million for the Santa Ana River Conservancy, per capita parks funding, and CITY OF SANTA ANA 6Im UM&N 2017 LEGISLATIVE PLATFORM funding for nature education facilities, such as the Santa Ana Zoo. Library (Parks, Recreation and Community Services Agency) Advocate funding to address and support bridging the digital divide; adding art and culture exhibits at public libraries to engage the community to read, learn and appreciate art and culture; advancing early literacy; workforce development for youth; increasing library programming forteens; and programs to support the effectiveness of teen counselors and teachers. The Santa Ana Public Library was awarded a one- time $495,000 federal grant from the National Institute for Museum and Library Services for the Memories of Migration Program. The Memories of Migration program provides youth apprenticeship opportunities for Santa Ana's young adults. (HK) With the award of the Institute of Museum and Library Services grant, we think it is important to highlight this program with the Director of the Smithsonian's Latino Center in DC; and investigate possible program and funding connections. It may be helpful to add this possible Smithsonian connection to the City's DC trip. Seekjoint-use and other funding opportunities to enhance the scope and reach of the Roosevelt - Walker e -Library. The "Biblio Tech" leverages technology tools to help the public access library resources. Collaborate with state and federal representatives to identify literacy program funding for collaborative efforts between the Library and the Santa Ana Unified School District. Continue to pursue the goal of providing a Santa Ana Public Library card to every SAUSD student. Collaborate with state and federal representatives to identify opportunities to add a new Public Library in the south part of Santa Ana. (PRCSA) The Library was awarded a $25,000 grant to pilot a "Ready to Code" program for Santa Ana youth. This award was made by the American Library Association (ALA) and its sponsor, Google. Santa Ana Zoo (Parks, Recreation and Community Services Agency) Work with state and federal representatives to identify funding for climate change education to be provided at the Santa Ana Zoo. Collaborate with local and state representatives to identify funding for water conservation education to be provided at the Santa Ana Zoo. GOAL 3: ECONOMIC DEVELOPMENT Robust successful businesses bring jobs and opportunity to the City and provide tax revenues for public services that benefit the entire community. The City of Santa Ana will work aggressively to encourage businesses to locate and invest in our community, providing good jobs, reducing unemployment and bolstering our City's tax base. Affordable Housing (Community Development Agency) At the Federal level, maintain or seek to increase funding for the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG) Program, and the Housing Choice Voucher Program; support measures to CITY OF SANTA ANA 8 60 2017 LEGISLATIVE PLATFORM expand HUD's Promise Zone Program; oppose legislation that would cut or reduce federal funding to Sanctuary cities. In addition, support efforts to expand the Low Income Housing Tax Credit (LIHTC) program and ensure that any federal tax reform efforts do not negatively impact LIHTC. At the State level, seek a permanent source of funding for affordable housing programs, as well as increased funding for the Low -Income Housing Tax Credit Program, Affordable Housing and Sustainable Communities Program and Veterans Housing and Homelessness Prevention Program. (HK) HK worked to protect HOME, CDBG, ESG and the Housing Choice Voucher program in FY '17 appropriations and continues to advocate for these programs in the FY '18 omnibus package. As Congress considered tax reform, there was an effort to eliminate private activity bonds (PABs), which would have decimated the 4% Low Income Housing Tax Credit (LIHTC) program. Working with a coalition of local government groups, we were able to ensure that PABs were maintained in the final tax reform package. In addition, we have worked with the City to support S. 548, the Affordable Housing Credit Expansion Act. (CDA) Approved an award of $8,522,740 for the development of a 69 -unit affordable housing project. (CDA) Approved an award of $6,000,000 for the development of a 51 -unit affordable housing project. (CDA) Executed two loan agreements in the total amount of $7,494,760 for the development of a 57 -unit affordable housing project. (CDA) Awarded $504,550 in HOME CHDO funds to an eligible CHDO. (CDA) To support homeownership, the City administered a Down Payment Assistance Program for first-time homebuyers with funding from the Community Development Block Grant (CDBG) Program. A total of 141 applications were distributed and four were received for this program. The City also provided a quarterly workshop for interested applicants in the community. (CDA) To improve the City's housing stock, the City administered Residential Rehabilitation Programs for single-family homes, mobile homes, historic homes and multi -family properties. For the Single -Family Home Rehabilitation Program, a total of 52 applications were distributed, eight were received, and one application was approved for this program. From applications that were approved a total of three (3) single-family homes were repaired through the City's program in 2017. For the Mobile Home Rehabilitation Program, a total of 47 applications were distributed, seven were received, and one application was approved for this program. The rehabilitation of two units was completed in 2017. (CDA) Construction was completed on a new 70 - Unit affordable rental housing development made possible by a City investment of $2 million dollars and eight (8) Project Based Vouchers. (TPA) Worked with the City, the City's legislative delegation, and numerous stakeholders on the affordable housing bill package. The Legislature ultimately approved over a dozen measures to deal with various aspects of affordable housing. TPA worked to ensure that the City would receive a direct allocation of funding through SB 2 (Atkins), which provides a permanent source of affordable housing funding. CITY OF SANTA ANA 9 6541 2017 LEGISLATIVE PLATFORM TPA also worked with numerous stakeholders to reduce the impact of certain affordable housing bills, such as SB 34 (Weiner) that aimed to reduce local control over affordable housing decisions. Recycling Market Development Zone (RMDZ) (Community Development Agency/Public Works Agency) Support continued funding for the Recycling Market Development Zone Program which incentivizes local green businesses, creates jobs, increases the use of locally collected recyclables, reduces greenhouse gas emissions and diverts waste from landfills through the City's designation and participation in the Orange County Recycling Market Development Zone. (CDA) The City continues to support and market the Recycling Market Development Zone Program as an economic incentive for manufacturing companies that produce products in the green business industry. Reducing Impediments to Business (Community Development Agency) Support legislation that reduces the cost of doing business in California and the City of Santa Ana. Support efforts to remove barriers, decrease unnecessary burden and regulations and assist in the streamlining of starting up a business in the City. (CDA) The City continues to evaluate legislation that negatively impact businesses in the City of Santa Ana. Economic Development Initiatives (Community Development Agency) Collaborate with the Governor's Office of Business and Economic Development in support of ongoing economic initiatives and programs that provide direct technical and financial assistance to businesses looking to locate or expand in the City of Santa Ana. Programs such as California Competes Tax Credit, Sales and Use Tax Exemption, New Employment Hiring Tax Credit, Industrial Development Bonds, and the Employment Training Panel. (CDA) The City worked with the Governor's Office of Business and Economic Development to offer State incentives for the City's joint proposal with the City of Garden Grove to attract Amazon's 2nd headquarters. Incentives such as the California Competes Tax Credit were highlighted as part of this incentive package. Goods Movement and Mobility (Public Works Agency) Legislation is sought which values the economic development from improved goods movement and mobility to core Santa Ana industries. Goods movement would be enhanced by improving roadway infrastructure in and around the city's industrial centers estimated to cost in the cost range of $15 Million. (PWA) The recent formation of a public-private partnership, which has led to a 50-50 effort to deliver roadway improvements valued at $5 million in and around the Warner Industrial Center Park. The property owners in that industrial park agreed to self -assess to pay for half of the cost of reconstructing the public street improvements in their park. The partnership was formed in 2016, and the improvements will be completed by early 2018. Enhanced Infrastructure Financing Districts (Community Development Agency) Support legislation to improve, promote or fund Enhanced Infrastructure Financing Districts to issue bonds to fund infrastructure projects such CIN OF SANTA ANA 10 6*32 2017 LEGISLATIVE PLATFORM as street improvements, highway interchanges, transit facilities, sewage treatment and water reclamation plants, low and moderate income housing, and transit priority projects, pursuant to the infrastructure financing plan and the agreement of affected taxing entities. Seek funding to plan and implement Enhanced Infrastructure Financing Districts. This will help fill a gap following the dissolution of redevelopment agencies. (CDA) The City continues to evaluate eligibility to create an Enhanced Infrastructure Financing District in strategic areas of the City as authorized by SB 628. Housing Authority/Section 8 Voucher Program (Community Development Agency) Maintain or seek to increase funding for the Family Self -Sufficiency Program. The Santa Ana Housing Authority administers the Housing Choice Voucher Program (Section 8). As part of the program, families have the opportunity to voluntarily participate in the Family Self - Sufficiency Program to become independent from housing assistance. Participation in this program reduces housing assistance costs per family for the Housing Authority and allows the agency to assist new families that are on the Waiting List. Support legislation to implement an "opt -out" model for nondisabled, nonelderly (e.g. work capable adults) Housing Choice Voucher Program participants to be automatically registered for the Family Self -Sufficiency Program (ex. Cambridge Housing Authority Rental Assistance Asset Account model). Oppose legislation that would implement a lifetime limit on the receipt of housing assistance. (CDA) Doubled the size of the Family Self - Sufficiency Program from 75 to 150 active participants. (CDA) Following a competitive grant application process, the City was successful in its application and received an award of $138,000 to administer the Family Self -Sufficiency Program for 2017. Workforce Innovation and Opportunity Act (Community Development Agency) The City will continue to work with the Congressional delegation, and the Departments of Labor, Commerce, and Education to support and implement the Workforce Innovation and Opportunity Act (WIOA) with specific attention and emphasis on opposition to reduction in funding for WIOA; support for local Workforce Boards and local control; a single set of common performance measures for adults, dislocated workers and youth programs authorized under WIOA; and continued work on alignment of all federal workforce programs in U.S. Department of Housing and Urban Development, Health and Human Services, and Department of Education. (CDA) The allocation by the State of California to Santa Ana for Adult, Dislocated and Youth programs totaled $2,377,153.00 for FY '17-'18. This represented a 12% reduction in funds over last year. U.S. Department of Housing and Urban Development — Reauthorization (Community Development Agency) Seek to maintain or increase funding the Community Development Block Grant (CDBG) Program to improve low to moderate -income neighborhoods, eliminate blight and create a stable economic base. CITY OF SANTA ANA 11 6uwN 2017 LEGISLATIVE PLATFORM (CDA) Community Development Block Grant (CDBG) funds in the amount of $5,284,239 were allocated by the U.S. Department of Housing and Urban Development (HUD) to the City of Santa Ana. The funds will be used for housing rehabilitation, residential street improvements, street and bike trail lighting, new park design, code enforcement, microenterprise business startup grants, first time homebuyer down payment assistance, and public services. (CDA) For the first time, a total of $792,635, the maximum allowable for public services, was awarded to local nonprofit organizations. These funds are used for various programs with an emphasis on crime prevention, intervention and suppression efforts for children, youth and families to improve local neighborhoods. (HK) We have been in the forefront of working with both large and medium sized cities to preserve CDBG and will continue our efforts, working closely with US Conference of Mayors, National League of Cities, League of California Cities and National Association of Counties. GOAL 4: CITY FINANCIAL STABILITY It is essential that the City maintain fiscal stability to be able to deliver high quality services. This requires an effective and transparent financial system, accurate and reliable forecasting of revenues, an enhanced tax base, and control of expenses. Transportation Infrastructure Funding (Public Works Agency) The City's Gas Tax revenue has declined precipitously in the last three years- from over $10 million in FY2013/14 to less than $7 million in the current fiscal year. The reduction in this revenue is due, in part, to the increase in the number of alternative fuel vehicles and has restricted the ability to maintain the streets. Gov. Jerry Brown's latest state budget may offer a boost California's transportation funding by raising the gas tax or some other financing plan. Additionally, legislative leaders in both the Senate and the Assembly have indicated that developing a plan for the long-term financing of transportation infrastructure is a high priority. The City of Santa Ana is keenly interested in raising and stabilizinggas tax based revenues and also establishing other transportation funding for aging public infrastructure. While there have been a number of legislative proposals, introduced in previous years, those efforts have not been successful. Santa Ana management should be kept informed of the latest legislative developments so that timely support may be provided. Support legislation that would ensure that all users of the Cities transportation system pay their fair share for the maintenance and improvement of the system. (PWA) On April 28, 2017, the Governor of California signed Senate Bill No. 1 (SB1), also known as the Road Repair and Accountability Act of 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway system and the local streets and roads system. This new revenue source will provide approximately $1.9 million the first year of funding and $5.8 million per year thereafter. This program also includes additional funding programs for other transportation needs. As the guidelines for these programs are established, City staff will look to pursue these funds to supplement existing transportation dollars. (TPA) Advocated in support of SB 1 to provide an ongoing stable source of funding for state and local transportation infrastructure. TPA worked CITY OF SANTA ANA 12 MN134 2017 LEGISLATIVE PLATFORM with the City's legislative delegation, as well as other key legislators, to highlight the potential positive impact that the measure would have on the City. Preserve Tax -Exempt Municipal Bonds (Finance and Management Services Agency) As Congress and the Administration consider tax reform, the City opposes any effort to eliminate or alter tax-exempt municipal bonds. Tax-exempt municipal bonds are critical for the City's efforts to improve and expand vital infrastructure. Ending the tax exemption would reduce the appeal of muni bonds for investors who would demand higher yields to compensate for the lost exemption, which would raise debt service costs for the City. (HK) Tax-exempt municipal bonds were preserved in the final tax reform package that passed Congress at the end of 2017. Renewable Energy Grants (Public Works Agency) Seek State of California and federal grants or already established funding streams for renewable energy opportunities for City facilities, fleet operations and citywide benefit where applicable: • Solar Energy (photovoltaic arrays) — currently seeking low or no cost opportunities as they become available for city sites • Cogeneration within Civic Center facilities • Ice Energy— previously implemented at fleet, with future consideration for other sites • Alternative fuels vehicle and infrastructure — continue to purchase alternate fuel vehicles for fleet when available. Ongoing development of Public Access CNG station at Corporation Yard, providing public sales and yielding revenue. • Cap -and -Trade funding for public buildings and infrastructure, i.e. transportation (PWA) The City of Santa Ana completed lighting retrofit projects at the Main library facility, McFadden Learning Center and Newhope Library in 2017. An HVAC retrofit project was also completed at Newhope Library. In 2017, AQMD Subvention Funds were identified and committed to purchase electric vehicles in 2018. Additionally, site design of a Public Access CNG station at the City Yard is underway. This site is estimated to be ready for public use in 2019. Receivership Actions (Planning and Building Agency) Support legislation which would amend the California Health and Safety Code regarding municipalities' use of receivership actions. Specifically, revise Section 17980.7 to make the recovery of attorney's fees unilateral, rather than to the prevailing party. Support legislation which would amend the California Health and Safety Code Section 17980.7 to allow for first priority of receiver's liens and recovery of City's attorney fees and costs from the receivership estate. Support legislation which would remove the 3 - day notice requirement and/or reduce the noticing requirement to service by certified mail. Support legislation which would clarify that unpaid administrative fines can be recovered as special assessments. (PBA) The City began utilizing new legal resources to address hazardous and unsafe properties using the receivership process. This process has identified properties with illegal marijuana CITY OF SANTA ANA 6Wa45 2017 LEGISLATIVE PLATFORM dispensaries and an apartment building with unsanitary and hazardous conditions. GOALS: COMMUNITY HEALTH, LIVABILITY, ENGAGEMENT & SUSTAINABILITY A vibrant community is full of energy and life, characterized by investment in its people, its culture, and its physical environment. Our built environment has a direct effect on the community's overall quality of life. The task of community planning includes envisioning new commercial areas and new neighborhoods that enhance quality of life, as well as improving the neighborhoods we already have in order to create a sense of place and community. Essential to a vibrant community is strong community involvement the celebration of arts and cultural diversity, and a focus on resource conservation. Water Conservation and Water Supply Reliability (Public Works Agency) The Drought has dominated much of the water headlines from 2013 to 2015. However, in 2016, for the first time in three years, water supplies available to the City's major water suppliers exceeded demands. This change caused a shift in operational priorities from drought management and storage usage to drought recovery. Conservation efforts during the drought were successful in suppressing water demand. The City exceeded the Governor's mandate to conserve all throughout the Emergency Drought Declaration. With the increase in available supplies in early 2016 water supply allocation was lifted, however, the City continued with its water conservation efforts and outreach. On February 1, 2017 the State Water Project watershed hydrology had improved to 197 percent of average to date. Many of the state's reservoirs are full or above their historic averages. Castaic Lake for example is 92% of its capacity. Under these wet conditions, with average rain of 27.81 inches statewide from October 1, 2016 to February 28, 2017 the Department of Water Resources announced a 60 percent State Water Project (SWP) allocation. With the understanding that droughts are cyclical, the City supports state and regional water supply projects and initiatives to drought proof the Southern California water supplies. The City supports the following projects/initiatives: CITY OF SANTA ANA 14 666 Bay -Delta and State Water Project Improvements: Support administrative/legislative action and federal and state funding to keep the Bay Delta Conservation Plan/California WaterFix to advance conveyance and ecosystem improvements to help achieve coequal goals of water supply reliability and Delta ecosystem protection and restoration. Regional Water Resources Management: Support administrative/legislative action to promote the development of a Regional Recycled Water Program for indirect potable reuse of recycled water as new drought proof water resource. Ground Water Replenishment System Final Expansion: Support the GWRS-Final Expansion project to augment the existing system to replenish the Orange County Groundwater Basin from 100 to 130 Million Gallons per Day. Ocean Water Desalination: Support administrative/legislative action to promote the development of fiscally responsible ocean water desalination projects as a water resource, without 2017 LEGISLATIVE PLATFORM compromising the operational, financial, water quality, regulatory and customer's interests of the City and other water agencies. Efficient Water Use: Provide incentives, funding, and other assistance where needed to facilitate water market transformation and gain wider implementation of water -efficient indoor and outdoor technologies and practices. Water Quality: Funding that helps Cities meet state and federal water quality standards. Water Infrastructure Financing: Reduce the cost of financing water infrastructure planning and construction, such as tax -credit financing, tax-exempt municipal bonds. The City will continue to monitor the activities of the State Water Resources Control Board, as well as any legislation introduced, related to long- term urban water conservation. (PWA) Due to the abundant availability of surface water and the need to use it or lose it to the ocean, in August 2017, the City partnered with the Metropolitan Water District, the Orange County Water District, and the Municipal Water District of Orange County on a cyclical storage agreement. Through this agreement, the City participates in water banking efforts where surface water is used in lieu of groundwater pumping allowing the City to use the excess surface water available today and save the groundwater for a future dry spell. The City banked over 2,000 acre-feet of water in 2017. Health (Parks, Recreation and Community Services Agency) Advocate for special grant monies for community outreach and education efforts to enhance the public awareness of preventing health issues such as obesity, diabetes, heart disease, and hypertension. (PRCSA) The California Parks and Recreation Society and its sponsors, Playcore and GameTime, awarded a $75,000 grant to the Recreation Division to purchase and install a new Healthy Play designed playground at Chepa's Park. Mobility (Public Works Agency and Parks, Recreation and Community Services Agency) A safe, well-connected network of non - motorized transportation facilities provides many benefits to the City, including increased mobility, greater access to fresh foods, enhanced viability to local businesses, and reduced traffic congestion. Support Federal, State and regional funding programs for improved bicycle and pedestrian facilities such as Active Transportation Program, Highway Safety Improvement Program, Bicycle Corridor Improvement Program, and the Compass Blueprint Program. Seek special grant monies for outreach and education efforts to enhance walking and biking safety in our town. (PRCSA) PRCSA was able to secure $853,604 of federal grant monies to fund security lights on key sections of the Pacific Electric Bike trail adjacent to Eastside and Madison Park neighborhoods. CITY OF SANTA ANA 15 6uws,37 2017 LEGISLATIVE PLATFORM (PWA) In 2017, Public Works secured advanced S61 augmentation funds in the amount of $13 million for infrastructure, the bulk of which provides improved mobility, including expanded pedestrian and bicycle improvement and related safety features. (PWA/TPA) The City of Santa Ana submitted several applications for the 2017 Active Transportation Program cycle. TPA secured letters of support for these projects from Assembly Member Daly and Senator Nguyen. The City of Santa Ana was recommended to receive funding for two of their projects through the ATP SCAG regional recommendation. The West Willits Street Protected Bicycle Lanes project and the Safe Routes to Schools Davis Elementary ADA Compliance project were awarded a total funding amount of $8,724,000. Residential Group Homes (Planning and Building Agency) To protect residential neighborhoods, support legislation which promotes local control of residential groups homes including sober living facilities. Planning staff has identified regulating residential group homes as a critical tool for protecting the City's residential neighborhoods. Staff will initiate the preparation of an ordinance that will include restrictions and/or regulations as well as development standards for group homes such as sober living facilities. (PBA) The Agency has included for the second half of the year review of options for requesting residential group homes. Sustainable Development (Planning and Building Agency) Seek special grant monies for planning, outreach and education efforts to support sustainable development. Projects may include comprehensive planning efforts, zoning and building code updates and specific planning efforts. (PBA) In February 2017, the Planning and Building Agency successfully applied for a $325,000 Southern California Association of Governments (SCAG) Sustainability Planning Grant. This grant enabled the City of Santa Ana to hire three consulting firms to ensure that the Santa Ana General Plan Update reflects economically, socially, and environmentally sustainable practices. In December 2017 these consultants began the process of studying existing land use patterns, reviewing public realm policies, conducting market analysis, and assisting with community outreach. (PBA) The City successfully applied for and received funding from the Southern California Air Quality Management District to fund technical studies for the Metro East Mixed Use Overlay District expansion project, which will extend a transit -oriented plan area to promote multi- modal transportation and urban infill development. Engagement (Parks, Recreation and Community Services Agency and Planning and Building Agency) Seek special grant monies for community engagement. These grant monies may be used to support public outreach on a number of planning efforts including the City General Plan update, historic preservation programs and survey efforts as well as specific planning urban design projects such as the Santa Ana Public Library's AGUA drought tolerant demonstration garden. In addition, monies may be used to support the City's existing Neighborhood CIT/ OF SANTA ANA 16 6UOW38 2017 LEGISLATIVE PLATFORM Improvement Program community engagement efforts. Discuss with state and federal legislature representatives the need to find a funding stream to help the Santa Ana Public Library and its cohort of Youth Civic Engagement interns provide a 5 -year effort to increase voter registration. (PBA) In late 2017, members of EMT discussed a framework for advancing Santa Ana's proposed Community Engagement Policy. Consultations are continuing on a one on one basis with each city agency with the intent of development a consistent policy for advancing community engagement internally. This policy is intended to be presented to the Mayor and City Council in early 2018 and once adopted, separate efforts will be launched to develop a community engagement strategy which will address work underway with Santa Ana's residents and external partners. At that time, grant funding through federal and state channels will be pursued. (PRCSA) PRCSA was successful in obtaining funding for a full-time Youth Services Supervisor who will take lead in coordinating youth civic engagement throughout the City. GOAL 6: COMMUNITY FACILITIES & INFRASTRUCTURE The City of Santa Ana has the responsibility to install and maintain the basic facilities required for a community to operate including streets, sidewalks and bikeways, sanitary sewers, storm drains, water systems, public buildings and facilities, and collection ofsolid waste. The City also has an important advocacy role concerning mass transit and public utilities. O.C. Streetcar (Public Works Agency) Seek continued support for OC Streetcar federal funding. This project is a modern streetcar running from the Santa Ana Regional Transportation Center (SARTC) through Santa Ana's Downtown and Civic Center within mixed flow traffic in city streets and within the Pacific Electric right-of-way to Garden Grove. The streetcar will expand regional transportation system benefitting mobility and goods movement as well as providing expanded regional and local economic development opportunities. The OC Streetcar received final environmental clearance in March 2015. In February 2016, the OC Streetcar received federal consideration when former President Obama included $125 million for the OC Streetcar in his budget. The Orange County Transportation Authority (OCTA) has become the lead agency for the design, construction, operations and maintenance of the project. The project is currently in the design phase and is scheduled to begin construction in 2018. To date, 60 % design review has been completed. The OC Streetcar will link the bustling Santa Ana Regional Transportation Center (SARTC), which provides regional rail, OCTA bus, and intercity and international bus services, to a new multimodal hub at Harbor Boulevard / Westminster Avenue in Garden Grove. Along the way, OC Streetcar will connect directly with 18 OCTA bus routes. OC Streetcar will serve the historic downtown Santa Ana and Civic Center which includes government offices, federal, state and local courthouses, unique restaurants and shops, an artists' village, several colleges and a variety of community enrichment organizations. CITY OF SANTA ANA 17 6�W39 2017 LEGISLATIVE PLATFORM OC Streetcar will increase transportation options and provide greater access along its 4.15 -mile route (in each direction) along Santa Ana Boulevard, 4th Street, and the Pacific Electric right-of-way to Harbor Boulevard in Garden Grove. The project serves Santa Ana which is the fourth most densely populated city in the United States, and serves the City's densely populated communities, many of whom (17.8%) do not own cars and currently use public transportation. The estimated cost of the project is $298 million. Project funding is currently comprised of the following funding sources: Federal New Starts, Congestion Mitigation and Air Quality (CMAQ), Federal Transit Administration (FTA) 5307, State Cap -and -Trade, and Measure M2 Project S. If construction begins in 2018, the OC Streetcar Project could be operating by 2020. In coordination with OCTA, support the inclusion of the O.C. Streetcar Project in New Starts funding. The City will continue to seek Federal and State funding opportunities for the project. (PWA) City staff has continued to coordinate with and support OCTA in the completion of the design phase of the project. OCTA will be advertising the OC Streetcar design project on December 11, 2017. Staff will continue to provide support during the bidding, award and construction of the project through 2018. (HK) We have worked in close coordination with OCTA and City staff and officials, and engaged both Senators and House Representatives at every step to make sure our visits were well messaged with the new Administration and aligned with project timelines. The City's delegation, especially Senator Feinstein who sits on the Transportation, Housing, and Urban Development Appropriations Sub -Committee, has been key to advancing annual funding for the project beginning in FY '17 and in FY '18. Santa Ana Regional Transportation Center (Public Works Agency) Funding is needed to repair and modernize the Santa Ana Regional Transit Center (SARTC) to support increasing mobility demands locally and regionally. Expanding rail and other mass transit mobility modes is critical to support an ever- increasing demand for inter - and intra - county rail services resulting from growth in population and employment in the surrounding areas. The SARTC station is a key link between local passenger access to the OCTA Metrolink Railroad and Amtrak connecting Orange County to other outlying areas of nearby regions, including Los Angeles, the Inland Empire, San Diego and beyond. Specifically, the SARTC facility is in dire need of bathroom expansion to support the increase station demands and meet today's American's with Disabilities Act standards, and other modernizations to encourage travel by higher efficiency mobility. Facility needs include modernization of interior climate control systems, repair of the building envelope to make water tight, update of interior painting and floor coverings, plumbing system upgrades, improved access and pathways from the facility's perimeter and expanded passenger loading and unloading kiosks/stalls. The estimated cost to complete these improvements is $4 Million. (PWA) In 2017, the City performed several improvements at the Santa Ana Regional Transportation Center, which included replacing the platform lights with LED lighting, HVAC air handler upgrades, and flooring and lighting improvements. Other up upgrades will be made as more funding becomes available. CITY OF SANTA ANA 18 61140 2017 LEGISLATIVE PLATFORM First/Last Mile Connections to Santa Ana Regional Transportation Center (Public Works Agency) New first and last mile connections to regional rail and bus passengers are critical to expand regional mobility. One key to expand system capacity is adding seamless travel connections at the Santa Ana Regional Transit Center (SARTC) to access Civic Center, Downtown, the Museum District and other employment, cultural, commercial and educational centers. Funding to plan and construct these first and last mile travel connections is needed, including bike lanes and infrastructure, safe and accessible pedestrian routes, and convenient transit facilities. Infrastructure may include protected bike lanes, bike lockers and racks, new sidewalk and access ramps, upgraded bus shelters. Programs and planning efforts could include educational campaigns, travel safety advertisements, and community based complete streets planning. The City supports Federal, State and regional funding programs and policies which would facilitate first and last mile connections. (PWA) Consistent with this effort, the Santa Ana Blvd and 5th Street Protected Bike lanes project, funded with Active Transportation Program grant funds, will install 4.2 miles of median protected bike lanes to connect the downtown Civic Center area with the SARTC. Being that a significant portion of the project shares the same roadway alignment as the OC Streetcar project; the City has been working closely with OCTA to ensure our design efforts are coordinated. In 2017, the project was in the design phase with construction scheduled to begin in conjunction with the OC Streetcar project as early as summer 2018. Grade Separations (Public Works Agency) Grade separation projects allow incompatible mobility modes to coexist These types of projects work by not only making existing incompatible transportation systems successfully match, but will greatly improve crossover connections between multimodal mobility and goods movement, and also result in reduced congestion, improved air quality, and reduced dependence on fossil fuels. Three separate grade separation projects have completed the conceptual engineering and environmental analysis phase. The three projects are located on Santa Ana Boulevard, Grand Avenue, and 17' Street. The three currently intersect with railroad tracks carrying Amtrak and Metrolink commuter traffic, and Union Pacific Railroad freight cars. Daily rail traffic is now 75 trains per day and is expected to increase to 110 per day by the year 2035. The grade separation projects are essential to allow for future and current commuter and goods movement, while also maintaining and improving train, pedestrian and bicycle mobility, and safety by uniting divided neighborhoods and commercial districts. The City of Santa Ana is the lead for the Santa Ana Boulevard project. This is a unique Grade Separation Plaza because it not only allows and encourages mass pedestrian and bicycle traffic to safely cross rail tracks adjacent to the Santa Ana Regional Transit Center (Amtrak and Metrolink station). It would also allow for the extension of the OC Streetcar across the rail tracks without any additional infrastructure but the streetcar line. The environmental clearance of the Santa Ana Boulevard Grade Separation Plaza was CIN OF SANTA ANA 19 66&41 2017 LEGISLATIVE PLATFORM completed September 2014 and the project is estimated to cost $73.3 million. This project is in 18th place on the state's priority list. The roadway carries over 20,000 vehicles per day within a very congested segment of roadway adjacent to an interchange with 1-5 freeway. In addition, 54 school buses and 309 passenger buses cross the rail tracks. Staff seeks State and/or Federal funding support either through the Orange County Transportation Authority or independently for 100% of the project construction cost through Regional Surface Transportation Program, CMAQ, Demonstration, and Federal Section 130 funds. OCTA has been the lead agency for the planning and environmental studies of the other two grade separations at (2) Grand Avenue and (3) 17th Street. It's anticipated that they will seek funding to implement those two projects. (PWA) OCTA in coordination with the City completed the project report and environmental document for the 17th Street Grade Separation in 2017. The Public Works Agency will continue to seek grant funding for the project in collaboration with OCTA. Additionally, OCTA submitted applications for funding of the Santa Ana Blvd. and 17th Street grade separations through the California Public Utilities Commission Section 190 Grade Separation Program grant. The program provides state funds to local agencies to grade -separate at - grade crossing, or to improve grade -separated crossings. If approved, these funds may be used as seed moneyforthe next phase of each project. Automated Meter Infrastructure (Public Works Agency) The City supplies potable water to over 45,000 customer accounts which include all of the City's 324,000 plus residents, business, and institutions. All customer accounts are metered bytraditional dummy meters which record water usage mechanically and are manually read every two months. The City is committed to pursuing Automated Meter Infrastructure (AMI) and converting all meters to new smart meters capable of detecting leaks and allows customers to manage their water consumption on a daily basis. The proposed system will have customer engagement which will generate notifications such as excessive water use, irregular consumption patterns, and most importantly water leaks. The system is planned to be completely wireless and accessible through the Web. This is a key water conservation project. The City has awarded a contract to perform a feasibility study and implementation plan. Full AN conversion and implementation costs are estimated to be in the range of $14 million. Staff will continue to seek funding for automated meter infrastructure. (PWA) In 2017, staff completed a feasibility study and began the process of developing a detailed implementation plan. Staff is in the process of applying for various grants and low interest loans and will continue to seek funding for automated meter infrastructure. Replacement Water Wells (Public Works Agency) The City supplies up to 75% of water demand via a system of groundwater wells. A number of these wells are aging and no longer produce the quantity or quality of water they once did. In order to sustain the quantity and quality of water for the community at the lowest cost possible, it is essential to retain our groundwater pumping capacity. A need exists to drill and equip new replacement wells. As a regional aquifer, this project would also protect the integrity of the aquifer for other water producers. The City is in the process of acquiring a site and has prepared a preliminary feasibility study for up to two new CITY OF SANTA ANA 20 65W42 2017 LEGISLATIVE PLATFORM replacement wells. The replacement well improvements are estimated to be in the cost range of $7 million. Staff will continue to seek funding for the replacement of water wells. (PWA) Staff is in the process of applying for various grants and low interest loans and will continue to seek funding for the replacement of water wells. Recycled Water Svstem Master Plan (Public Works Agency) The Orange County Water District (OCWD) owns and operates a recycled water system, a portion of which traverses through parts of Santa Ana. Santa Ana properties may connect to the recycled water system, where available. Currently only a limited number of parcels have access to the system as the recycled water pipelines only exist in a limited area. The City is considering commissioning a recycled water system master plan to identify opportunities to expand the system to serve recycled water demands. The OCWD has tentatively committed to supply additional recycled water but Santa Ana will have to fund construction costs associated with expanding the system. The recycled water master plan is estimated to cost $100,000. The cost to construct additional reclaimed water pipeline is estimated to be $1.25 million per mile. Staff will seek funding to develop a recycled water system master plan. (PWA) In 2017, the City released a Request for Proposals to commission a recycled water system master plan. Staff is in the process of applying for grant funding for the recycled water master plan document. Santa Ana River Conservancy Program (Public Works Agency) Support the Santa Ana River Conservancy program by supporting the State of California Coastal Conservancy in its effort to address the resource and recreational goals of the Santa Ana River region including open space, trails, wildlife habitat, agricultural land protection, water quality protection, educational use, and public access in line with all provisions of SB 1390. (PWA) The City of Santa Ana along with the City of Newport Beach, City of Costa Mesa, and County of Orange entered into a multijurisdictional project to improve water quality in the Upper Newport Bay. The project locates a diversion structure in the Santa Ana Delhi Channel just south of John Wayne Airport. This diversion will treat 3 million gallons per day of dry weather flow and divert it to the sanitary sewer where it will be treated for reuse by the Orange County Water District. In addition, the project will remove trash from a storm event. The project is currently under construction and is expected to be operational towards the end of 2018. (TPA) Worked with the City's legislative delegation, and other key legislators, to advocate for funding for the Santa Ana River Conservancy Program within SB 5, the Park Bond. Ultimately, $16 million was included in the final measure for the Conservancy Program. Bristol Street (Public Works Agency) The City of Santa Ana has been in the process of improving 3.9 miles of Bristol Street between Warner Avenue and Memory Lane in conformance with the City's General Plan, and OCTA's Master Plan of Arterial Highways. The project adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well additional turn lanes and bus turnouts at major intersections. The completed or near CITY OF SANTA ANA 21 6M343 2017 LEGISLATIVE PLATFORM completed portions of the project total over 2.5 miles. OCTA has funded construction of the remaining segments between Warner Avenue and 17th Street. However, no funding sources exist for the portion between 17th Street and Elm Street (the north -most half mile), which handles an average of 48,000 vehicles per day. The estimated cost for this segment is $40 million. Depending on future federal funding programs, the City would anticipate a request of up to one half, or $20 million of total project cost. (PWA) The current phase of the Bristol Street Improvement Project consist of three segments and an intersection improvement. The segment on Bristol Street from Washington Avenue to 17th Street is currently under construction. Construction is anticipated to be completed by winter of 2018. (PWA) For the segments on Bristol Street from Civic Center Drive to Washington Avenue and from Warner Avenue to St. Andrew Place, the City is currently acquiring properties to allow for the improvements. Construction activities for these two segments are scheduled to begin summer of 2018. (PWA) The intersection improvement at Bristol Street and Memory Lane is currently in the design and right of way phase. The project entails widening Bristol Street, just north of Memory Lane, to accommodate a third southbound through lane at the intersection. This additional through lane would result in the relocation of the existing dedicated right -turn lane slightly west. The proposed widening would involve the partial acquisitions in order to accommodate the new total ROW widths. Alton Parkway (Public Works Agency) The City of Santa Ana has been the lead agency in coordinating the design and environmental clearance of the Alton Parkway Grade Separation. Alton is part of the Master Plan of Arterial Highways, and the proposal is to cross over SR -55. The roadway would expand regional connectivity, benefitting mobility and goods movement as well as providing expanded regional and local economic development opportunities, and significant benefits to local Santa Ana businesses located in the fringes of this project. Coordination with neighboring Irvine has been completed. This project's design / environmental phases were previously done but need to be updated per the latest state requirements. This will take an estimated 8-12 months to update. $55 million in construction and right-of-way funding is needed to implement this project. Half of this funding would be requested through the Measure M Regional Capacity Program with the remaining $22.5 million from Federal or other sources. (PWA) Staff will continuously seek funding for this project through federal support, the OCTA Measure M Regional Capacity Program, and other sources. For any shortfall of total project cost, the Cities of Irvine and Santa Ana will each provide 50% of the remaining cost of the project as part of the cooperative agreement between the two cities. Grand Avenue (Public Works Agency) The City has a project to widen Grand Avenue between 1st Street and 17th Street. The project, similar to Bristol, adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well as additional turn lanes and bus CITY OF SANTA ANA 22 6��44 2017 LEGISLATIVE PLATFORM turnouts at major intersections in conformance with OCTA and City plans. The initial 900 -foot segment between 1st Street and 4th Street began construction earlier in 2014 and was completed in 2015. Except for design phase funding, no funding has been identified for the remaining 4,300 feet, estimated to cost $49 million. A Federal $24 million grant to match the anticipated future OCTA Measure M2 funding could cover construction and project delivery. (PWA) The initial 900 -foot segment between 1st Street and 4th Street was completed in 2015. The design of the remaining segment from 4th Street to 17th Street was completed in 2017. The Public Works Agency will continue to seek grant funding for the project. Warner Avenue (Public Works Agency) The City finalized the Environmental Impact Report (EIR) in 2015 to widen Warner Avenue between Main Street and Grand Avenue. The project, similar to Bristol Street and Grand Avenue, adds one through lane in each direction, bike lanes, sidewalk, landscaping and medians, as well as additional turn lanes and bus turnouts at major intersections in conformance with OCTA and City plans. The project's cost is estimated at $60 million for design, right-of-way, and construction phases. OCTA has funded the design phase and a portion of right-of-way for Phase I (Main Street to Oak Street). Staff seeks the remaining funding of $53 million through federal support independently or via OCTA. (PWA) OCTA funded the design phase and a portion of right-of-way for Phase I (Main Street to Oak Street) in April 2017. City of Santa Ana staff submitted the grant applications for the construction funding of Phase 1 and right-of-way funding of Phase 2 to OCTA in October 2017. Fairview Bridge (Public Works Agency) Fairview Street is planned for three lanes in each direction on the City's General Plan and OCTA's Master Plan of Arterial Highways. However, because the Fairview Bridge over Santa Ana River is only about 50 feet wide, the roadway can accommodate only two lanes in each direction. Further, the bridge lacks separated sidewalks and the barrier rail does not meet current standards. For a similar project (First Street Bridge), the City received Federal funding to cover half the cost to replace and widen the bridge. For the Fairview Bridge, the cost is conceptually estimated at about $14 million, 88.53% of which could be requested through the Federal Highway Bridge Replacement and Rehabilitation program with matching funds requested through OCTA Measure M2. To receive federal funding, the segment would need to be cleared under the National Environmental Policy Act. (PWA) In Spring 2017, the City received federal Highway Bridge Replacement and Rehabilitation (HBRR) funding for the environmental and design phases of the Fairview Street Bridge replacement. The scope of work entails the widening of Fairview Street between 9th Street and 16th Street, including bridge replacement, from a 4 -lane roadway to a 6 -lane arterial and the installation of a raised landscaped median, bike lanes, sidewalks, streetlights, and aesthetic enhancements consisting of decorative barrier rails. Staff will seek funding for the right-of-way and construction phases through federal support independently or via OCTA once the project completes the environmental clearance process according to the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA) guidelines. CITY OF SANTA ANA 23 658318UIA 5 2017 LEGISLATIVE PLATFORM GOAL 7: TEAM SANTA ANA The City continues to face increasing demands for service with limited resources. This challenge provides an opportunity for the organization to become innovative and efficient in the delivery of City Services. Success in this effort requires that the City retain and attract experienced, motivated employees who are committed to engaging and serving the community. Additionally, improving interdepartmental and community lines of communication will ensure greater transparency and community engagement. Transparency and Engagement (City Manager's Office) Support federal and state legislation that promotes greater transparency and community engagement. Continue to convey information to residents, partners and stakeholders via various communication platforms in accordance with the Sunshine Ordinance. (CMO) The City of Santa Ana continues to expand transparency and engagement with the community by hosting many community meetings and collaborate with regional organizations to expand engagement. (COTC & IT) Acquired new City Council Agenda Management software that will augment transparency of records and city information to the community. Open Data / Public Records (Information Technology and Clerk of the Council) Facilitate efforts to publish data on the City's website which will increase transparency, access to public information, and improve coordination and efficiency among City agencies and partner organizations. Through the implementation of an Open Data site, the public will be able to access meaningful data on one web page, including legislative reports, building permit activity, crime reports, budget information, and land use data. Allowing the public to access, visualize, and sync to public information promotes a new kind of civic engagement and allows them to provide valuable feedback on local issues. An Open Data site will promote government transparency and openness by giving residents, visitors, and business access to records and reduce the number of public records received annually. (IT) The Information Technology Department has contracted with a vendor to implement a web content management system along with an open data portal. The project is currently in process and expected to be completed in 2018. The open data portal will allow departments to share data sets, performance measures, and GIS maps with the public. Technology (Information Technology) The City's Information Technology Department is committed to provide insightful information to our elected representatives regarding the complex and multi -dimensional aspects of technology infrastructure and business of IT systems. The department's legislative platform includes: Support legislation and policies that encourage the streamlining of business processes for responding to open records requests and that provide funding for these activities. (IT/COTC) The IT Department and the Clerk of the Council have made many public records available on the City's website. In addition, an online records request form is being developed in- house using an existing workflow tool. CITY OF SANTA ANA 24 65W46 2017 LEGISLATIVE PLATFORM Support legislation that helps bridge the digital divide by promoting low cost, high-speed internet access to the city's low-income population. (CMO) Assembly Bill 1665, Telecommunications: California Advanced Services Fund, continues to fund a program that supports projects that promote the goal of ensuring 98% of the public have access to the internet. However, the program does nothing to ensure that is affordable, over that access is available. Support legislation that promotes and provides funding for the increased use of technology and assistance in adhering to regulatory compliance requirements. Support legislation that promotes and provides funding for cybersecurity in order to reduce the risk of cyber -attacks. (IT) Although there were several bills regarding Cyber Security, none provide funding to municipalities. Support legislation that includes operational expenses as an acceptable use of public, educational, government access (PEG) funds, collected from cable franchise fees per the Federal Communications Commission, for government access stations. (IT) There was no legislation to modify the use of PEG funds. Support legislation and regulations that ensure emergency communication capabilities and interoperability for information technology and public safety departments and agencies. (IT) On December 28, 2017, Governor Brown announced that California would be opting in to FirstNet. AT&T, in a public-private partnership with the First Responder Network Authority, will build, operate and maintain a highly secure wireless broadband communications network for California's public safety community at no cost to the state. The FirstNet network will drive innovation and create an entire system of modernized devices, apps and tools for first responders. Support legislation that addresses existing labor law limitations that discourage use of 21st century technologies for employees. Oppose legislation that reduces or limits local government's discretion to approve right of way use from unsightly and potentially hazardous equipment placement by telecommunications companies. (CMO/IT/TPA) Senate Bill 649, Wireless Telecommunications Facilities, would have taken away local control of City Assets for use by Telecommunication companies. TPA worked with the City, key legislators, the Governor's Office, and a broad coalition of local governments to oppose the bill. Although this bill passed both the Assembly and Senate, the Governor ultimately vetoed the measure. It is anticipated that there will be additional attempts to pass this legislation in 2018. Legislative Agenda (City Manager's Office) Reflecting input from various departments, the City will recommend an annual legislative agenda consistent with the Strategic Plan, will provide updates and information to the City Council and will continue to work closely with State and Federal lobbyists to promote the City's legislative priorities. Council and staff will continue to attend legislative -related events or meetings in CITY OF SANTA ANA 25 6518547 2017 LEGISLATIVE PLATFORM Sacramento and Washington D.C. to advocate for local/regional programs and initiatives. The City will coordinate meetings or attend legislative events to advocate for funding for local/regional initiatives. (CMO) The City Council Legislative Council Committee met three times throughout 2017 in concurrence with State and Federal lobbyist to solidify the annual legislative agenda consistent with the Strategic Plan, CITY OF SANTA ANA 26 65INT48 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: PUBLIC HEARING — APPEAL DECISION BY THE PLANNING COMMISSION ON DENIAL OF ENVIRONMENTAL REVIEW NO. 2017-96, AMENDMENT APPLICATION NO. 2017-02 TO CHANGE THE ZONING DISTRICT FOR THE PROPERTIES AT 2056 AND 2058 NORTH BUSH STREET, CONDITIONAL USE PERMIT NO. 2017-29 FOR THE PROPERTY AT 2129 NORTH MAIN STREET, AND VARIANCE NO. 2017-07 FOR THE PROPERTIES AT 2115, 2123 AND 2129 NORTH MAIN STREET FOR A HAMPTON INN HOTEL— NET DEVELOPMENT COMPANY, APPLICANT {STRATEGIC PLAN NO.,5, 3) CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: r.TJJ:U6Vi*D7 ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER On January 22, 2018, the Planning Commission vote resulted in an impasse (3:3). The applicant has appealed the decision allowing the entitlements to move forward to the City Council for a final decision. Staff recommends approval of project and following actions: 1. Adopt Mitigated Negative Declaration, Environmental Review No. 2017-96. 2. Adopt an •o Ind inarfdb�iapproving Amendment Application No. 2017-02 to change the zoning district from Professional (P) to Community Commercial -Museum District (C1 -MD). 3. Adopt a resolution approving Conditional Use Permit No. 2017-29 as conditioned. 4. Adopt a resolution approving Variance No. 2017-07 as conditioned to allow: (a) a reduction in off-street parking; (b) a reduction in front yard setbacks; (c) an increase in wall heights along Main Street; and (d) an increase in the number of major building identification signs. 75A-1 ER No. 2017-96, AA No. 2017-02, CUP No. 2017-29 & VA No. 2017-07 — Hampton Inn at 2129 North Main Street February 20, 2018 Page 2 PLANNING COMMISSION ACTION At the December 11, 2017 Planning Commission meeting, the Commission held a public hearing on the proposed entitlements for the new hotel. At the conclusion of the hearing, the Commission continued the item and requested more information on the impact of displacing the 93 parking spaces within the public parking lot currently on the site; the feasibility of the left -turn movement into the property by vehicles travelling southbound on Main Street; and, a review of additional security conditions and/or measures for the project. At its January 22, 2018 meeting, the Planning Commission again held a hearing on the project, with Commissioner Nguyen absent. A discussion ensued about the requested variances and the adequacy of the environmental document for the project. A motion was made to deny the environmental review, with a 3:3 vote by the Commission (Contreras -Leo, McLoughlin, Mendoza opposed). A subsequent motion was made to deny the conditional use permit and variance applications, which ended in another 3:3 vote (Contreras -Leo, McLoughlin, Mendoza opposed), resulting in an impasse (Exhibit A). In the event of an impasse, the Planning Commission Bylaws allows the project proponent the option to continue the items to a later date for further consideration by the Commission or accept a denial without prejudice. The applicant elected to accept a denial, giving him the ability to appeal the decision to the City Council. The applicant has appealed the denial, allowing the project to move forward to the City Council for a final decision on all of the requested entitlements. DISCUSSION In 2015, as part of the Strategic Plan's Economic Development goal to "identify and market underutilized properties (City and non -City owned) for new development," the City provided a tour to local brokers and developers to highlight potential development opportunity sites in Santa Ana. One of the sites identified as underutilized was the City -owned parcel at 2129 North Main Street that is currently being used as a parking lot. In September 2015, the City was approached by Net Development Company to construct a new hotel at this site. On September 20, 2016, the City Council authorized the Community Development Agency to negotiate the sale of the subject property and enter into an exclusive negotiation agreement with Net Development Company for the purpose of developing a hotel on the property. On May 2, 2017, the City Council discussed entering into a purchase and sale agreement for the subject property and continued the matter for two weeks. On May 16, 2017, the City Council authorized a purchase and sale agreement with Net Development Company for the sale of the property. Separately, the applicant entered into agreements to acquire the privately owned properties at 2115 North Main Street, 2119 North Main Street, 2056 North Bush Street, and 2058 North Bush Street to create the 1.9 acre project site. 75A-2 ER No. 2017-96, AA No. 2017-02, CUP No. 2017-29 & VA No. 2017-07 — Hampton Inn at 2129 North Main Street February 20, 2018 Page 3 On March 9, 2017, the applicant held a Sunshine Ordinance Community Meeting where the developer presented the hotel development project and received feedback from the community. Approximately 32 residents and business owners attended the meeting. The main questions and comments of those in attendance were related to the process for the sale of the City owned property and the loss of public parking. The proposal includes construction of a six -story, 73,322 -square -foot, 135 -room Hampton Inn by Hilton hotel with 128 off-street parking spaces. Amenities for hotel patrons include use of two historic structures as a restaurant, a breakfast lounge, fitness room, conference room, pool and outdoor decks. The entitlements needed to construct the hotel include an Amendment Application (zone change) to change the zoning designation of the properties at 2056 and 2058 North Bush Street from Professional (P) to Community Commercial -Museum District (C1 -MD), a conditional use permit (CUP) for the hotel, and variances to allow reductions in required off-street parking, front -yard setback, increased wall height in the front -yard, and to allow four major building identification signs. The Public Works Agency studied the surrounding streets to identify any areas that additional on - street parking could be added. As a result, a condition of approval was added to restripe Buffalo Avenue between Broadway and Main Streets to create approximately ten on -street public parking spaces. In addition, the applicant revised their plans to include a controlled access gate to allow paid off-street parking for hotel guests, restaurant patrons and the public. In addition, a Shared Parking Analysis was conducted which determined that at peak use 110 parking spaces would be utilized, which supports the variance request for reduced off-street parking (128 off-street parking spaces). A replacement parking lot and/or parking structure is not proposed as part of the project. Staff is recommending approval of the applicant's request due to the economic benefits of a hotel development, the support for shared uses and parking and the irregular lot configuration. Full- sized plans of the development project 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). 75A-3 ER No. 2017-96, AA No. 2017-02, CUP No. 2017-29 & VA No. 2017-07 — Hampton Inn at 2129 North Main Street February 20, 2018 Page 4 FISCAL IMPACT There is no fiscal impact associated with this action. Candida Neal, AICP Acting Executive Director Planning & Building Agency SK:rb S:RFCA\02-20-18\PBA AA17-02 Hampton Inn Exhibits: A. Planning Commission Staff Report January 22, 2018 B. Correspondence C. Ordinance D. Resolution Conditional Use Permit E. Resolution Variance 75A-4 `REQUEST ,FoR Planning Goinmission Action PLANNING COMMISSION MEETING DATE:, �JANII.l4Rlf`22; 2l)18 TITLE:. 2017=t)2; CO.NDITIDNAI; USE PERMIT NQ:, 2017=29, AND VARIANCE N0.'2017 07 FOR THE HAMPTON INN HOTEL'LOCATED AT.2129'NORTH MAIR!STREET= NET -DEV ELOPMENT COMPANY; APPLICANT {STRATEGIC-PLAN'NO, 5113] Acting Executive Dir,-- db 'RECOMMENDED'ACTION Reooinrriendthat the City Councils PLANNING COMMISSIQN SECRETARY APPROVED t7 As Recommended: •0 As Amended 0 Se1.'PuI)Itc'i4e #n1g For DENIED Q Applicads Raquest 'B SIWRecpmrnehoation CONTINUED TO _ Acting Plan ting' I'vWh r 1, Adopt an roedinarite approving Mitigated Negative i0eclaratfon, Environ"mental Review `Na:. 209 z •Addpt-an ordinance approving Amendment'Appl'ication;No, -2017=02. The Planning Commission has consideredthe entitlementsfor_this-project and shall:: 3. Adopt:a resolution approving Conditional Use Permit 06,2__ 7-20 as conditioned; 4. Adopt a.resolution approving Variance`No. 2417-07:(a)'as :conditioned to allow a,reduction In off-stieet.parking i :5. •Adopt a resolution -approving Variance:No.2017-07(b).as.co;ndittoned.to.allow•a reduction in front yard setbacks; ;6: Adopt'a resolution approving Variance No. 2017-07 (c),as conditioned to allow an -increase in wall heights along MalmStreet; and 7: Adopta resolution approving Variance No. 2017=07,(d) as�conditioned'to allow an increase in the number of rnajorbuilding identification signs:. EXHIBIT A 75A-5 AA No. 2017-02, CUP January 22, 2018 Page 2 Executive Summary No. 2017-29, & VAR No. 2017-07 .Net Development Compahy, ,representing the Jahangiri Family Trust and the.City:of Santa Ana, is requesting approval of'sev'eral erititlements'to allow construction of a Hampton Inn by Hilton hotel at 2115, 2123, and 2129 North Main Street. Specifically, the applicant is requesting approval of an Amendment Application (zone change) to change the property's zoning designation from Professional (P) to Community -Commercial-Museum District (C1 -MD), a conditional use .permit' (CUP) for the hotel, and variances to allow reductions in required off-street parking and front -yard setback, increased wall height in the front -yard, and four major building identification signs. ;Staff isrecommending approval of the applicant's request due to the irregular site configuration and because the project has been designed to minimize impacts on surrounding properties. The project also includes use oftwo historic properties. The historic -property at 2115 North Main Street (the MacFarlane House) will .be rehabilitated 'for' -use 'as an eating ,establishment. In .addition, the historic property at 2056 North Bush Street (the Melton'House)`Will be relocated to Main Street adjacent to the hotel for use as.an eating establishment. ?he .Historio Resources Commission will review. the proposed relocation 'and physical modifications.at.the January=25, 2018 meeting. At the December 11,2017 Planning.Commission meeting, the Commission continuedthe iter to the next.regular meeting and requested more information on: 1. The'impacts of displaced parking; specifically :the loss'of 93 public:parking.spaces; 2. The southbound Main Street left -turn movement into, the property; and 3. Any additional security conditions/measures needed for the project. In -response, the applicant has prepared letters with responses to comments received and provided an updated -Shared Parking Study and Traffic Impact Study. Staff has reviewed the information and verified the accuracy of the shared parking and .traffic analyses (Exhibits 1446). Further, since the December .Planning Commission meeting, the applicant: has .made two changes to the site plan: The wall between the two historic structures will now be setback 8.5 feet from the ,front. property line. • Two additional parking spaces were added 'bringing the total number of proposed parking spaces to 1.28. 75A-6 AA No 261.7-02,:CUF'No„2017=29; &•VARiop,201.7=07 January 22; °2.01, Page3� ' RerdoVal.of Piitii'ia'Pa>•Itina;Lct There are 93 public:parking ;spaces, within t{�e'park�ng�ot at 2129 ;Nprtt? parking between tfie t ours of 1.O 0 a rim. and 5,'00 a m on'th lot, there! The„applicantdid not:conduct parking counts df -the Cityparkingtot to -d wpuld indicate ;how many spacesare•typically utilized and'therefore bi timing of the., request,=parking counts would ha.4been conducted over spaces that. Wpuld ,be - Cfraulation' Curr`e�tly there�are;fv -2, 5 North •Main;Sfr righhand ;left=turn mo on "City parking lot "pr similar 1poat'iiin .01' the spaces woutd'be added bh'Buffalo Str"eet e sale,df ihe,property and constructioh of th would W.elimiriated ;an g driVewayon .the, 21'15- sight parking. usage which' I.; Due to.th'e .and may not - Ills would i6'e ig 83 parl�ng� ect. tel'.will be in,'bwery: r The TrafCc;Impact;Study prepared by';RK Engineenrig includes a,queutng.ahalysis (Segel brf U) to "study to .movements in and. out,of the:project site:. The, left in access from..southbdumd'. Macri Street `into lhe.protegt Site is a'ec60mpdated"ya a,two-way",left turn lane that:allows for: 75, feet of Vehicle storage:Awehibulan'gUeuing analysis Was;prepared to' analyze the ezistmg PIUs pi:ilact ditions_dUring a.- and p.m peak. hours;. ,According; to ,thi>' Traffic."study, .vyYren, cornWftf;the projected left -turn fraff c volumes to the ;capaaclty-of. the proposed lettAgrn ;traffic lane, there" is sufficient lane capacity:and queuing;to not bfo6k the traffic floW:of southbound' Main Sfeeet- Therelsa,no;rthbound Main 'Stie morning Iarnd'evernng peakhours Tnis:r. the:project's inbound deft"turnlri traffic. turning traffic waits fora gap in traffic to, traffic lane is anticipated •fd abso lel thea into the; project site"., Secadt hatwill continue to occur.du R "queue ma`y cause -some is ind evening peak hours -as turkbut the'storage"of-the- traffic-waibngslo makethe li Chapter 8, Article il, Dlvlslon 3 of the Santa Ana Municipal Code_ (Building "Security Ordinance)' applies to all protects Which -require a'bulldmg . 'brrilt. The, ordinance sets proVisioris'for security related w doors, roof openings, lighting, -and alarms Sinee the December 1?lanning,Commisslon meeting, the Police Department has reviewed the plans and•does not recommend any 'ddi(iongl, conditions; 75A-7 AA No; 2017'p2CUPIiVo„2012:29, & VAR -Wo, 2017=07 January 22;,2 i8 ;Page 4 has access irnple bh Will ffhe•pro pay t as, needed'by hotels' .security. riieesut<es: A. closed-circuit and redord the, Ingress and egress po1nts.of itthe fr hi desk and business office by hotel ees, guests sndpp trons: There will• be, no. siops',the;access,points on Main' Street.. The rea•if;addltlonefsecurlty;is needed'the,hotel `Tabled: Project and Locationllnferniation ltetri , itnfonnation PfdOct:Address. _., _2115,,2123, and,2129 North,Main Street_ e Nearst Intersection Main and 2D 'streets :Genecai PtanlDesignatf6m ” ;DistHdt Cellter(PC) Zoning De'signatlonEsistin Proposed,. Community;Commercial=Museum" GommunityComttie(cial- 6istrict(C1-0)'and Professional WseurrvOl ttict(C14AD�, Surroundmg;Land:Uses North Santa Ana` 1-5 ,'Freeway 'East_ Santa Ana:(1-5)'Freewa South Comrn6i ial.and'Milti' le=famil "Residential West- Commercial` _ Project`Site`•Si2e 83;794-square-feet{1 92 acras).with a.lot merger__ Existing Site Development; _ i4publicparkfig lot with 93spaces office building andsiogle (amity. dwelling 4AtJthat would be demolished with the. construction of ifie one Mll pCoposetl;projecl. The two hislonc structures Would remainrre It ehabllitated 'and the other 'will ibe: relocated ilo. Maiii ,Street and i'ehabilitaled, 1 Use Permissions" -- -. Motelallovwe_tl with a CUP { Zoning, Gode-•Section's.AffeGted '41-3684o 41-373 (deaelopinentstaridards) - 4.1 375:1 bi 41-3752,(6se6l 41-61 6.5 (walls and fences) 41 867 (major building identification signs) 41 13091(1"} (parking requirement ror';tiistonc slructures).and 4T-1344 arkin' t6 Lirementfor hotels " Project Backriround' As;parl'of the Strategic, Plan's Economic Development goal to `''identify aril market',underutilized properties (City and, non City owned) for new devel6ombrit," the. City provided '616ur fo focal brokers and developers in 26.15 to'hlbhlight•potential developmenf,opportunitysites rn�Santa'Ana, One. of"the iter Iden{(Fed':as.undarutilized'was'the City -owned', cel at 2120, North Main'St_re_et that is currently"being:used as a parking lot. 75A-8 AA N0;41.7 -k.- CUP'No 261,7-2e, 8�',VAR No: 2017=Q7' January 22, 01.8 Page''S ' Irl September_2015, the; Clty bias apprgached `by;Net Develd0fildrit.Corppany'to,const�udLa new hotel 'at chis stte Off` Septern 0 20,, 2016 .'the City C40Nil ;authorized the ;c ommunity, Revelopmenf Agency to ,negotiate for the ;sale of the subiect, property, a ;City o>nined pUpllc parking lot; at 2129. North Main Street`, -andentered into an ox9lusive negdtiatloh •agreement. With Net peveloprnent CompaYiy, forthe`purpose of.developing a'hotel orr.the property: On May 2, 201,7, the City Council discuSsed entering into,,a pur�hase;ar subiect properly and titade a Tildtion to continue°the matter{ort+ 6 wee the City 'Coyricil;motion, d to ienferinto a purchase and'sale agreeMe Company°fbr-the sale of the property: The applicant also antered into a privately;owned properties at:z1`15 North`'Mola Stfeet;.2119 North Main Streel,-and 2056 North Bush Streette create the 1.9 acre;prniect site. Ori'March .9, .2017, the` appifgant held''a 5unshlge 0rdIbance'd6mmUn[ty�.Meeting that,Wa9. attended by 32,individ'uals In.Septerti6g of 201,], the Di lgfi i2evieW subcommittee revieGved ` the project and ,provided coM' tents in regards.1 the visual transition !b,0 +een the ;hotel nd ;histor)c tructures;. " ProiectUsscription' The proposal Ihcludes c Hilton:hotel Whi 128'of restaurant, a ;breakfasi t;EXfiikilt ti� yehicular;a access gate. The,- HVc knox box for emergency A restaurant fs proposed't,' the,public for dining, The, future depending on the to for a serparate CUP for,the hours o`peratfons: in of a;six story,.73;322 square -foot, 135 room Hampton Inn -by,. arking spaces..:Amenities,for hotel patron"s; ncluda an bn=site fitness room; conference :roonj;. pool and outdoor decks II be proVided Brom Mair! -`Sheet and from,ean: on4site. d6h rolleii Bush Street.Will'remaln 616BOd,Witn a 1,69ght irori;gate'and only., o accupy both hfoiic structures that Will be open,to,hotel .guests acid applicant anticipates one. restaurant'operator f& b6th buildings. In'itie. rant that is secured to' 'ope'rate the restaurant the appl[cant may apply: sale;of alcohol!_i3 beverages. for dn-premise consumption and or after - The ekterior;pf,the hotel is a,contemporary,desigh that Will feature: a variety'; a metal 'cladded blade., ,with LED lighting, smooth cement' ,plaster, and`i limestone. A'porte cochere ls.locatedwithili the interfor:of,the'site and w111 'loading; and drop off and seNe as'theformal entrydf.the'hdtel. The,walGbel structures;along Main Street;; is, proposed to I* a public art wall ,that'wilI I internal courtyard Tlie'landscape palette 'will include palm ,trees and, 'a complement the egistlhg;1andscapirig along,the Main Street corridor; 75A-9 ials,fncluding and smooth rrodate guest' e -two hfstOno Ad create' an :o,f :shrubs to AA No:.2bi , 7-62 'it%UP'No! 2917- , �b.-&.,,VARN6;-:261 7w0.11' J a in-b"a' ry .-?able 2: DeVE4opinigni Standards'. T �ObSAfdKr. ap.rcivi edt" iL ot-'Size, sq,' -It :and 12P.1bet-of :83,794 and, 90 feet of '3 . 11 street frontagia.- -Fr—cfn(,§-etback 15 f�efhilnlrnuff :Seven.feet -variance re urged '20, .feet adjacqnt.to resldential: 56 -feet, rnInIniui;n, - Rear'Setback". OJEfet Qt1 feet 7.,Hejg-ikq emptarea 84 feel flinches. .15 feet. alonga street Vades-along front 5Tpel along , 0 r . o perly. r IIn,e,adJjAce.n.i '8 �feiet, along;property' Iihe& , Ad residential Adjacent to'rbsldential Signage Two majOr tWliiing A,d-dritifiddii0riS. 4,5igrj�.s,rjaWme required signs'rnax mum. ,7fkd,L,6inphe"s.(7-6")-variance Verlce§ and Walls Four foot'hlaXlmUminfront-yard required: 161 parking -spaces (for the entire- 128 spaces yarjance-requTreO development) • one space 'Pee, guest room, -%paces) • One "spaper ! ,i 4 , r� ten rqqmi o fReqi$tdred historic --;Jr6pqqie5.- additional "parking rking . AD th6t legally required, prior' to the Ic*961bfutd ., - '40rifivain - m-l't '�d 02115 - gislere�y Oil historici- pi-6viodsly',61fice o2066'worth Oush;= registered as hlstqrlcpreviously - Sing familxdwellin ('4 spaceE0 ,AialIvsis,6fAhe Issues The -(kt ha§�bbk anilyzpd,osing bn fss�ues-based approach, Staff has priapared,ffie Analysis, �Prpj . . . I I I I — .. - hot'iri ' 5 the r66dfhmendati6n fdiraPPr6Val of'ft requested erifltI66��nts! .t:iejoIw,t form 1. 'Is', , the proposed project compatible with the s*rOunding-;co.mrriUnifY? The.surrounding land Uses are a rnIx , of commercial and, residential .uses;, museums, restaurants; motels,:general and professipnal.bfficesi-care'facilities, sdrvldes and multi4arnily 75A-10 AA No. 2017=02, CUP No..2017-29,,&_'VAR:No.,2017-07 January 22,.2018 Page 7 and single-family dwellings. The proposed'Fiotel and restaurant uses are compatible with the surrounding land uses. Furthermore, theproposed commercial uses have been situated along Main Street and closer to'the 1-5 Freeway further away from the professional offices and residential uses, thus minimizing impacts to any sensitive nearby' land uses. 2. Is the proposed project consistent with the. General Plan and development intensity? The underlying General Plan land use.designation for the entire site is District Center, -This area .serves as an anchor to the Main :Street commercial corridor.and the Museum District. According to the General Plan, the M_ useum District is envisioned as a major of ice/cultural. center focused around the Bower's Museum and the 'Discovery •Cube.I The. hotel .is in character with the Museum District, a cultural center -that receives visitors from Santa Ana and the greater Southern California metropolitan area. The project is also.consistent with the development intensity of the General Plan, it has a floor area ratio of 0.91, while.the Museum District allows a maximum floor area ratio of 1.5. The project supports several General Plan goals and policies, including Goals 2: and 3 of the. Economic Development Element and Goals 1, 2 and 4.of.the Land Use Element. The'hote( will increase Santa Ana's contribution Jo. the hospitality and tourism .sector .of the regional economy and will be subject to the City's Hotel Visitors' Tax therefore; generating revenue for the City. The site 'is located off an arterial street and is easily accessible to from'the I-5 Freeway, making it a prominent site and"building within Santa Ana. The development .will rehabilitate a property that is underutilized and will increase:capital'investment in the area. Two historic structures will :be retained and reused as a restaurant,• preserving them as .architectural resources to the City.. 3. Will the hotel and/or granting of variances ,be 'detrimental ,to the health, safety or ,general welfare of persons residing or working in the vicinity? The proposed hotel will not be detrimental to persons residing or working in the area. Conditions of approval have been added to require a parking management. plan for the access control gatesand public art for 'the benefit of the community. In regards to off-street parking, RK Ehginee'Nng Group, Inc. prepared a shared parking study (updated January 16, 2018) for the project utilizing the Urban Land Institute (ULI) shared parking methodology (Exhibit 16). The study was updated to reflect the parking standards applicable to historic structures that were adopted by Zoning Ordinance Amendment No: '2016-03 and went into effect on October 19, 2017. The shared parking analysis supports the proposed reduction in required parking because the hotel and restaurant uses are considered complementary. Based on the ULI shared parking methodology, the study found that the peak.parking demand will be 110 parking spaces and is therefore not expected to exceed the 75A-11 44VAN6.2617-02, CUP-,Kd. z2017-20,I'&VAR,No, j -Januay22,2018- number kjnj,spac6spirb-04sed.(1'28'sOaQO4 T"he fejore, the te off- street parking'will 'not bedjeteinidnita'l t"hd' , `44c- p Gtanting -a. variance ,Ej for :reduced ;front. "detrji-66ntal to p .on public I-',,Welf@ire.6r Hjudobi,16'-suffth th aa�stsid4.6f Main frdht'prboefty, line,- The _wall 6etvVaeri'6d-&/6 Wibft.s an'IrItbrhal courtyard simil,ar to t a pr Street,' The dreen .parrot: '17eviatio,ns;from'the.front;:y with, 'the szirnb 'bbhe'qt§ -As, many of. the surrounding exIsInj*d-'me Velop __rit p'at in' A along N `0 -1 ' ith.MaWS - wall.heights ;will i6s; , The malpeir ir,es,f4cin.g wo Street wl1-create 20 site at . PrOjOct . s , - 35 North -MO-11 ,tandaed willprdvtdp the property. a )ernes.s% and will:n6t,de'ride 'thei in the ptqjOct!svicinity,.,. 4_ Wlll,the p b uhd Ofyand the;u00Uhdlhg#nmU.h Y? 'TfhP_ proposed -an.pt6hA.nn'h6tbl-WjllI P'ro%60e.-.a service to the.,c_..omm. urlt y ,byproVid upper.='sca16 lodging :option 16 the,bdrthern sectionotthe-City, The,hotilWill Supp MussvmDNtrIctatteadfigRs�such as the Bowers Museum,Xids6un and'theDiscoyer) bringe County and Will provide loddino'opp prp to the City and those and working inIthearea. , , �'Furth'Or', 'thiJ, hote,l,.wil,I'-b'rI,�" 66h-ieedEd'accomm-o a lbdMduA'�and familiesvisiting fhe.nedrbyh6sPifal.clusi6HWOrange;.inqIddirqthet6l Ho�6ltaj�b�6n00,60Only (QHQC) andSt HeAth.hospitals In bdiltion. the he provide de eployment opportunities, spur -de"V6loomeht and enhance thp hot e rqv0n�ebasq� The . _61,Will add'6,oublic behefit through _'Increase of Hotel �/isitors" ,which will: hel . pfund,f6cal, . sbryi . be�s . s . p I ch . a . s,irifrastructur6, lerOrov'dmehts,,new ,public I , " re�eiVatipi h al 'envimm6ntal preservation and increased public safety for, res6nts of City. 'I S rp - &6d to eiWntai the operating 6�pensb� q n'thdroptilid Peeking lot wifl,be reduceA Amendment A011cation The's: u0jb qtsite currently hasr ,two,zoh"irig'de-§iondtioI n-sCom-nj unj y Cohmbr&fl-Musd urri )1s trict J_MO)zoning district on the West ,(apgroxi'mateiY 1.1 acres)iand Professional (0) zoning distrIpt dn, ane least tapproxim4tely 015 :acre's): "Shbe, a6VOopment s .are analyzed' , ,Ao.m,prehen�iVely,thd,Oniireproject .area is1prbposdd tobe changed to =unity C'omme'rcial - Museum, District(dj_,b) to establish: consistent zoning.on the entire development site -@.nd,,fpr 111d,lakigOnd C1 MD zoned pr6pertieslnl 'hel project vicinity,. ISirice.'the'proposed ,zoning will' be. consistent with #fia [ilstrIct,Center'General 'Plan land usb'desightition,staff ds su pprtive of the applicant's fe uest. q 75A-12 AANo:-'20l7-02,:C(JP'Nb,2017-29,.&.V 2 - AR,N, Ib, 01707 Con 'difforall Uie'F�drni[t, A CUP6f-,,iAD,zonifi6 dIeWic"i, My �bqUirh is f6� 4hot6i Withiih'th'e' 2g,ta -CUP 'the! City" :rO (mal , n s1h - e zabili fy to M6 05 W� I ��t , impose. , - re fully W. protects 4c68s.Ory 660dltl.prigto' ensurei that :thp- t, :t.he,projept MA!, .pi,ht6lnits quality, Wef- t,- e EO to ,ensure :6rs ird that the project doesdot .adversely,4tipadfany5Urro40inO PrOOe(ties. -ffeproposed prom the of thb'design stand6rds and -guidelines fora hok6l 'U'sa,'staff Cis sypoqrtivb of th& -c6ndltidn6l use ObIrmit'requ6st, : :varW6691, The appficant is also requesting Varidhces' ikk_ ' d dd`fro forredmecl�bf�sit;qet. pr_?ing; rg w n setback; tj bCK, ih :'and lr�rei�ed"rri cre- Wa 1, heig tjwithiri the-frorit yard ajdr identiftatidn signs;. The. irTdgyjar, :.giib pmfi, td":U§e,, 6r( rfilinb I ofthevarla'ncis. _19ura 1owpr9Po,S.e gs�,sclpp gra ly��, 'Pelo ,as aha d -W, , table 3fiReciudstd&Va'ri - ainims. 75A-13 Undim(IIJE,, Oij(rent,dff:'strbet paW ts;.the' Would requiring 100, __bf the. off-sAreet off-street I - I I -befit Orking render the protect ,* —arkifig,spades Th6 jPi6jbct:j5iop6s6s,".128 oUkeet� In,(ea's le? , _tohol6`l .and,-nd restaurant public fora pafd'phc6.,As -,_- KOPOsedI tfie applicant -s 1Ouestft 'a 20 porcent: Jbdudtio'n',in'-60street parking. S616t.iOpIl6atibribf.the. ;SAMGset parkrftg "to the• prdjezt,11611f�9� d ;due site constraints and 66nitru6 I Thb.WpFa`flhbe House r6t 21-15 Wrth-'Main'Streqit has, Fiant sdibal6k Wpuld, requiring the:15 fqoi;: frontsetback standard A durrent:#Mba.6k of q ifeet, '& triches:. Requiring th , a - render the Or6jkt bpildjhdrelocatedIo meet the 15 -foot setback requirement , I ray-im-pict the architectural ,resource ,and therender shape; , ol Iho,lol IhI, proposecIffqht sqtbacks vary from seven toilen cfe.666an(upclujbtlnij streetscape i)a't;bdcls Visual Interest-, to .the, street !whIch supports the City's design,,- elinesT.. YV@11;'Height;Would requiring -a ",I-he.CMitor-n'--i-a.'BLii(diii-4 Code fisquFres 4 rhinirriurn x1 0 rn of to r foot high 0`0, meet, .four foot hi fi .-W- all ao _around a e6`,safety 6- i wall render the Phzlebt 'f,o feOuiWnenN., To c6nofy wlii;66iIdfng,code the.site 14dasible? -L plan would havb.to ieredesibrddand there arbAimitad ,.` site. plan options available dub- to dlta constraints and ireular. Site'thipe'_The wall'is piopbsed to be7 feet,.6;j 75A-13 AA NQ,:20,17-t)2, CUP No, 2l)1`7.-29,_ VAR''No 2017;07 .January �2; 20;1 S Page;�3 Q" St�ndard�- ... egative Declaration "(MND) arid` Mitigatioh Monttddng -and,'RepQrt'-'- 10619a4e01,NI. ariches consrstjrg dif 54,det of stooe';veneee,, feet of areae of significant im'paCt were'deterrtlfnod,from the ton t" yr operaeon.af fro§led glass .to provlde. privacy to pool patrons TO the: rq oSed pro ect wjth (he ilnpiementafjOnoi the Mitigation Measures: Public Notification wall behvean,,tre historic structures Eras beef. changed C1691 6b Housing on,:NovePnber 10, 20i2:and puti(ished in the Orange County, to'be�Wback,,P 5 feet from lhe.pCOpefty line. -and W6ult i Reg[ster Tile:draft MND was avatiable •fdripublic review al •lhe Santa,Ana City; Watch _the wall hei ht.of'the wall around the. Dol Signs' wbul"d allowing for -,two Allowing four majoreai-rs Wb[ild not rendef CEQA, a lead`agenay,is not required to provide written coriimenlsior'a MitjgSteds [ttajor building,dentlflgat(on ithe;project infeasible However suPportfdr".the varlange, signs refld$f .the pfojeGl request can' -lie. made ;due to the" h`Igh profile Iecatfon wiab a`e: Rifeasible�. and ihefght of the ,proposed hotel; ,the huilding will t7e Approval ofthis itern` supports the City's efforts to ;meet Goal No,5 (Community, Policies, Alble-froni ail:drreobons mc{udirjg the.norihbo' a aitid fioustrig opportunjtles`artd supp6h efforts to,preserve and jmp'rove the.Iivabifity f,- soutlibound f-5. Freeway, Main 'Street, and Buffalo: . �SantaAna:`nef hbbrh'c`dds„ !Public'; Nottnca lair &:G > t uhi . Outreacti� Street, In addiifgn, given ihd,nature f4he,businessx• A;Sunshihe Drdrnan6e _Community Meetingmat held on tMarch 9,_'2017.611 530' ,'additional srgriage may help attKg96moldngls�on the'.1�5` 'Of 'ttie Cttys:5unshine'Ordmanpe_ A total of 32,members of the publlc_aftended.'' Freeway that maybe tray'ettt'rough Orange CgUnt+ Thee ' licant rovided°ail the re'uired',inforrnation to the'Cii" ager lFie meefn' wd,irirneed ofilodgiilg; The appijcanEis requQsting;four- �si lis•thatreatl:°tdamiptonInn `oriep4elevation Table 4-,CEQA. Stfatqtld Plan Aliahineirt, ands Publtc Notification.&'ComrtiunitV Outreach. " CEG2A; Strate"i'e.PtanAli`nmant:andsPutlicNotificatioiui&:Calt'tt1tUI11 t.OUt each'.. CERA' CgQA Type_ egative Declaration "(MND) arid` Mitigatioh Monttddng -and,'RepQrt'-'- 10619a4e01,NI. Program Envjronn7enfal Review No 2617;6 Nrere. prepared; for the proieot Ng, areae of significant im'paCt were'deterrtlfnod,from the ton t" yr operaeon.af the: rq oSed pro ect wjth (he ilnpiementafjOnoi the Mitigation Measures: Public Notification A notice of intentand;draft MND was circulated to Interested patties and -the State' C1691 6b Housing on,:NovePnber 10, 20i2:and puti(ished in the Orange County, i Reg[ster Tile:draft MND was avatiable •fdripublic review al •lhe Santa,Ana City; HMI,!d(y of Santa Ana; Main Library,:and'.on lhe.projecl tivebpage on dhe Cily's website -Seven letters were recejved In .response t6 lhe_Noti6e of Intent UndeF- CEQA, a lead`agenay,is not required to provide written coriimenlsior'a MitjgSteds Negative :Deglaraiop; however a response td the comments :as well, as refinements ;to 'the' MND" have be prepared •and are, avajlat?le 'on 'the `City?"s wiab a`e: �Strate'�ioPlan:Alt'nment'` Goal(s), Policy or Approval ofthis itern` supports the City's efforts to ;meet Goal No,5 (Community, Policies, .Health,'Llvabllity, Engagement& Sustains)iility) Objechve No= 3 facilitate diverse, fioustrig opportunjtles`artd supp6h efforts to,preserve and jmp'rove the.Iivabifity f,- �SantaAna:`nef hbbrh'c`dds„ !Public'; Nottnca lair &:G > t uhi . Outreacti� Required Measures A;Sunshihe Drdrnan6e _Community Meetingmat held on tMarch 9,_'2017.611 530' p;rp. at the project sffo;:2129'North lviajrr5treet, in agcordance wdh the provusiorjs 'Of 'ttie Cttys:5unshine'Ordmanpe_ A total of 32,members of the publlc_aftended.'' Thee ' licant rovided°ail the re'uired',inforrnation to the'Cii" ager lFie meefn' 75A-14 AA No. 2017=02,;C11P No.<241!;2M:& VAR, No.' 2017-Q7 January 22 2018. r „-" CEGlA;,Sttate tctplanAil n`menta=andi?,itilicNdtlfiiiation=&Commumty�;t)utreaclj" Exh1b 1'13 ,-. "A OW notice was mted:dh the pr6jectsltd,an Deaehiber 1;x201.7. Notrflcatior by rnaWwas'rhailed•to all property�owners and:occupa,nts:'wlthin'50p feet,ot�the-proect;ehi;'on;Novernber30,)201`7:. WWspapegb' stirig was p`ulilisfaed `in'the'Qrange Courily Register.on December 1, '2417:. Sunihihe Ordinance CommunityVeetlng . 0n March 9x:2017 kfie applicant held a''StinshlrieQrdmarice GorrtmunityMeetrng at, ptoJict" srte,:;2329 North Main `Street, .where,'the developer ah- 'architect presented the protect and - received feedback fCorTi the cbmmunity.. Approximately 32 residents anti pusiness owners attended `fhe meeting. The �rnain questions ;and comments of those rn attendance: are outlined below; wrtti information'ort how the pr6 6ct;w4s.revised to"address 'concerns:, 9'..'Mastr"e,Cty sold;fFie.parking 1oYantl'fioW Was #lie public _noticed? ,ofi the City' et was published, in the -0 ry DeVelopm$nt Agency is At the 1rveptembdt20:16',put ?ase of• th`e !property The a escrow Which requires; all en ,to negotrate:ttie sale dfithe prdperty at2129:NortH je-County Reporter -on September 9, _2016, Thg, re agency responsible for managing City -owned hearing the.,CityCouhq-il voted,to;appro 16 the'.Safr3 isaction,whl;,e'completed upon.the.close..ofthe rnents to:be,dbtained; 2 Is'aile.City:gcing tc.pro'vide r"eplaceineht parking m tti'e a[e�?. A replacement parking .lot•andlorparki,ngsfruc'ture isnot; proposed as'pait'ofthe,protector`by, :the Cityr. B,asedoh.an analysis V existing public parking. in the area, there.are 20 offsireet parkingspaces in 'a public parking loLsouth of the�proleotsite-at2011 N�o'rth MainStreet ancJ 16 on -street, 2-:h6ur.parkiing spaces on'Main Street:' Wowever, ko off-set,the loss.of•the public' .parking lot; the Public Works Agency, has added a condition: of approval' to .festiipe Buffalo Avenue between "Broadway ;and Main., e6t:6 create app.roxirriately 10 on -street ,public. !parking space's. In addition, the applicant Bias revised -heir plans fo vnclude a controlled access:gate'to :make off-street parking" available to hotel gues1s,:restaurant"patrons and;ttia . public.ror •a paid price. ,3: Will�llle hotel •alio+,v fpr long-term stayS? No, a.lQng-term stay hotel'must coritain"a kitchen in the,guest.rooms. Furth_erinore; rooms wjll .nolw be used .as a primary residence `(exceeding ,28 ,consecutive days or 28 days within. 60 consecutl'v(.j days):" The,fiotel will be ysed for'temporaryor overnight:'accommodatlons.only;. 75A-15 iA,Nc -2017-02, CUt? No ,201 29, &VAR No x2017 07 Jz.muqr,y'2,2,- 201, 8 P;igd 12. cari-chis'lon Basgd on the analysls'prov-i-ddd"- w'b, ir this r6port, staff recommends Ahat,. the Planning hq njeoornn�opd that e -City Council adopt.an.ordrnance approving,,E R&WeW,N& ,:2017 96 1AmqndmpOtApplication ,N6,:2Q,17-0;;andaO pmv&.CbnditI I'Use PeirnitNo.-X17-29..andvad6 coNq.'201M7As.'cc dIU6 '�d. -.n r . ne- 5eleria.lteiaher, AICD ,v. Ass.pciate Planner. :SK,jrn, 2i7q N ahlbljts:: 1. D'raft', Ordihahce-Environmental and Zopethancle 2, Draft Resolution Condrtiopal Use P,Ofimif 3:. ,Draft ,Rd§6UI6n'Vafiah66 4; VicinirtyZo'n'iii.giaqd.,�VdriaI View Map 5;,,sIt6,p�iotbs, 6. �,'9-ltel Plan- 7- FI&O-rpiahs Elevation's. s -atiown. .. I V.,,:Renderings; 10', `Z6fii*69 ma'O ill. bra:MW16�ied N 1Z.Su , ns hin e'Mee , tin . -- ' ' ' ' - - 'f 13., Re�pqihs-e''T'J`O-M f '14., 'R ' esOon�,e from 15,,,,Updated 1.6.. 'UptiotbAiShAre'd Declaration 6om,Oany' 75A-16 "oRD1NANCE NQ:.NS=XXXX, •THE CITY• :GOONCfL •OF `THE CITY..OF ,SANTA • ANA DOES+"O,RQA'IN: _R5. FOLLOWS: Section 1 r The:City°,Council bf the,,.C' R of Santa Alia. he_ reby, 6hds, detetTnines and xdeclares as fblloWs_. A.. d ,as'"Applicarity'as".filed ty'of:Santa Analo,'change. properated,=at.'2115, Ssional,.(1?}ties.J•o'v,tii`'Eomr -'U B:, The zoning deslgnation"of CommUnity commercj -1 Muse (i 1` District: (G7 MD) is consistent Witt'•the `Geneial ,Plan land use designation of Distrjct Center (DC); Districf i'Genters :are designed" to ser Ce,as.`anchors. to'the',, City'sr=commercial c6gfdors.:and•,to"-accom(n6" niajo`n ;development' 'activity: - CY The n6Wwzoning desiooation (C1WD)'Jor.the entire development site. at, 2115, �2123r and 2129" North ;Misain Street cohslstent -0jhe proposed:- deVelopmetit pfotect and the" propertigis scurre_nly"zoned'C1 MD in'�.the" rmmetlate vicinity of theproject site: D: On Decejpber 11, 2017; ,the Planning ,Com'missibn held,•"a duiy, noticed public hearing "Atld Voted'td recbmrhend that the City Councll adopt an ordinance. approving Arnendment 'App'Rcatlon .No 2017-02::which, "- -IS• consistent with .the'Gene'raL Plan. At. the December "11_; 2017+Alarming I CoMrT' 49slan rrieeting;the Comn isslon co[ tinned {tie item to the January 22, 2018 Planning Commission meeting .and `asked for more information - on the [mpadts-of displaced• parking; the sd,uthbound iMain,'Street" leIft:t.Orn movement into the prdpertyand revie,W of the security measu[es. 'EXHIBIT 1 75A-17 OridltiahceNa. NS -)(XXX 'Page -I af5 ❑_ 7`he tCity,Council has reviewed,applicable general plan, policies and -h'as deterriirn1 d ;that this proposed _rezoning, is consistent with the puipose -of. ,th' :General Plan',. 'E,. The City Council-;pnor to,taking' acGon_on'thls ordinance, held:.a dUty,rloticed public:heaflpg on Febir�ary.F>','2018; F_ -The,dity Councjl also adepts 601riding011 facts piesented fn the Request for.Cquncil Action dated February.6 20'18 accompanying -this . ,niatter:, C.. For thds''eF reasons;, Amendment'Appllcation No .2017 02, is ,heteby,fouhO and; deterrnined to be conslstant.with theji0tent grid purpose of Chapter 41 of ttie. Santa Ana Municipal Code thus., changing the. -ming district is found 'to'b0 consistent,with the. General .Plan of the City of ,Santa. Aha 'and otheitirise justified by ,the, public necessity, convenienoe;, and general 3ecu6n2. The Pianhing'Corn missioh'of the. gi(y,. Santa,Anasredommends that 1,Couricil adopt Mitigated Negafive D6rlarabodi'En`vironmental ReView.No.'2017= adopt'an'grdinance rezoning. the real propertyllocated 6i-211.5,'2123'artd 21.29.' Aain Street -from Professional (P,) to Community,'Commercial Museum District (C1- his;recommendatton:is based upon fhe evidence sUbniitted at the''above said -which l?cludes;'.but is.,riot limited -,to; the';Request'forCouncillAcGon dated' ry.s 2018,-bqd'exhibits attached thereto and ,the(public testimony, written and' I of -which are, incoSpoialed-henan by this reference. Section 3,. The _City Council has reviewed and considered" .the, info,rmatlon� ,ontained rn ' .the initial study. 'and the mitigated negative declaratr?n, pN,b)ttnelronriient4FReview No.,2017'-96, prepared With respect to this pro)gct. The. City Council (ias,:as a'result of its, consideration and'the e ,dence,,preser ted atthe hearings -an this ;rnatter, deterrrmined' .that; as required. pursuant;to.California Environmental Quality Act (CEQA)'al d'the.State CEQA Guidelinest a MND adequately addresses the ,expected' environmental :Impacts..of •this prajec;t Orr the basis of this rewew, �ffe City'Council .finds that with ,the .ir pOem'entatian:qf the Mitigation Monitoring and Repoiting ,P ograrri there Is no evtdence from which it can be falrly>argued that the, prolect'wili have a significant adverse effect on the environment `The City ;Council hereby•certifres'and approves.the MND and directs that the Notice bf'Deteimination be prepared and filed 'with the County' Clerk of the 'County;of' Orange In .the. manner r eoui f dd Eby faw. Pursuant'to'Title XIV,-Caifomia Code of Regulations (CCR)+§", 355(c)(17, the City Council has jetermined tiiat, after.consldeiigg the record,'as a whole, there is no evidence that the proposed. Project will have the ;pofentlal 'W,any significant adverse, effOc ,'6n ,wildlifec•:resources or the ecological habitat upon which wiidlife ,resources' depend,: The proposed Project exists in an urban enviroTament.characterized by paved. concrete,. roadways, surrounding buildings .and hurnan.acflvity However; pursuant to Fish ,and .(5,ame Godes§ 711.2 -and Title XIV, CCR,•§, 7,, 5, the, payrrient'of Fish and Qrdhance No..NS-,)(XXX Page 2 of 5 75A-18 ;:Game'DepartmenI filing ,feerns conjunction ,with this; pt6tect-is. at fhe',rljscretlon;of•the State of'Cailr6niis.Department of Fish;.:and:Wildlrfe: Section 4� The:frea il property, located, N at `21 t5, 2123 `and 29 od Maih 2t• Cf raof�°ill. Cne.fn 'A •.., ,es 'L..e... r.,. �_.-..,___.r._v n_ • _ n � _.' ..-; `-t ..r _ .. hovrng "tire atiqvetescrl+bed changes in use district designaili6h lis herebyapprtiged and attached''hereto:as.Exh(bit,•A`and incorporat�d_tiy this'i`eference:as though fully sef•fortti Section 5. if any gectron . sGbsectron, sentence clause, phrase o&,pdriion of atilt ordinance"- fior. any reason held,to be Invalid or unconstitutional by the decision, of any court -of competent iurMidti6n, :;' uch-decision shat not.affectthe,valldit:,of the •rermalning'portrons `of thd.'wdinance., The C('ty Council of the city o f Santa Ana h6iieby declares' that it .would have_ adopted this 'ordinance, and each section;, subsection, sentence, .clause, pftrase.or portion therecf irrespectl4e'`of the fact that qny one or rn0e sections, subsections, sentences;, claUset, plrases;at portions.;be declared 'Invalid o'r Section 6 The *(Icant agrees to indemnify,'hotd .harmless, and defend the city of Santa Aha, iEs officials; officers; agents, and employees'frUm-any`a'nd'all,liabrlity, claims, ,actions,or proceedirigs,thabmay bebreughl arising cut of its approval'of this. pCofect, and any,approvals associaked wdh•the project, including; wrthoUtY frrittation; any environmental review orapproval, excgptto the extent'caused bythe solelhegligence,'gf thw,qrty.of Sania Ana,, ADOPTED thEs d'ay6f; 2018: APPRQVED.ASTO FORM: Sonia R' Carvalho. City.Attorney; - Usa'Storck Assistant City Attofney AYES:. Coiincilmemhers• NOES: Councllmembers; MtguelAr"Polido _- Mayor I 6rdina6ca;116, NSXXXX` 75A-19 Page 3 6f ABSTAIN". . I pt -P RES'ENIV ;C16jAci lffi6rnoers 75A-20 Ordinance Od. NS-WX Page 4 of 5 CERTIFICATE OF'ATTESTATtON AND ORIGINALITY h',MARIA' D;,:HVIZAR;,:Cte k 6r th-6"" a ttached'WinanCe No 'NS fo Council Of the Goy of $ants Ana bn1 !publisheoln accor.danedufth`the: Chart pate; , 'Clerk.ofthe Counell_ ,Clty bf Santa Ana 75A-21 that1he it;e .fifty ice was', Ordj*ce'No.- NS-XXXX, Page 5 c '.S RES 0L0Ti.ON-No.,1oijawXx °'F_F 13E IT R QqNIMISSIONN. �.,P TME' CITY -0 RESOLVED BY `THE;' S-, determines 'anodeaM.,res asjql[00� d -das. "',`Applicant;;' is, A.� Net bbvel�prnen� -Company; hdrn.after, refie,rh4d 'PIid4h-t;:' _1 . 'hereinafter I Permit - rqqop�stinq: ��,ipprovaj ;'pfonoitionAl Up,eI'Pqrmit conclitio'bed,jo '4owi'tha d6rist(L-ictioli) "of foot roam hotel agd rqnt brI 9'q6 t.2i, 29,1., B. -sa' n't� , An, Muhlcio-'al, Co'd S'ebt'i 6h'Aj752 tecUrds ,appr6v of;q conditionpermit; for •a, hotel 'within the, Community Co_ minercial- Museum' brinuhY'Cofnffib(ciiffi- eq(h' District (C1 ',M,D) ".m9irig,distrJet. Q. On, D6c,ehh,Ueir` �! 1, �,2_61�7, the Planning -,06mmiisidn holda, duly 'noticed; ppbli6 bearing foe,Co riditiorial Use Permit No 2017 29 -At the t "e :b PC m Pr 11 :'2017 a6ning, CC) nmis§jon (pep iqgthe. jjern,4ifie..J�n6ary '�*'Z',"2'0'1'8''Plahnlhg-,Com-r - -,-- ititdbd,askqd: for more_ -1 � - . January - impacts ' ' I Morellnbttfibtbnon tfie"L maji�n')§tred:1164 tu,r,h hjqveo-eint'into the 0,roperty,an)id'(dy1eWbf the security D. The, Pie'rining . ccirri'm (s*,slon;df the City jpf 86nia ma 1hfdrrfWioh .and determines; 1hat the'.f6ll6Wlnq findings, which} inost. ',be established. d. In order to grant this ConciltionalAi * se Permit '10,ursuanH9. Section Kt�, Aria Municipal i b6d6� (SAIC) �)n ' t §e _. 41703 hotel :use: I.. That tfie proposed' use Will 0 rq'videi b, service or, 4cii1ity Mich Will,' contribute to the gqne'ral well, being of the neighborhood,'or The proposed Hbi-noton inn hotel will OrWde 6 service to the: comrriUnity.'b,y,'Pr'oViding,an,Lipobr- mifldscale u qjnp, _"option in, thd,hoqfii6M: section : of the City. The hotel Will suloPoft th6_ 7 i'�' Museumpjst'ridt and the 'commercial t.1ses,lj(he,area ep .by' pToMin'g lodging opportunities to those visiting and working, 1 , n the, area: ,Ln addition, thlef,'hotel. will proV'1cIe"6mPl0y'mP'nt opportunities to residents that live'in -the City.- The site 'Otah� EXHIBIT 2 Page I 6f 7 75A-22 'Was designed to -minimize impacts to thb� surrounding; _66 rief.ghbo,rho6d - by oladihg Jh6 cb P a!,, b6ildlogs al6pg Main Street away fhjWthe professional drid.paWef tial'o* .81* .,allowing jdr paid. parking -arid elimineitiq ;the driveway on RUPh,;_3t;e q,t (emergency vehicles only) y) to reduce, th, e, arn o u h t -of par'Af That the proobi6d use particular case,. pathe :06(ftAntal. health, .6afdtor�9erierai V6.1fare bf. R8Ps00s,r0Af0ibg, ofWbMog InAhe'yidinity.. The .proposed' H amptod, 11 hn,,'hbtbl ."Will L nbt,bb_fc1dtrlme6tal;th persons .'res!66,.or working 8 Irking In the area: �`, , ', " detrimental, 11 Conditions ofapproval and a'MitigaV6h_Mbn1t6 Pq r1hg.' -6 R-" �h have bee'n' potential, eportingProgrp iiitjpacts from the' hot6l-.prcj6ct. The pr6jebt.-',*iI ",the;California U l4in.g.'Gbdid.and' .., I P' ublid; Health :Agency regulations: pigUIatio s.ln,add1t!on,mitigation neasuresIicl6d&gubffittat '- Of aspiI5 managPm6nt-pl4"n as Ot's- ' 6' iaiid;ibaf6 6rtj lead. !sJrvey, .and, „abatement 60 MpIian qO, With' _noise regulations; nd-8tTbtimppv6tOhtE, Nt. the - Or6IJPsed use Will n6t.ddVets6ly affect the present j 0do[lomic. bi 609M _P.PPPMPM� P 'Property 4h thO' sta lily or futtifet bd tUrrc.Jund irig.-area., The- prolodsed, Use will •661Ahe present jJdVq , rs0ly affect , property in the sUrrtlunding urea parking lot, is under Utilized, wittj development -ft- b q ,e� ring 'City that m* �bf the s Ing 'visitors to j _shop -bhd',d1nqat,1bcafl bijs'in-'es's"e-s,a-tid-therefore, -,corit6buto fa, eponomic.cJevelopinent of area;'The: hotel will 6e 8, The I -, - ub0cl: to the City's Hotel Visltors!'Ta ' k-ordinat6be donfributM610 :city revenues -and will "t6'du'db''.-th6,:operating 6x �p-.the. Used to.Malhtain the, p0blic, parkifigl6t. The project will provide logging ,Qpportunrtiesf�rvl�liors'-t6,,Cityatira'cii” . 11 - orip such-as'the, Bowers Museum, Xidse'u'rh'� the Discovery Cube Orange tbunty,ltb those,'visiting 'nearby' hospitals ln:Orange'including 1." . . - . � C, the 'Children 's Hospital'�O(ange oqnLy .(CHOGf -6na St.. oseph , f, , , - - .a,: t" ,County Joseph Health la�d,qr relsi ens.,and businesses the City,. . - §es thereby Wjnf6rc!hdAhe:ifnage`&f s6nta Ana: Within Orange :County, 'That the propog6d Use Will t0 comply with themoulptlons andt6hdib6hs In 1 - specified'in this is chapterfor such use,., The ,proposed project will ornply, With the, regu . lbtibh and conclitio4s,of lfq Chapter Municipal T of thie SLanja Ana 'Pode, 'Resol.ution No, 201 8-xx 75A-23 PAge 2 of 7 with fhe'•exception.of the.proposed:vanances. Th@,project:ls,. also'ln.cdrnOlra'nce with'the.'City's Hotel and Motei;8tarida,rds .with the ;0xceptidn of :building ilandscap'irlgi widths of pedestrian Vvalkways and'the size,of the conference roam:, 5. 'Th'at.the pioposed use will�notadvers_elyaOectthe'gen@ral plan, f tile= city or:any'specific,plan apphcatile to:the:afeaof the pfoposed-use. The'Harnpton Inn by Hilton tioteCwillsupport several;goals, and. polrcres.of the GelieralJPlan, Including Goals,2 and 3 of he. Econorpio!Developinent'Elein,ent to maintain and enhance the diVeit ityof.the City's ectihomic base and increase :ants `Ana's share of the reglonateconomy,.The hotel will increase Santa A'na's contriWtlon 64,theI-hospitality and tpuiisni sector of .the regional economy •and will be subject rto the. City's: Hotel Visitors' Tax; generating revenue for the City. The project also ,supports; Goats. 1, 2; and 4 of•�the Land, llse Element to encourage uses that promote"a'-Ualonce,of wand• uses that; address. basic.;commum y,+needs,,;pmmote .land uses whlcii enhancethe Clfyseconomic and fiscal viability jand to protect and enhance' development saes and districts which are unique community assetssthat enhance the, quality of life. The `site is'locate'd off an ar erial .street and is :easily accessible from 'the 1.5' Freeway, making it a prominent bwlding,within,S'anta Ana.�The d6v616prn6ht Nell rehabilitate. a: propeity, .that Is' underutilized •and Wrll 'Increase capital. investment.. Two �hlstorjc structures; the MacFarlane and' MOW n ,Hduses,,ivill be,retatned; and 'reused. as a restaurant.. In additjon,'the'hotel is In character with the Musbum'Distrir t,. an office: and cultural center that ;promotes vi§itdrs.;from outside of Santa,Ana Conditions of_approvai�will also ensure that. the. project remalns•,cornpatible with sUrreunding land uses. E. Mitigated •Negative Declaration (Environmental..Review No., 2bi,7=96) and a Mitigation Monitoring andReporting Program was prepared with respect to chis project. The •Planning -Commission has; as ,a result of its consideration of the record as,a whole and the _e `denmpresented at the, hearings. on, this .matter, determined that, as required -pursuant .to the:Cd06'm' a Environmental Quality Act •(CEQA� antl the'. State_ ICEQA Guidelihes, 'Environmental Review No. :2017-96: meets -all the requirements.of CEQA. Section 2, The Applicantagrees to Indemnify, hold ha- r'mlesss and defend the ,Ctty of Santa Ana, its officials, officers, agents, and eriip(cyaes, fromany and all'liability, claims; ;actions or .proceedings that inay, be. brought ansing out of its .approval of -this project; and' any approvals associated with the, prgject except to the' extent caused by fhe sole negligence of the City of Santa Ana: Resolution No. 2018-kx. Page 3 ar 7 75A-24 Alta i D ec'e n- nfihl AE )GOTEll ll�l 1 9 . .2,day6U Cd A - EN OPT', ffi d 1 S]0Ae§ .-AIWENTION8: I I AP,O.ROV0-,'As:fb'POfR' ; so-hj'a' kb mey., girvolho, - 4y'Attb - - - E(Y: Llta'St6tk A4W_ntClt -A y -4orn , .of the. 0"Wo f. .Sa I'Use Permit'.Nd. the [6i � the, iQhalr' I P��&' orbl, zill O� Vick- IOMANDJQRIGINA'k�', fRT. .,TEiQFAT.TESTAT H, I -SARA BERNAQ,C.bMriii�t!6n-Sdcrbta�ry,�dd.herEiby6ttdstio.,aiidrertify't.�i3�attacho-d Resof.utlbn No. :2011�-'xk,' to be the 'original rasolutfan "ad'op ed � by.,jh"_' t ' q,',Pl8,-nning. 'Comrhission'of the Oty: f 8 'gn o , intaAna n.Jan_,ua&��2,4,01,a 75A-25 &X' «6 4 of Date._ _ �Corrlmission Secretary=- �city of Santa Arra i�XH1BIT=A 'Conditions'for Approval forConditional'Use Permit.Noa2617-29 Conditional.Use Pelmit"No, 2017-29 for a,;hotel located , 129 Nortli.Main Street.is. approved'.s, ublect'to d9CnAliance, to the reasonable satisfaction "of the Planning Manager„ wEtFi all applicable 'sections=gf the Santa Ana; Municipal`Code, the Califdmia:Atlministrative Code, the Galifomfa Building Standards Code;and.all other applicable,reoulations. The Applicant must complV1h full with` each and every condition listed, balow. 'rip o?,te_ exercising the fights`confeRed by this site plap.revlew-and conditional use,permlt: l; All proposed site improvements must conform to,,the Site: Plan Review (DP No, 2017, 07.) and the staff repdrt exhibits. `Conditional Use Permit N6..'2017--29 shall hot be effective untit.the Historic'Re§ources• Commission. retiews,tl a eXterioY;rrSodlflcations to the: hlstor e,§tructures'atid relocation. of the historic sfriicture at, a public,he5ni g and issues a, certificate of appropriateness, lfsaid, approvals arebeld to be,inv'alid'or uhc6nst6biional'by the decision of any.court of competent jurisd ictlon,. or otherwise denied then this'Gonditional Use'Permikshall be. null and void aod'have no furtherfordeand.effech •3. The Applicant shall 'comply .with the, Mitigation Measures within; ;the: Mitigation, Monitoring and Reporting P.rograrm,preparedforthe;project, 4. Any amendment to, this.conditional use ,permit mutt!be. submitted'to ithe Planning Dlvisiot for,re'view,Atthattime,:,staffwilldetermine;iFadininistrative.reliefisavailableor the condltional use permit must be amended. 5,. Prior to. -the lssuance,ef.a building permita lotmerger:shall be recorded,. 6 Prior'.,to_ t ie'issuance of a building ;permlt.a' Public, Art'Plan must ;be submitted to .the Planning Dlvisidn for review and approval. 'Res6lu6on Na,-, 2018-)& Page 5 of 7 75A-26 .7; P the issuance of -q� I build0b per flit; .6 lt,!d.l hg -shrubs thatare plantedhl 0 • g the, 9 th6 nor to' ;and ad ..te.... wallfjdnb Bush Street and irdq!Uon.is:to,.b6.§ubmitt-ed.f6-t r. revien approv, w 6��val. The landscape plan shill-cdWrni tb,t`6 cpni(�e6al 196dkbpe• standards,. fe ' Qfiywide" bestph ,Guidelines afid'.,thb' CIty't"W6tdf�,EfflcldhttLbhd 8FHQH0ie'issuahceb I a certificate of occupancy, the Appilcant-shwi provide-, Parking Management Plan., Included inthis Plan, hall be.a commitmentonbe6k,of the-bofe(. .operator to provide parking p't_R p meL tb�tauepn * nd"P-q b_.i,q.pa. Irons:; 1. :SubkttOd platli tn*u-si,,ihdicate,'th'at'ElilI structures -a'nd ;Pa"rkin-g, 'lo"tS,'GO , hipt . VWth'Ih8, J 'provisions. of Chapter 8; Article 'Al`, Division 3of 44'Santa Ana, p4-:6.6-j da (Building All applicable,sectlo s, ntd verbatim on - YoursubmilWset of Plans, 1-. iRecoM_ a_fi`ieab'e'ment f6r 6,publpublic -I ,-around 6rea ,- At-Ihg the public alley; The tum -around area WRII_6fhainta1nedby th@'DpyeIopAr. 8.1ProV'Ide,6,1ettEfr-6f adknowlqd_gOn*6t-anaAPptdvAl fr6m adjacent ' .'2101 prDp 6r.'t ' owner :for 6 r 41�6�f6n6yhl 6 the nofth6dy;drlv6"Wat,Nqrth,M6ih,Sffebt. 3. ;Depict "and ' on bill Ify, PlEiri,tfid, relocation of the water rh6ter,a6d,,v6uli thafjisl -proP'us`ed,,withln`the . -new:20-feei wide,' . p Ubl . fo Uti I lity I easement � PI I ain6' . it wIthin a I ,neWp6piout -, Q asern'enf!area �6f 'adequate. size,I h&iadbnf,t6 4 6W 6, J. qsed 20- feet utility ea'seTn'ent p,Veferabi ly:,in,ab elevated: a4d,p0toct0,6reo. Depict dnd ndte, on 'utility plan 10 -feet long, water pipe encasement ifdr a .portion of the. new. 12 inch` `public water mainbat will be underneath the, r(OW6ftli- wall that' surrounds the',,Qul'de-s6,c' (546e! �on:e.ach:S�Ide"01116. new- birick,Wbil), per q 'Standard No., 144, .1 1 1- 1 ity,, 5, Depict and n6te on utility. pl6n, tli& construction. of'a inew 8 -_',Inch City public sewer main, to connect .:the' new -City manhol&i.aj 404 fe6t south of - c6hWkin`� -of . Buffalo Avenue) - to the existing Orange . County 'Sanitatlo_ Districts n,,(QQSD)'rnadh6le located at,appro&nately- 4P!'-feet,south of Pdriterline:bf Buffalo, Avende "oer-66sb- 0 6. Record 'an lagree?04ht, with the 'City f9r,access fhr6ugh� the si terminus bfih - , i- td from the nb.rtheo .9, 1 6.allgy -o Main Sll�edt. for emergencie�,'traslq, and.,Utility'tr�qlSs�,.Eind!City maintenance vehicles. Re�blulloq' No,, 2018-xx 75A-27 Page 6.0f 7 7 ,Provide restMping, �uri� rparking and signage to'alloyY pat•allel.stfeet,paf�Cing,adjacent io the south'cu b oFBuffald Avenue between Brdadwayand Main.Street, Resolution No. '2018Xx ,T Pageal y 75A-28 A 'RESOLUTION. OF THE dItYb;SAkT, IN= It_ ,.'KANNING'.t COMMISSION .,blz HT 'IONS AND AT2,1150 BE IT RESOLVED` BY THEIP'tANNINIG d_bMWS.SIb.N',bF THE �dV'OF SANTA ANA AS FOLLOWS. !Section 1w, 1.hp'PlarjnjngQ !',o' mmissio oftbe�.Cltytof 8intwAna'Kee6byfind determines and declares A&'fobws:: 'N A_ rbfefred - as', Ai�pllcant,:' is. reqpesting ap pr pyal 2'61'P' c6iidiv _oi,Vii�la ce �N &;ai� bred; to A116w thet ructibn .of a. 6ik-story, iad 73';322 �squp�rq� foot', 1,35-rbom. hdtel' and restaurant on .9 ieS'4.21A6 2123 b.nd,21-29'North ,. . Main Street, Pursuant..td SAIVIG' Section 41-,638i the. Planning 'COMMISSion is authorized to rikeW..and �,a�i:iprove. the fb1I6VMg variances: f4r',this pioj6ct a re8dobb the riijt�i6df��6f rbqured'Off_�tr&6t r !ng ,rl -,pa k spaces, 6) reduce. e Appq '9' f setback, the nt ghts�,,inqd) increase, the, 6 bf io;ioentifiratj9n 1§:,6s set:fbr:h.bvthe ,S�an tb,,Ahg �Municipal -a r9 Code AMC;" 'G. Variance No. barre before 66'Planining'Comilhission bif the 'Cty 6f:san,jq Ana� . .grvbe �Qem At 6d D the er;hlbee.11,1017" 16-. q -I 61hg C6ftiffiI§slbn. rbe6tiog!theCommission, ,cbnI:1nLJed'th6.item to, the January 22.'20118 Planning Gorriftils9l6n meeting and asked:for,more. in ormation on;the'jmpa64.-6f. dlsplaced':lp' southbound Main S eit, t" .�rq�etj turn movement' into the property and review -of' the.s6curlty measures: D. ThePI ' anning Cbmmis ' s ' 1r ib * n �of 'the City of Santa -Ana _has ,corisidered, the information and de,teem*,s that 'followi6g findings,. Whch trftst be. established in ordi�FtcOfa'ht',Vari6hce:NO.-20-1,7-07, h.a,ve*b0eh*I:a, , b , Iish.eq, as reqLjirqd b ci-,6M Y SAMC So fl.on 41 1 That'because of special' :circumstances applicable' to the subject property, Including size; shape, , topography, Iddaflon ',or 4uri6vridings, the strict appli-catlon of the zoning, ordinance is found to, deprive the s0ject-'property Of privileges not othpiWi.se.,at 116solution,No'. 2018-xx 75A-29 , Page I of 8 Miance-,with; the Went 'and purpose O'th6, provision' of tf2fs 'qhdpter. jj* Oiroldd :s46;1h6s. 6 46clik.6rduinstance related to #s: to c -'a i ion , a'hd surrmjh`dinos. The project is -bound by the Santa - ' ` 8) ' r�- 1hd "north= site 11 - -" - ular Aha (k5)�� FrbbWay e site s,,an, irreg •shaped lot., functional siteCo61i U, ratlops fqr@. Engineering Group,.lnc., :has `concluded that; the .proposed h t't - t 60 bet,,bf par.kii ri-blte*ill be sul�i1deri,,,q 'meet the'-- jak,-parking,dismands of'the hotel and rostaurant'As'a r6sult,,66* 'parking: variance will allow"th'e'Applicant.tlie ability' tfiat1� consistent J�a to use 1he,property. In . a manner surrounding d6m*mercla I Ug*s _b) Thi�',v�tria'hce'.fr6r�,the ',fr6.6 t =y*d-_setbpdk�: reoUlr6rne6i i� 1- 1 11 7 11 'i _o I - ` -f 1(he; Mac!Fq_flade,�kousq'� --ah, dud tootle existing �oc ati an o a's-a restaurant :in an effort 'itci,,,'provId'e an,;-undulatilng streeiscappi, the ifront 66 reb, Oiced4b swan :(7pfb '� .c): Walls in fr6nt,yafdS are. limited ,to f6ur„(4) feet -'In,,h - eight, The increase, n'_wall �kiiiai6ht-(o i6V46JO4, six.Jfthdi'(T 8”) li dUe to Ith& strict •applIcat , ion of California Building 'Code. rp-Oulrbrribiii't's, fdr!'p6dl safbty' and to .provide .privacy to pool-' .patfo-6s,. Th . e,wall "height for the resta4rAnt.ld.eok:'will 'rna(ch, the pboll'wall . to ke'e'o.'a"un'if'oet'look -,�16n.O.the, -ti(e6tsc - a'pe. I h a I ddit ion, t 1 he - suftojund ing,p rop . erties als�o do not 'r�.6etihe',-1 51- foot '96 tba ok requirement; !hereby• making Jh*1sprcjqct cdhs.isten_tvlth its' Sur,rou dind-Aevelopmentp:aftern. '0) 7hd,bu1Iding,e(bvdti6ns are visible .from all1bur'dir6cilcins prid'frarii,'Ahe- highly - 'traveieO� Santa Ana (h5), Freeway; Me to.the , high ' visibility I of the signagehot.eli'ikie-qUes-Ite-d' foo:Pllll 'four building' , elevations iI., pleVations to�.fo'r 'long--distance identification and to attract motorists tha(May, be traGeIi thoughO(En§e,CourtV, That. the granting a variance is necessary for the prqsqrvatipn 6nd,,_ehjoyr9entofone. (1) br-rnore substantial property rights. The &aht1rigqf th16 varianceis necessaryfo.r. the preservation a , rid enjoyment of substantial property rights:. a)The 4grahting, o6 the -parking, variance, Will preserve the property-dWrier's ability to develop We lot with abohditi6nAliy Resolution No. 2018-x X 75A-30 permitted use khat; will assist. applicallb -par kl ng stafda'r�ds,WbJffj testift in sIgnI ic 0-h W ,plane -and increased cost�j&j i hWou0fphdbeffiep pledtlinfeasibld. , 0110,011'Wipitop4�-_w . rty;o ndr.to, front, seMpc;k..apuld _ imp . a . ct",thq, bhafbctef',6V structure and Would' be a f naYlcial burden. P) Th#:inc-re-:ai6d IWallrh-el9,ht'_-Wjll_ -i.l-loJw-. t-h,e-'h6fe,l to 6 r071 site amenities tq,victors such poo anI'bUtdd&.dining Ot64llPUe,t6Oitb,s!2e'and.configurbt"oncon.,t6intsth:proare' : limited siflng, _ ;planning �-op , I � . I "ilons[';aVailablO :to_jprovicle jhbsd, pptdo.b amPM16%. ,d) The increased major !(d` pnflric46n sljn§. WHY,all6w the, ofpetty ''-p,�wner,'thp,nght,.t6i,pe6ffibi6 hospitality 4q,d lhipf6jV6,66ffiftLi d MY fldbfit " it'Y Oy - p toV i 140 'additional - k" ' --' nd, 6� idefiii,�ir 1op well,known hotal.bra Or a that �Che ji-ointft "not 66 qijajer[6119 detirhm'ental, to, the '.- W(�l public fa e.drjnjurld_Lf,s;.b-suft-vndlpg property;;. The granting .,ofAh ,6' v.Miinde ;will not" be ,detrimental to: they publk; r,o' isurrounding a) As Obirn' i4si Oted In the -.shared' st6dyj6rIJh&: ,the rbdbdtibn in paiN6j,wili ndt"be- i rid Ing cornmuni ty as. I it Will -not. r 6SU 'I. a 7ectin'9 adjacent :commercial and is: Fdrt "h r, the p Wlj 'hv& lh- I " fie - prkiqgot' .j hwill w0 -icallow for paid parking ifor Wrph's 11 _1 --- I,.- - 'Zind the''public; Allowing" tha,.Varlalhbe foi- a -tedupeo frqnt sotbark- will proy,ja , 1. Pt 09PrOPOrly.! owner with, the. sarne,'b ' enefits.O thd surrounding, property owners: c) The incr , 6 , asi�d .walklheightJ4 the pool.1's. r6quired. to meet. Building . irernentsFurthers lng 06de�6quthOron'Liwall . . � height.will -bb.:slrbllae t6 thb "WMJhei 9hts of ft su'. .. _rrq . undlinO; Res6lotion,NQ. 2618'ixx 75A-31 'Page 3,60 d) Theee,will 'be no, more than Ona. niajoe idents icaticn'sign on each. building :elevations therefore the increased signage '.will, not be, detrimental to,the'';public. Finally,+conditions„have been pladbd to ensure that the site be.m compliance With "all :other ddvelopmentstandards;applioable to the -property., 4,. That�the...granting -of'a'varia'nce:Will tioCadVersely:a`ffectthO- Genefal 1111`1an of thb city,' The. Hampton tnn by Hilt6h,h6tel *ill support,several'goals'and policies of the General Plan,•'ittclud+rig,Goals 2;,and'.3,of"the' 'Economlc,Cie,velopment'Elerpent to rnaintaln:'and,enhance the diversity of the.Citys .economic -base and increase'Santa Ana's share'o.f the reglonal eConomy;"The hotel will increase Santa'Ana's, co'ritribuUon ta'the hospitality "arid tourism>rector of th6lregional. economy', airid. Will be subject to ,the Crty's• 'Hotel Visitors' Tax, generating revenue fo"r °the .City, The, ,project also .supports "Goals _i, 2';and 4 W. the Land.'Use Elementto encoufage uses`that promote ,,'balance of;land uses that"address.. basic eonimuriity needs, l•pFomote Iand •uses which enhance the City's economic and _fiscal viability, _antl to'p'�otect rid enhande: deVelopment sites and d'Istnc s Which -are unique' community,asseta that enhance tFie.qualiEy ,of. life. The site •isJucat6d,off a..,arteflal street and is easily accessible from the 1=5'FCeeway',making pit. a prominent bu+lding;withi'n Santa Ana,"'The sleyelopment.;Wtli retia_liillfate' a property'.that is undbru'tll+zed :and well .,Increase capjtal inyestm&nt; TWo historic'struetyres, "tile MacFarlane and Melton Houses,,will be retained and reused.as a restaurant: In addition;,`the hotel isdn character with the.Museum Distfict,, an office:,°and cultural"cuter that!piomotes visitors .from outside of Santa Ana Condjtiotis of approval iNlll.also ensure that -the • project remains' -compatible with? si?"mounding land, uses. Section 2; Mitigateii Negatiye'Declaration (E6V1O'nmeriWI,,Rev1ew"No. 2017- 96)•and;'a" Mitigatioh Monitoring and , a Reporting Program was prepare'd'With •respect to s.project :The Planning Commission has, as result of its c'onsideration�of ttisrecord thi: as a whole and the evidence presentO' kthe hearings on this:matter> determined that; as required pursuanf;to the Cailfor'nia Environmental ,Quality:Act'(bEQA) and'the "State. 'CEQA Guidelines, 'Environmental Re' ;- No, 2617796 meets :all the requirements of ;CEQA, :Section 3:. The Applicant agrees to Indemnify, hold harmless •and defend the City, of:Santa Ana,• Its officials "officers agents, and employees, froth any.anidall'llability, claims, -actions or.plroceedings that play be brought_:ansing but of its approval of this project; and any' approvals associated with the .proj@at Including ,without limitation, any Rasolutlon No, 2018-X% Page'4 of 8 75A-32 ,enV,Ii6O'nI6ntdl review 6.r -approval, ekcept to ------ the extent *�OjbYthe .Soje p.a.gu-ri- Jhe,cfqqf. Santa AhO. e ,df 'SebtibriTheRlandho Ctisslomof the 'Cly c! -4. .6 lyl OjAbli-c". heOng-,' hbreby:. poproVpp'yqriafice N 6.,2017.07,0s.,cqn ItIoNj ,in 012AHUR this r'G' ADOPTEb 111�22' I cl . ay AnOr A January 4-11 te" AYES: �Corriinissioier"s NOES Commissioners` ._ABSENT: ;Commissioners.' 'AB$T ENTk*s-; 6 y Attorney By., - - 1-10,StOrck- Assistant C49.AQ&fiey CERTIFICATE AT(ON AND I;-SAIRM-13'ERNA I L,-10-Xx tC&hrhinipn'Sdcretbry, do ftie - - I --- . - . by attest to and ceft[fyIhd-.attbdKed Resolution Nd-� -' 26-o be the. original re'�O( ' ',ad9* pled '6y the Old-nnIng C6mr�lsql6n,bf the C-tty of'S—anta Anaanvar� 22, 2 R6sdd6n No -,20164x 75A-33 page 5 orb - " ' Commission Secretary'. City of Santa Ana Resolution No. 2618-kk Page G of 8 75A-34 1EX.HIBIT& 'Cdn'ditions #dr Abproy6l f6r V61ancieNo.,ki747 V56dnce No.2017- Vis_app rp,v :PU V, o the reas(nablj,sati8`i,atti(n,o_f the Plahrift,Manager, with ,applicable sectidrs-of th6,! 'fa".Ana Municipal ahfarnia ,Administrative Code the 'CaUfoma Building "'"C idafd�'dode `and applicable regulatloras In addition, dit' f ttheM16 ngcon mprisq,apqroya1: The 'Applicant tfiU§t,c6mply Wiih each ,p,nd_'ivdrycon bxerdsind oitl6h listed the 9- g h' [J§,ponferred,by thisvonance. la All -pr4pbpdq,§jtot must ,rcdhform tb �h qn s, e Site,: Plan 13evIeW-,(, 0:11\16. 2017-' .97) and lhastaff repOrtbxhihits, 1i , �0 shall =t;bb, effective Until tho� H 'Wrlafte. N6 90 (st obc Resources Commission revfeWs the exterior ificqticiris-tb :his orids _!euctdrers and rblocalion of the ,, 1. , .. . I _blstodc structure at -a. publicih�iaring and �issues - a cerii�lcatje of appropriateness; . if said approvals are held `to be �invalid.',or,,UnccinstitutionaI by the ;ileo §i61i ,of 6nycOil r(;6f -00mpetentjunsdictldrij 6f,6ffianMs&.:;dehlbd,Ahe6 this ,variance shall be _null and Vold arld have no furtFiel force e, ed, The •Applicant shall., comply!w"q.,the. 'Mitigation ItYleasu res Wih.1n-`the, Mifi.6arkoo, Mbnitpring andf6pbqing Program prepAre r-t6'pr?j6ct1, 4. Any *bi'hb'fidiYl'bht,to *this:,;v6rig6de'rpUst befk&ritt d!6.,the Pjdnn[d!,,D_'Iviii6n_ for At that' time, staff will di tefmirjo if,MnOlstftiNe.�lif is-av rp i.bal0bk 'dr Me 'Variance must be;amendedi. ,5�,,Prlorto the issuance ;of -a-building "permit 6 Jot,mefgbr shall be recorded.. 6.. Pd& -td the'issUan6eJof abLkdihg permit a,'Pu!Jlj6 Art Plan must besubmitted',talhe Planning.Diviis--ion-f d 'brovffl. for apapproval . , . _ , ribr.to the is * suanb9;of:a'_bbiIding permi(a landscape plan inbIudi'hb:§firu' _Wthat are planted along'the!oadnieferwalf facInO l3dshStre6t 'and jrri'gatlb'n isi6-be:sqbmjti4f& review - and approval:. . oval: Thlandscape plan,,shall 6onform't I d4he corn.rne reial - landscape kabe stan , dards, (�ltyw 08, 1 - Guidelines u Wines and the �Clty'§ ,Water Efficient'Landslcap6, `Ordinance; Pdorto the issuance bf a corgi ate,cf6c:upancythe Appilj6htshall provide a'Obikinj Management Plan. Included jhAhi§ OJbn,sha1l'be,a Comf of'the on behai "Op6ratortooro'vido,p6r,ki'n-g-at-apaid,-ratato,h6t - el, 4 the hotel' restaurant and pubfkbdtrons: ResolUtion No:2018-xx Page of 8, 75A-35 Im Sub'mlfted,olins jbUstlri&e-'fhat - . , 611� ztiudtufesand . Oarklhg lots* .d'ornolY with 'thb provisions of Chapiof,8, Aft!616. [jvjS!6n 3 o the ,Santa Ana Municipa ta e (Building . cq)� Wil".appta6le iebfibns-must: e pniftted yerbaft.oh aubm 60 `set easement for.;a public vehicular tum 0, - r.O.,ftt the end oft - public=Rkqcq�d' an Thebrp-arotnd'area Will b6Mai. .y thb,Ddv loP.e_r," [6tt6r,bf,-atknoWleddemb'ht:'and-aporoVa - I frOrl, adjqq@ptpTdperty o%vnqe,lpr theay"M 2'f0,'f:Noqh Main Street;.reamov, removal a, Depidt .-and nqteiIoh'iutjljty.'plan, the relocation of the water '6464,Wd(� pLjb!!�,4tjk�,e6sem , Ont place being proposed Y�lthln,th� nev�,2 ace it.wi in a , Il" new pop 0uttut hty easement area 0f adequate.;gjze ad" -ent to the,; proposed :20: -Jar ent;! pra_13y _ in .n 1 ii",,olovat.6 d, and protected area.- 4.. b6pict and .nate "oh I utility I,plans 0,-febt.hong -wa p,r pipe ,encasement foira 046fof :Elie new-124nch1publlc'waterMal6 that,will be . underneath:the new bndV .Wall that surrounds the, cut de-sac. oYnedach tlide.:of e n.ewbeIcK• 4all),, joer-,City Standard 'No.'1429;. 5, (Depict and note bri- utility -plan the dbristructio . n '�bf 'ariewzz'inch;dty,P'Ubllq�� SeWer impiri . to -cohrieci the -no . W� City'. rna4cile"(d'f,404-feet south 61f,:6ent4iine-O buffalo.:' AvOn4e)to,,Ah'P, existing -Or'brige,.County S;!n'IfafIon,blst:fjcti. ((jCSD)'rha-nhol b,, 1106Med at approximately"4,09�fop-t"564th of Centerline of BAWD Avenue, Ob S D, & :Recqro,an, agreeknent with,1he- Cit�for #,ce§p thr6ugh the. Site. Tfrofn the, northern, ter,mirius of the 61, , ley . to . Mal . n , 8treet` for- errierdencles,,,Ir4s hand qdlIt'YArV6ws. arid;City mp i T P.rcivlde restrjping, curb. -maAM6 •and signage to allow pairallel, street 'parking adjac to the south"curb off.3qffalo,AVehue betWepn Broa dWay.and MainStreet;t;. Riksttubqa P%01 or a 75A-36 i 4%512017 (9) __^S7 o mut ninital Man prnduda, All do hl, rncyrvei{, http:Napps.spatiatstream_com/productiowdashbosttl'81817JCurrentBulldAht l[eAart .11tm, 111 HAMPTON INN HOTEL 2129 NORTH MAIN STREET SITE PHOTOS EXHIBITS 75A-38 r, i J t• HAMPTON INN HOTEL 2129 NORTH MAIN STREET SITE PHOTOS EXHIBITS 75A-38 K4MPT6N NN 'HOTEL., 2129'NORTH MAIN STREET SITE PLAN :EXHIBIT6 75A-39 HAMPTON INN HOTEL. 2129 NORTH MAIN:STREETl FLOOR PLANS EXHIBIT7 75A-40 >.�um.nn�ry R Y ti , i iiTr ]C4liN.w14� �ucin�nw•ear HAMPTON INN HOTEL 2129 NORTH MAIN STREET ELEVATIONS EXHIBIT 8 75A-41 HAMPTON INN HOTEL 2129 NORTH MAIN STREET RENDERINGS EXHIBIT 9 75A-42 HAMPTON INN HOTEL 2129 NORTH MAIN'STREET RENDERINGS• EXHIBIT 9 75A-43 HAMPTON INN HOTEL 2129 NORTH MAIN STREET RENDERINGS EXHIBIT 9 75A-44 11111111M P? iflt I i�f I P, I1 1 IE1Y0 1' 0 f i Pi p 9R i 1 1 cLuo I m+to0'�' I cuNW fotAoil -mss_ CI C1 clni ZONING DISTRICTS Al GENERAL AGRIGULTURAL CSM SOUTH M1IAIb STREE GOAILIF.R¢AI DIST. R2 T1C}.FAAIILY RESMICE -B PA.RHINGMOURCATION CI COMMYNFY COMMERCIAL GC GOUFRNAIENTCENTER R5 M91lTPLE. I'AIALY RESCENICE HOZ OV AYZOL CIAO COMKNRY COMMERCIAL - MUS EUTA DIST, All - LIGHTINDUSTRAL Rd SURUrIRANAPARTMCNA PLAIVBURES/CFd1IAL C2 GENERAL COMMEFCISI. M2 HESW INDUSTRIAL RF' RFSCCNRA6 ESTATE -11120 MUDPRIENT Gq PLANNED SHOPPING CENTER O OPENSPACE SO SPECRODWELOPMFNT .1102 IMITGBTRICTII C5 ARTERIAL COMMERCIAL P PROFESSIONAL SP 8PECFAI PLAN OR COMMERCIAL RES GENIAL RI SINGLE-FOALY RESIDENCE _�. SECTIONAL DISTRICT MAP: 6-5-9 T CITY OF SANTA ANA, CALIFORNIA Exhibit: 10 75A-45 .MITIGATED .NEGATIVE DECL-AkAPION The lYraft Mitiga . ted . Neg . allye - D%,Iaraticfi,(. MND),-Mitig6t!6,n Monitbrind and Re . P-ching rm Prdq(pandlacHnical Appendices are available pti,the-f6lloWlngrIpcaltibns- lohlhd: httof/lwww.i;i.SaritazanA:ba.us)pba101anninO/HamptuninnH6t6l.asb, Paper Copiesr. ;Planning d Builldlnd,A&noy' . PlMftin'g-Countor, First Flobr .- WC- MiCenter Plaza; Santa A'na*;`OA 92761 Santa -Aha Publid L&ary -.126 CiVic Cent4. , Plaz'al 8afit6 Ana; q,A,9270- 1, HAMPTON INN HOTEL 21,29 NORTH MAINSTRIET MITIGATED NEGATIVE DECLARATION EXHIBIT -11 75A-46 El IN 3 qq-,/a o 17. 1 CO b . DfUTTITY, 'MEETING RPFRITED. ABT.- :S.HARRQN;iC. 'NISBE -,r:RPR ,EXHIBIT 12 Page I 75A-47 I Page 2 75A-48 4 I 4' 6 1-2 13 J4 -15 18 19 20 21 22 23 '25 'Wovull 5 - 30.- PAI:I MR,:, C ,944MW. Ladies and 'je4tlemen If ve c!du1d,.'q6t � started,.. # that would be eat. First of I'l d li kO, to thank .You an 16i,comin 6 t. name e is 8,sv.irv,Cqlb6afi.. :,i :# the, party ,that -is � r.epreso#Eing developisig this:-i6alestatb; 'ac ,qui:r,j this -,property that you Cte gitEng in And. t�he, pdrki#g,lot. .;adjacent to tiAls" and j-putting,the,t' ItIdgithOr'., ike laid #g6rd ipg "' Ethis:'This-AsAind6r 'the ,ord'h c6; :0u46hine .Act,:OkdirIahc'd 6t theCii n a ty -of ';-Si ta, An, t - p, enuure, tr&",Parp'nc!y"d'f,,what Is §Oihd'!6u i the, c6ifidil, t,64u 1es� t- -Eit that dbivelq6r6 like myself this.- T4"i,a 16:,thi§ biggest tumogt, 2',v6 bv6lt ihad.'- laa* two, I .,had mbb6dk s40W. .',up,. so 'Eat *fP.r 45 m'fnu'i6A land viia'�RS& do., we gd;'hoine mow,n •aifid we - got upihd-vjent� LOVE:, this isv making UR,: COLEMAN: Oh, ,yeah, 1: just. lost- iuxidh, tb this your4lady'10cause I v4An sure but haldjltright on- 'the .money.;yi A- o.1 'that Is wky- she -runs my Iife an.C,Ve. wank,that - 'Okay. V!hat you 'see here today •is basici'll-y a design. for a ft4#tori inn acid it will bs,pldded,alon.g.,'M , ain WeOt with the adjacent parkihg. lotafid'rt . he restoration of -the eiei-seincl-hintorical honi6and one more histbr-icai home that's on. he,'facing Bush Street that will be Wye had szmsoO DEPOSITION SERVICES (sbo)505=9994 Page 3. 75A-49 ;03/tl9/2017 I I' t surveyed, you, know,. with tfie, historical, 'Folks ao hav® ,it - lifted; turned- and placed' onto:Main'.Sti"eet, $oth, of :theti 31' will xeceive monuments. speaking -'to .£fie .MgFadden the .forks '4 that Were 'here, the:,midis`lanes, prig na3:1 and the 'home 5 that, had t}iat; wfifah go liagk ,to 'the 19.20e, ;So .we�ze ;'going 'to 6 keep :those as'h'isEbrical'homea, luse. 'theca Tor.,professional. 7 bu,9 ;4egses in here. Anal then 'the hotel will have .1.33 ,rooms_ 8. qn .the.Hampton Inn; a kil -n product; that, .we've built other 9; Hilton products.and.the,-i;ty requested'that-;they, you, know,. 10 get a .hot'el'-on-,this- propeity; sand'that .is, what we :going to u ' do. 12'As I,said earlier, we are -,recor.diiigy••we�:have a 13' ',count. 'reporter here with us;so ,we can turn- in'minutes a6. the 1:4 city- to.abide by the' ordinance li6qui:rements:. .Ah'dtoday,; S ' basically, 'a 60up1e of things I.wanted'td point, out 3s we re 16, assembling the •zeal estate' from ;the: ,apai tmeats acid the 17 adjapent,..1 call it the.lGreen property, this 19. direction- 1Ahd �we; wAi be •asaembl'iag .thxa:`properEy to build 19 ,this ,project site as you See here, Bush -Street will he 2p re-cul-ds-sactd moving :tbe 'cu]=de-sac back Lova"r3s the end of 21. Bush Street. 'There will be no commercial accesa.from, this 22. property onto,Bush Street; The only access is for the Lfixe 13 -marshal at his request, but ;he ,has to. }clow 'through -a gate .to 24 come .onto the prpperty. so kheYe i,iill,•be no access:comiiig 25 through for the patrons of 'the hotel. All that access will SIMPSON DEPOSITION 60VICES (800) 505;9994 Page 4 75A-50 p3 /09'/2017 1 be :taken from a:singular"three-point driveway 'right Here on, 2 the,. edge; ,on. • he jouth.'6dge,; as .We ;ie Aepicted-Here,. ;46•.tf 3 we •have left. izi, we!11 have :two: lanes,_duti.'both righa.,and Al left in and two:"lanes out ,giving the people going north a 5' singular lane;,4 giving the= people ataoking;'up :to turn ;left ,a 6 Mane:. 3.0' that" 9;"occusiiig the existing historical :home thatlz "in :front-;6f ma 8 ,here; thi's building, 'the 'home, the tliousand':foot ,home :back 9 ,there; wih'. be moved to thi's; 'location Arid thea,: ttie hotel wi; of that coundil%thdt coordinates ,betweencthe .'pity and el, ftol :fi�bids and -wo VPS .9; :90VIarn.mon _t4nq'With, the 3 restdui=ts rand the di,ffefent things.. 'When, dity"nV6keb new changes, Vd k nd of Vpto+hemwith the folks and Vth:4n,give ' -a rip5B es their Ch6he6,U,,spOak Wus 'through the city,_ 0 WOM itfiAt,- I1R'ould;ii6re thap! Wjll�ng.open ,th is Up to 'question's;. comments; 0 A,; Yes,a Lit" am. EP ML TWBR v Who, 40• you th Ak,.wlli 9 ;rent your itioin0 10 MR: ':C -O, LEM' A -U -T -i Th,ds.e are actual, L Lhobel, rooms; theyiie. not apartments, P, 12 wp NTIVIED FEMAIiE uEMR. y6a, 13 MR. COLE -MAN, zb 'Efieto, 'Will b&..Iolks :that -14 -look at .the 'wedding at Bowers, Mua ,15 wh'igki they hbld'., num.erd'us: weddings;xd-, qst •6f, those f 61.k_#,head 16' south a1,1 'thb, way, to the!,south'Eind of cur, cit We 'have- t a i-7 iaw clerks, trie lawyers 44,,thla folks that. -deal in -the., N, co'urthbusesi I:hbY EIISOI-Cilrreniy.reside at the fir, en&,of* -'oiir 19 city; 6 of So if YPU 411,:#OV6,� up.i Maiii Stieet,, done _you ,,w 'q. .h 20 are Iocal,. I had -t drive.. •tip 4ain 'Street,:you�7 21 nota a Lf Un - dt,VL e sometimes.., tiM, .9me Ps., 'It -can he •3 6,,-�4 0 minutes, dust to 22 come from down at,, the efid,of xiin to her a., So *i)a kre. looking 23 I.gt,that type .,of situation. We -do hays the .Discovery qiibe 24 that we've hhd ii0ormabl"'6xv '91 , Ifi th. vem,.e , I yp • got the 4ua11,f 25 we!ve got different things whare folks •come into town; Sut loll SE:Iiv:[,Crs �(8,00) 50.6-9994 rt Page -6 75A-52 'is end I thbre a no. 6 1-1 -anybody", t .;stay at, 'th ,pC.,the 2' township::. Uk6gNtIFIEV.'FNAUSAkKE-Rf Doi.you have-meidt'i-fi 4 5 9R-. 1j6LtW-. Yes :.there will be 'a M- S -e- t 3.!l , g,"rOom,in 'thewe. Wetie not ,going p. ovetramphaOize, �t the 'medtihg,tpdmaj _i jjrbikiirily bad I au e we don ,,vaht,'to compete. with Bow4tb ,and W6 8et'' W ov4ty'.Cubel; oil! t Waa� t6� C �6mp ith'Dis'p- biscover 6 h _M�Cgb.i .91 has Just 4nV.6.9ted idiiWW'' f A61iams,Th tftditdea . 1'. 'If ' An y 10, of y6uhate, attelided'i'arij( :.0' our, GROW'confekthat t the, 'ii 6-hami-ber j)u6s an tfiep!ve created a, phdii6menal-facili ' ty...,uv '12' there and there" a, - ad-needfor -me 'to xeplicate. that,. Ud1DM4TIF1EIJ',P9MLk, §PZAKMI- What -will arobm,cbst A, 1 a night? P, COLEMAN: ThpV-111 run In the 1506tb,275 . -Fafi-A 16 and, that's all. ,depending .on Abkf6k, Elie time that. we 11 building DPdh, n VNI_DEN_TIi?1trY FE kALE OWEA-z is there an'y. Iipiti,.on. 19 how long a pqrsoncan rent a,,rpom for: like tw'o.,wee ki a -or 20 W., COLEKAN b YO . 'Thi.py, watch that vdry,pEirdfulVy,. 21 This is. a Sampton y hiztoiO1.6ail-' is about.a three to'four 22 dight. Vve:be6n,a Hampton f an, f or all the yearb that I vb '23 traveled: You hav'd'yo'_u' -'ektdnd6d :stays, which:Vm, r Yee of 24 building up in -,the dity.ldf Azusa --right now, which is -created 25 for people to stay two 'to three weeks depending, on thkir'stak 917M Psom r)E.00.s1T.1o'.q. qRRVI CEq. ppo) 5.015-9994 I Page 7' 75A-53 for •business 'in the PiLy;, .2 %IPIPROTIFIBb PSMALESPEAKItRI, I ,: 3 ;.'residency. hIA.6.1s.: 'This- ldnlix� gbin4 to -'he residency hotel? 4' kdR. COLEMAN Na, thfo is a -and d n 'ar. t10 Inn Tike ,you would cstop -in tei :6tayan!4"h t ahd move -o '6 7 SPEAKER: I have a ciu6sti6h-for. 'Y'Pu. Who .owns 1-thbL 11ircipeAY thp.paiki lot p;bpe-ik? :MM-' OtMW IThi:City-,of santAlha: 46. "*bEkift16 MALE SPhkkkft I And :11 SantarAna' s going to s ei i it- to. you -guy's,. give it to';you? 42- !'MR ICOLEMAN, Hb:, :we kre:- bifying°11 .,at f ull -,pjsrket, Ii6r-e p ' p raisil,,dohe. there -vas. ai'laig 14, of folks "that Verie shown •bh& il!sal •estate rttOp- ' stepped -:6;.add 15 rj'f f etf3d to IUY it. .,and "it!.6 ;ill "there la,pp. there,116 •#a16. , Oarticipatiqn.' ""thP:c Ws-,parti Th 6',js a a trj- 'ght. ip 17. deveiqpteht -tkaiibacti6n, straight pi;rchasd- an4`:"le agreement_ ie' and we 6ad: Ad#ir6 it.I the only itipujitibil'the 'city has: 19 jqiced bhAt is they asked it, be made as -a hotel. X20 UNIDENTIFIED MALE `SPEAKER: And als 6 the'city is 121 Iding to gell ;you the alleyway and parit,bf the street? Y -22 MR, '00hR*,-- The city #e en d -open- streets or 23 afle-WIYS, actually;; j the underlying ppopdrtkiq owned. by the 24: adjacent property. 'So this ,all I ey ri4ht,:here is currently p 'y 25 ownedihalf,,by this.15jede of property and 'half, by -that -,piece — 'SiMP,80N!Dli?OSITIdN,gERVXC:IES 000) 50.99.9,4. Page 4 75A-54 03f09/20-1 of pirbpetEY7! 'And,tfiatii, btanda rd in, al'ti9es'd wt-o*n the - 0 The ! te 'Abtilaliv ,the I Funder iijidet by them -by. -the 'adjacent propertyz So T "Wil I A' Eile 'vacations ask fox -: the streets -to' vacated: 5. and that "progertg wit] _ :reside', backto the aui owner -at that. time: 7* UNID, E --NT- I -PIE -0 AL , E SPEAKER;: So this ,a 'lle, ", ;h' y s ;been. ra 9' li 12- 19 21 22 -23 .25 used ior, a 16ig time .andalSO itb alley, has: been an 6 aeta AR. QdLtkki;An ib 'isementy a tj9ibkNtXFTj4D,!MA , W! -S I PHAkEiR--- "Yes,.an ,ea MR, -h t ttbikif. :-' T Or6� is -'utllity'easements fin It, which will 0tay _n. theit., ocat ons but they -Wille -pj ceA iuhddrground'as -part. of" !th s development 646ns6s on. #y part;, -;l of th6 ov.e-rh6aa jih-eW ,everything r Ye Y- thil ng will go'lin -but those hrO basfebOIAS, 6iaried B;i,uti i6s, n , o - t b ility, POmpan y- .lt!l& city. ' ML ' ' ' - I A,H:SPHA:KRR: le,the .,plan. to just, de4d-Ond the•all6y'l MR. C' .HaftdOkhsad it;. Yes, so that the trucks,can get in andf j 0 of 'it-. Right now there):0. oily the only truck _that comes to the -end ,Of , 3.It is. the apartment "complex,, t'haL`4j the iuttjipst trash enclosure. And then the adja&Ot.:pr.opdt.ty -on this; side, they. go gatp on the 'other end �and pidk up the trash cans there:. SO sxMPSONJ?ETOSITION SERYlqgS (§Pq) 505-904 75A-55 I ltffatbs the, intent. �2 iwirigwIFIRD MALI 'SBWtR... 19 ',b:cjW would th& �traeh `3 P'Gbple Eurh-arquxid?. You y6ul.re. 'going .1 MR; �btikmw :It's called a,'hanmerhead., They. 5- actually do, •,A 'bacikup •and le�*,Oq,iri thea � One '.fabhi on they came. :6' -11fi.badk do'wn.lthe.same%alle .7 TjN;PENTIFIED , MALE LS :SPRAKER"-, Xhat s the .date ,of the 'MR. COLEMAN: Thous all •pradidat6d,,pri ;our lbviil' 'y !city. I f: -yoii :tro b, s6me Aic4 we dauid-roh thdni o" ,we -b6d:Cd 11 &t. i.Iin`stil bell out dnd- gueaoi- lut I ::kpuld_ -anb:L4patia it Cs. ,'12probably athree- to, f our.-mqnth., prqq'es.d� and -,could :-§o Al. L the b., way iip to -#iJc months.. 14 iukliM, IFIE'D -M I ALE.-SPRMER,-.t 15 -'"one is I take it Hampton is io'n-16if&cin 6is-deal? Id, kk; b6tEMiN., Yes; UNIDENTIFIED MATE 'bftAkER;. And it has tc 'bb - _-slx is'stories:,. 40-EhiLt theii regiAr6merit, --y6uIv . a got to .go six, 19 st'pti6b for a hotelT 20�MR Basically; ,you design,,a,hotel , 21 'addardimg to the demand andneeds -and' thle-post. If you•I o ok 21at where is. the: breikpoint, my hotel inAzus'a is four 23 :storiem; �his, hotell is,Six sboriesi $04tiob I created, a 24 little m ore jjubliq space on the ground floor and done -a 25: little more .accoutrements that would: not-normally-be.,in 'i 91)PSON DEPOSIT16i; SER)rXCES '(800) .5059994 Page 1:0, 75A-56 03 j.a972,oi7 IAamo.tonl ibxit'l , f- Plt this area wdrran . tdd,,'dbin4 . that, arid a . d' -we .2,: ,extra, dollars for that pu' D'os-C 'UNID-'FM0.IED mkt w;PP , UKER c YO4 say Che ingreess,(And -4; r6sa _Id -q6kh -t6,,!bje ',AtL 'the 66uth,end ;of thi, s iopertys is. bh�kt.xidhO . ''. I .'_ -1 1 , UNIDENTIFIED MZE' SP,9MM Are ' people b" _.-goitg,bo L turning je ft'todt of'the'pio Patty! M, OLEMN: .Yes., sir.. t&IDENT,IFIM,MATA:'SPDXER.-,:And ;there's a a light: tram - i Palm ov -C6u L'� * at to the. Bov�e` r rs. ;MR: 'dommkil.: MIOM'vt ED'KALH'!SFEAKU:Tk at 'light I think: is t.00: #r Away for '-eo�ie eb .get - :it :6 tlik P�wing !if t-jbu E 6f thi 9 -property is goinq'•tp 'b'd -virtually, in . ipossIbie, 'beicause '.Wq I is text door .'and, it's very Ait n ot, that property '-'Unt'll the -light wasj L_ pult 'in. Sp are. people,.gqiiig to be turning ;left ,alhd-the,tdlj,odk4q UNIDEOtIPIED'kALE $PRWR; Crie, d'thar .qu9stloix 3: 21 have. Wd ,have, the property 'next door here palm Couto; and .4 an 01 22 .the real :blight is the four-AEory,cpmplexIbahind bur .23 ,property. ,25 unbEin''IFIED MALE SM'MR: Itil s: been there for 30 SIMPEdN DEPOSITION SERVICES 'j$ 0 . 0) 505-99941 Page 11 75A-57 :03/69/20],1 I Years. 1 take it that's going to, be th6reloreyqr, - as far •as, 2- "you lknow? -MR: 'OLE i 1 have n6!kh6wledq6 �df.even. Who 4 hint,, I d6nlt I have nbii 'look'6d into th . t at 'all; I �h a ave no 'desires to go past this edge which, aiios.vith -.Yotir ytopdrty. There, a no.. nb:dd� for it',. bo' ybiihave ,afiV Idea 1,8., vhdt the baspd:bn. rhe 'biddingt 0 .,,?l;qceSS Wha.j ;market j- value:of an,Acre here 18 on MA'ih•t' rbstT 101 kfR q6 ,.h 'n!t -on. an, aye &crOage.1a6ls and it-ls', vb'ry ±'afid6m..4it-,:the At- iffeten-mlx 10 on this ,s'tri§e ti jjNibEklPtED FZbikL9:9PEAk9Rr Y Friphch, lA uNIbENtIF'lED 'Yeq, Are there, any 0 appiickti6ris -.that re--q1i 64lPublic hS'aring,'f or t eptbjpbt by 16 the city or pialinifi 6-- - bsi6h? MRI! COLEMAN: Ali. the ,nqr#ial,prpcqsses -Aie being ,is. lollowe4. There i I s .. the 61W council., Irberd has airs aiqy been 19' two -city,council meetings, ori it and-,thetd is then there is 20 the actual I believe -- ifitrod?Ace,yofirself �21 MS XEL ER Reilej Vm.,Se1#na Kelaher. Ism with 22' the planniug,'dopartment at the. •dity 'of. Santa Ana; The intent of this meeting is for the, deVei- lopet t6'be able to',.-Anqwer .24 ciueaEl6ns like.helsdoing Apwf ac I'm going to be linAted, 25. i I -'m not. going to •provide toomuch information, BUthe has SIMPSON DEPOSITION N'l SkAVICL?g (WO) %5u-'99.94 Page 12' 75A-58 03/.•09%2CI7' 1 submitted, so: vrhat''s- going `to.'hapPen .ziow is we b, revxewing '2• theplans, for the`project and weill provide :formal •Documents. 3 back to. "him, which: will also- detail out. what, the process •is. 4 'There will" bo,At ,least one publ `q ,hearing; :Hotels . 'ii-,our S arty:reO+ a 'cond'it'ional use ;pe%mit .iii the: `C1 and' D ;diatriat, j 6' which will re .i planning• aoamti'_ssion review, and then "it 7 Will.go-to the :city.council ._for consensus, B b0IDEN`TIkAD MALE `SPEAKER, .How will ',we ksiaw about 9, that? Tfiis ia,phhe,first I've ;heard of this (inaudible), 10, MS: 'KELAIiE.R: Right: .So this .is ju9b.the :initial. 11 outreach, it?-s on, the developer's behalf. Any pffic al :city 12 meeting :you'll'!Yte reoeiving.,the, same_ kind.iof.•,notice in :the 13. maid,. the aame,mailing radius. We''ll also be postind motices 14 :on'sitb- ;and' there ;is a website, oz.a link to the -project 15 page„.which has my contact information, on the ,city website,. 16 and I do.have some.cards that are availabl.e._if-you •would`like '17. 'to pick them 'ups We' 11 keep updating that' :page with 'Is- i'nf6rmati8n, inee,tiug dates rand things ,-like that: 19 UXID$NTINIED. MALE, SPEAKER,; 'So do -you have 20 something that+a traditional, suchas a_sign-.in:sheet ., eo we .21 can'receiveinforaiation;, or 'do we:have 'to be proactive to•go 22. to. •,you? 23 :MS: MAHER: .So did you receive a, notice in the 24 mail? You','1'i continue to receive it in the mail: 25 UTiIDENTIFIED MALE SPEAKER: 'We'.te.not within the SIMPA0N'DRPOSITION SERVICES '('800) 505-999$ Page 13 75A-59 01/09/2017, I :radius', we,djdjflt kliew, db6ut this. ptojqjbtj. i0xbEbT#F_I*D, Mk`F'-SZEAXER.- This. wa& posted:, 3. S',,KHW(HR- And -it was posted; 'right;. 4 $WITiEb,,,MR,,SPHMER- We4idn,lt kjj'('?w.:abojjt 5 th*pIroj'8zt, MS-. 'k -94-A M'RJ "Tei3ho. this- Is bhe:lniti.a"i juat 7 'got qubm`itL6d'tb the bityj-, ftich 06 �fiav aW t done ,.any 'utreaA;. th6,1irs't part of f !the ,pi6c;e's9. Thele :9" be plenCy,:pf'Itiine toreview ,and provide input:, .'So. can. " 10 1 ',wiii -get ',a.copy ,6f th'e ,Bignr.I'n!siieeE; 'D&eNth . at, - ha q!4, ere? "inAnka, .140., MAr4R 13 t0ibiwinjka AAL9. 'SPEMER-- 'The. iminti6ried 14 tlieie was two city council' meetings :a Olad "t m6 6, the 15 r nature A twjae?' 16 'Ms. KR mmlz.; 41:b6lieiie that -was. 'in regards to ,thei 17 parking -It t' fisa tioft-, this Is fox the pr6j ddt - this is p ran 9_ is for something different. But ii11 iv.e you •my'gard;and I 11 19, give a �piece of paper -,aroufid,and we 'cdn;get, contact" 20"-informat'3,0n._!for a mailing list. 21 ;HR't6TAMAN: Right back to the yburig. lad I .22 UNIDENTIFIED FEMALE SPMERi. As you know; that 3. parking lot Aiatvices.'hVhdreds of -people a day, A 16k of the 24 bUgihesse& zround:lhere have.,In.aybe five or six peikkiiij spacea. ,25 my office; :in PArLicul&tj I -am, a supervid6t, at a inimtal simp8ox bLOPbdimt6 :s Rvic HS (800) 505;98;94 Page -14 75A-60 I 2 y. 10� III 03/69/2027 46ii-th clinic wlccsekykqe. ovor- goo, young !people. We out 12 packing ;space®;, we use this spacer _4t• WOUpiopositioa of , Where` rose .,99,1.q. - r6viding the . 'services; as is d1l'Oh,e, -other businesses ;_ihAt use :it;, .as well- as hus',thEit stobs, iight hgrO, MUM hP� bus, atqP will not,,c a re The paik#§ situation ,-I can':t spbak"'to; I Ino a �ih t' the_codes are when I :develop :and jt,,,m& dates •that I'hAve! adecau ate ';parking to dpera'ief a tad LE , :SPE=R. ;TQu shouid,-,aAk'. the ,plainzdng, commisel' I -_ . I You -1.1 .EAKM Let --me ask You thisi Ve.,4rd kighL.,ii Oros's the sheet.'frdm� th&:hank. 'The parking lot .f6t the be'nk-,la vety,.bJoe `but they.,tbiq and they 'will ,tow -7 you in; like fiV6,. ten,-minuE6g, &'fs, that something that Youl-ft g6ing' tp-' bd lmpletenEjjjg, '&t: -youi 'hatel ;bec s6, -p' . . . au e6ple need thisp J - .,`az . �' _Ug - MR.'dOLB- -_ - i I r MAN, fo" this hotel Will be ;for 'this: hotel.. ,21 use on among the 6 ctiencs,') U. -22 big. LOVE: can: You try to remember that this is. 23 being recorded and go ,for ,p64le,.ndt. to speak over each. .14 other, because Ahe."s going -to straggle t; et your yIng to q 25- words, SIMP96N MPO�XTI .1 qF,PER_V CES (800)'5059994 Page 15 75A-61 iO3/691017 A U1 - bENtiFI9D m 9- spxRi I '6qm the ldifi(T. f- 12 dattv-coiller fib' 210 North Main,, 2210',Noi7th Vaini 31 -2216 .and22181do, P'r.ttly',- Much ;the -blbcki,; 6kcept for the 4 dower shop:,. .5 MRI,. 'COLEMAN; okay.-. ,6 bill b2n,ZFED" MALE S'PEkkik Apd,at ,one 0me`U6 y 'used t6,._ha;ve Nbarkinq along�lxairl that vas`,,iind of OiA01141 8 before I meanilef6re: they'-#xpanded!-Maixi. They . ,_•u:86d :to_ S have pqrM�Ug.=011 :each aide of Buffdlo:-iefc5te:th,6y'.ihadd it :into io a ei here- axida tteet. 4nal th Y'aa de it, ai,,Oh6� Yl you could ,;pax;k;,o*ii-.bdth;o'id6s. This building .here 12. the ioae,,on 2202 North Raih,;Ihas no packing -at - 13, All'. 'They E,bw h. a;- 10 t. the akea ,behlfid bher'e, wi-9 '-d 'B _' Pwpp,. -Y ':he just-,tspld it, :Mi ke"d�IL'Hata' Ali"6'tl they. 1�,:Eaia, i. think really -park over herej as does -a lot --of; _other, :cars,,.3O or 40 16, E..chrt here at,S':3Dj neail y :3U cars, .1 -06hhted .ab6ut :3.0'At 37 1 5;3,0;, And :she's totally righb down there;,, thei.el,s no 18': alteraatiy®.,.parking dowm.16te, the chiropractor do ' here 19 you know,,, that's 2218 North Kiihi he co4t4c ted me, and'fie; he 20, gays, "Itisten'! .lie's. got, I don't f ive:.br' Si -1 21- over there' that's 4ppkbved and beh . Ifid him, the Bays he had 22 oVel7fl&, 4fid-hp p#ks over here; So.,you take that, away;. this 23 build'xic Ieee- is basically useless, th6ra1_ a no parkib(I.,. Ahd 24 there a no ippCrki4g anywhet4 In the area° hpre-i You, t park - 25 'in Lhe credit iiiii.on, they'll tow you, she's right.. Ao for me SibiPSON DEPOSITION ,SERVICRS (60,0,) 505-9_994 page 16 75A-62 I -. . .. OT/09 f•Z 017 e-, d ;�ngs gleL' and s, number ofbuildings making po ;MR' COLEMAN; 1,und6o#talfid fthdt-j b'ub, again; "A 1 10 1 -didzif;t create ttie I p4*4 i7 ng _1 ;bb, ift just huyng 'I 5 UNZDBNTI PIED ,MALE 46ii- 6: that a •'Pub*li'd parking ,:over ;there, it Ranta Ana dw--n6d:-and "tl a alld,.Yolllrb caking :away' & something that, 6 s .useful to: the area. -Iii . b ---f 1, n er o `businesses and youlre taking it away f&r-a%16.teljJ�t .doesn!t 10:seem li .,that hav&'b6en.40�4.4lrdq4y, was I:hpre dh �pjjbjj notice?' IS- WaOt it. in :14 "MR.- CbLERW- 'xds�j 15, 'UkIDENTIFISD.}MALE SPEAKER: ..Sp''ths-upcoming.one 16 therie!-A &ing tobp,,pu' w. yes UWIPENTIIIFI,Ehb,IMLE SPEAKER-. Where d'0 You expect i _ 19. this to be, in ahe_Regster?,' 20 PiAblishid-pne in theotange 21 County _ - -22 bslpBnp=:MALX,,�5PEWR; This was .in the 23 Re inter about,. 4- a -Week ago 24 Mg. COLEM I AN;, if& took counsel -from the city 04ich newspaper they liked, we to. went Regis .4, . sier and we'put it SIMPSON DEPO-It±6 'SERVICES (800) 505-9994 Page .17 75A-63 I there,' 91 lu �Dj/ 6912 0 3:1. UNIDRNTlFlED.FRWkLB BIMAKEAV ;What'!b Ypiie:liazie UNIDtN_T-l'FI_ED, FEMALE BPPIX8R': Selena,: the :question that -wa�,,Asked emrli6i' •lso=Olime this -has,'b64fi Aided. lor"public :parMng, ,dpes(ithe 'city have -any plant tb.-tedirept, that public S i6r,lh I see pqpple,:t]hat la�r, -been.usi`ng "EY ib,, bSS. KELAIiER.; As,•f I at :ad'l kbd*,! T.'db,:WA,; think Y3 there are any plans this `T,was 2- nq- t i:nvb_lve d- -in, the transaction , 13, 14. regaiaind tlie transaction, to this ?fitu�d,ee Io_pment, . !so can.4bt �hdsd.ddtails :o£ the 'that 15, wq, iii d. - b6 ifialkided as pAtt of the staff tptort:. #6. the,)pApanin 16,. ' co;nmlssibh, but eydn eaA priVatii,-Or6po';#tlp kop-bo#Ls-ib I ei� 17' 21' 22. .UNIDENTIFIED IRMALE s'hbllld•-have been :aflauaiblfO MR_ COLEkAiti tet. -me def end lhisp,16r -.6-minute, thel,s a,ried I lly •nice lady And .she's new t6,,the:city and',i ,TealXy. .feel 'bad 'that she got, Stuck with The,'Pe6plle 23', that wMze 46ing this ardi0t at. theY, now, qo,:bhp si 24' Uoei:"ted this, 'This has be6n gdiftd,:ri aim6st, a .year Ar now'. 25. and, -Bo. it! s'not 'new., but it is new to Selena and she has',b6sn DEPOSITION" SERVICES -,(800)' 50579994 ?age .28 75A-64 !03/09/2 017 a champ trying -t 341th Ul t9,;come UP 'to tspee thl - 2 '46irij-, on. 0of wiftt you to 'kn6W.-bhe,1,h: I eie bedause she 3 and ;s 00 is 0*iodl to look.:at -this stuff; - UNIMNtiMb t: tba.6, -should have lbeeft taken 'into considdiaitioi . Lr the LEW; 'Yeah, -h 6bAtddj&n thii: 7 -bei6re they ever put it,bu 'r sale bo,'I came I to,,jt, 19, E-'M'A-'L 9 10 i6foitati&ap tq,gi e,t" p."sople 11 sbout this plan.. UNXDBN'TIO I_ED,-ME:'SPRA9R,: -What-about Ehe-bidildi;Lg 13 12 of right .in fr6nt;:6t you? 1 hate - i _;qe.;spaces that x6i -on ,14ve that. pcjrj�ip:g *p;; _ry -day! 'pobl�J0,.j)arkirij, every ,day: Get My .15 p;704ktY and. add it - to. your 'h6tdl; SPEAKER.- ay.6 the :city 'buy '17 it And. put in, 4 parkin -q lot. 18 MR; 66LEMM.- 'Go •Al egd:._ UNIUNTIFIEbiMALH RAXE�t: just have a. quick 20 czuestion,: Aie you going �t6 submit Ari -.21' report? 22 MR. COLEMAN- Yes. 13 UN=:RNTIFIEDM444. 8PLWR; vilil we have access 'to 24 I'those 'copies? 25 MR: C614RKALN; Sut6- 1.ih6Ah, it,`bed6mes public, L SIMPSON DEPOSITION, SEAV.I.dkS Page 19 75A-65 0:'%09/2017 :reoord once S..eubaiit i't.,: wZDENTI$IHD`MALE SPEARER'r wh'en,v & it conducted? The environmental impactreport;. what date did•you-conduct. .M$: ktLAHER .there -1e nothing tfiatls been conducted,. IJNZDSNTSRIED MALA'_ 09ACSR9. 'HOW 'did this Eranaaction-occur, .then, between'th-,,belling of a.p#;id parking s,tzuctuie to a.-px Vate, comganX .i`f .nv eaviionmantal. impagt report t$as 'conduccted to `see the imgagC ,'it iaas,..g6ii g:'to have• in th a,'pl ighliorhood.; n `:r_"egards Lto, traffid, ;safety: :12`, [,anfl.- ,MS', RELAHER: The. tpact' •report wlil "be .,Coming,•wi-th. the davalopment o£ this, parcel: t:o u'i sl sot triggered; through the Odle of -the property; itis :trggered.through the actual projedt, UNIDENTIFIED MALE BP.WER'- I61the;property,:i:1 escrow right now? MR.. COLEMAN: 'It:.is:. UNIDENTIFIED' tliI,E',8P&&KERs Thalnis. for 'the notice. MR, COLEMAN: I'have to `go,ba"O there I 'm. sorry.. UKIDENTIFIED 'HBMALB SP,SAKER. We live 'on the. other side of'Bovers_ and were alod outside aE the not-ification .area: ind ity's interestiag;,and, you lllow,. obviously Wo just the way it fell, but ,your ,notifipation.area 'is,,. like, STMPSON DS803ITI6N`SE_RVICES (6O0)- 505-9994 Page. -20 75A-66 'kh- qw,t ha,Va',the 1*mean, :you, 'might wailt t -0, 106k a. t, that; a',jot,bf',,jj the e jy. And Spi't C'6fit*Oted one, of-kny t�6 ba ic r -16i h' t g .-rx,and.1tAa. was the, first- thing, she- -said. °alsm 'that she ocjA04t_ o-,progrAmsao wn 5, Isis aijduses6 . that �pa- , rkin4 14t, All, the t1je,f and sa 'cAh,-q'cnhacE this, dit council., 7 i• MAHER.- Sure.., The?# poss-of t4i, p i006tijjq is or me to be,kble 'to get the, c6hini6 ht.0 !frost you guys.'..as well IT and ,irelay:therm .back, _NTIFIED 'MALE60KAK9R-The p]ann ng,:person is - hear -A lot .4b these public he-ar t_t UP. Z' au -13 MR,. COLEMANE :I Waat;:yoy t6--uha6rstand, :a6, a :14 rh di- s'-, and as .1 said 1,1v 4 e. ol,o4, it for •40 i they 15 Met, the :rules, we O_Ak by the iille'6, :Xft-'this','ca Bei 'in the 16 Sunshine brdindnqe,typicalI' ru ps!.you:r1oft,f- " y,properE -,y 17, owners: In this case; the �oity :has, g6n' e,'A-ste.pfurther and 18 said notify rea'idents also.. -0 so ;of thei1kndful 'f owe s,.we. n 'sent out -340-somo notices, becauseevery single resident, got 20 f A jilotics, to -thou h they q, even weren t.,owt6tg. -A44' that"s 21 to the �b6nefit of the dity, Laln their efioitt,, to, by maks 'ke 0 . 22 this puhjc knoir 1pdge_ and to ,get it .out, .',The,_jDropert'y was ;23' posted 'for over a wiae%o there, w .signs Si s,all,ovdr It.. weiV6 '24 done - every 25 gNTIFIED,NALE SUMEY, 1, ab about 200 feet in S.MPSON'DEPOSITION SERVICES J800YA65-4984 Page 21 75A-67 )OY0912617, ,the othet 4:Cdb the sitrkbti I tiiay.er•,got 'any '2' notice. Your:'actual `,latba-r was ibh6very first =ticik- that, 3.-got"- 41 hIItz d6tw tks- the 6#iy" no Z This, isout; Y among' t6 a dience';)' 7 !CELAHER- It's not A 'city, notice th-a f--*dnt out. 'They :are sib16 lot 'noticing: and they,'U'se the tax 9 :assdagar s' "c#dqp bo 96ma6Eimes ;'thin 'at sent to id different iaddcess6s'.,that.veo'le Inov abdu . ti 'What'Viw 46aH11- 11 genbrallY - onp,arf a—motidin - _g go n q, appam 12 :for •:NWtO n6tici#g:,&id parking, concerns. So in x'eqaeds',tq 13 future n6t"diii IL a� certified list of tmi6jAel�r'zfthin J. w.i 14 -500 ;feet j.ddile4:t6,:reAdapt a _s property, owner 15 the cite: Lt Mill 6laq 'b'eited in the he0.spaperjaii&-pri the 10 16, city I h, vidbiii t-914 are, the ways thdt Y.oii cdft,gOt 17, not1tie'di iii 4doiti.op-,tP,my card-. 19 W f tea -i;6iith? 20. '14S KKM-E-Ri No, 21 MR. COLHkAN: -.1 doh' t make the- rules;. •and whoever 22 said it is- veq.:right, •when she Sant m6. the Uqt I went 23 f L req'oay' 'freeway, freeimy, 24 'UNIDENTIFIED FEMALE SPEAKEJ; Patking lot-. 25 (Untrifisdribed discussion: among thd a,u4.iehda,4) ,SIMPSON DEPOSITION SERVICES (800) 505'7'9994 Page 22 75A-68 '14, 15 16 17 18 19 20 21 '22 123 24 25 10/69/2017 't!Z Rbih9 ' -to 46-:bi6k -hei*- !UNIDHkTJIEb BILE -SPEWRi Ibis sfid'uldnl't,.bbt �a, Cirdle th4� :YPu,h- �t� Boo -feet f�jead h ,.0 .6 rn'r, a bm, COLEMAN: This twas* done by; a.fes'��' Pro, - a onaL.Tirta that tha-0:9 �all they Ab 1- it up l# reach�.§#* and batch the Uk D I ITT 10. __ D,, sfio�O#itbq,acircle; it ihouldb • e sort of,.an,,6h1.6xLq; Just like the, probfty is obiong, it,f; 5oo feat 1=6 the south ldgepof your^property and Bob feet from north :oi ,your ;pT_ t MR. cotimAi4t., Yes;, :s i. VNIDENTTEIED MALI§ :$PtWR':. thi':iA 'for the 96 what -is the efiVieonimkibdi 'ciparance s tvi"- 6: C_ 'If' there's not as is tlgiRi here 4• 'negiLtivVe. 3splarq,404-'6i, is it ia-categ6ri6 ali ekem iipXEWER.We'have not 3etermin6d,,th hikeI . - said; he just 6u6itted:lhis plans two weeks ago; lnidrder .for it planning commission, Ve"11 have t- make- a decision -..by then and -it will be part of -our notice%as well: MALE, SPRMHR - So. uab !like. -doinedue asked -earlier;. . how, can we got together and see :itwg can, oppose ;this br "ect with some sort of Vote, because the COMHiunitY has weighed Iii,atid thore!s a lot 'ot.timi-i .thoughts; and a nPOON bEvo5=ioiN SERVICES (6100) 50.5=094 75A-69 Page 23 ig, 20. 21 ldtJol,dplh!'Ohi -and X, thiik they, all •cbffd,-tb gas final' *MR`Ik"ER: So thaE'WOiIld'b kt.the,bile 'hearing; vihIcfi...v6iiid &a 'for ;,the c6zditi , qi lal.,uad,pe , irmi, b for the planning -c'bmmission. I ypii :hiys concerns',. thefi-06u can talki to yqui n e_ig,hbbr -hood Wandget :tqqbbhdr. AM' kdvin -i P h _-pre- t n- iqueaft ., o, A q#s tegardi:ha, de.6ign.Aptaili -rK�ioin b.i the hotel`; pq 154t we.rd-h*tiifi,d 06 ppp- pq'it tMIDENTIFIED'MALE,SPEAKER. It, e- !s A -pa*Ing,,Iot. w . PiOT1.0.10D *,,,cf4q6tib,- kll to. "Ypu -, ;; the plana dg :commission, a 't. stiff _go 3iq.*tb;lie Within 11500','f.eitj 'those -are. the c4y pqgp;@ agep,gqin9:to -get ICEL'ARi-Eft: :And "ifi- ths;_d6Pape. Ws t, and .6n,, the VNIDE IFIE D'M ALE -SPED R; need' to get 06- void ge -but curs6lviesle UNIDENTIFIED !FEMALE" SPEAKER; 11 p` 716t-, C)'- to the -Rhdp.toh,Inh, but the oit' 'needs, to add)resO, the.,, y Ai C-PIMMA,N; And-thatis A, Valid' poitt-lor all of 22 i'.yoii. 1. 'Apqlke to the folks thah run 'the r senior h6me 'down -23: here, and they actually -said to me 'they, ihay."dj. like.. 4'pirkifig 24! plades: for about 30 esplpyees, and you -go '4ow.,does that,vork? UNipEiuiruv •FEMALE SPXAitA, .-And they park' down 9IMPSPH PEPOSITIICN 'P4RVXCP!S. (0,00) Page m 75A-70 03/d,q-/'- ' P;7 12 1 Ni .4nd., they, p&k' lr,'46wn ;here, "b4t' the h E UNIDENT101-D MAA?,;8pking-, 'Xh4y,,bvei Ulit. this 5 i4hoip area and the way it s, taken dar 6',of is any, iitt16, b, Opt. :6 they$ 11 - build' 'a ho -406 th"- A#,Y little 7 of propforLy, they donit�,car4,i ji�hdy ju t, k It: i- The city -6 at theiefqr6," kih oean car, q. par. _q;'is a -big :Prcblem. 9you to nee, ilfidetoEO:nd you're "makiiig this sta6merit- about za residential .141kr-, nor. :11 whatnot, For r me t 6,bli perty 6heke,s parking, brdifianqes. 'ThiA P;operty';*ak6s 'tho'se .and. -actually. -exceeds. 13 those by about; 'five s6aii-;. bU t thatks;a td-uirement,.Ehat!s 14 in the odds bo6ks: t-6d4 y,i When, youtalk about so,!@, of this. 15 pk6t ertyi, !*hiih T hdad, 'tha ;bhat ttbp"rty',d6wn.'ther'e,-became a ,16 ';sehior!s homej,, pool. Poo lady -Cells, i1pe IIWe:have .n6 pIace 17 'to *Park. And f4pi !Neil *49,t),aiks 'in your .parking lspoE?6 14. 44k bossy" like, 4"Okay i -S-6 your boss .'has, his on- te 19, parkihg, but, nobody else 1,as I t il' That!s a tough one, 26 bedause.thitis,stiaff that hat ev'6rybody has got to live with. I 21 don I.t,. gat to livelwith thatj I__get the •rules thkE may "you 22 ,will put Ehiff inany tacking stalls in or you wonft:build' IT I 23 that's it: The historical atuff thatis -already exis uL ihg, I 24 cant control that. I d6 know what the city controls of fzie 25 'today, and that is adequikte_', parking, (SVO 565-094 page _25 75A-71 03.j69 /2017 -1. UNfDEN7lFlkj XMI19,"UMMI: 11 want to 'direct, more 2 to Seflena'. kR. C ' '' r 'darling: .1 '4 iNxDSNTIFISD. MATi�„SPLATCER': S' ll,be,a gentle one: "s, I'Mwith, the ownership o k,,,]Ro4jbr'6Q'k UV6 .:6 ;more than., iolii-spaces,, litt 4y not alrea enough. to serve 100 2. I :rpsid.ents and tfidi; fainil''"_ avibers-.and. .Aidi&k pt6fessionals. 6: 'Thl'6 tx6je9b,andl losing •the pAikibj will Aerioudly,a gvp an ij• Adverse iffb6t.,op many, many families Ohdpe' o'ple!p I 1ve q A0, want to, m4 ke sure' that is, safdi: -11 gELAHE dhe,66=entg and .the 12 comments that ._are being ,made, tonight will !be, attaqhed%to:the �n :,.pialng commlssion. ,seaft.lreV5ft. -Like,I said, were 44 rViitheripq the c'b=ehts-t6'-rU4ht' - to be belayed, back.andthen 05 Ciilkecl about 4ith,sEaEf, ae,L;iddjj', .16 iu!l then in b6gatd-s to parkifij, �eadh_pr6peitY=-&es 17. ha-uie development standaAs,.OVeh -hg-W 4ci single •f amilyi, 11, commercial, office andAh#eis-ls6t standards by the".61ty. 19There were properties that Jiiit& develp ed'16 _0 years aga, 10 20' 'years Agdj.,and, the,•star.idarlds haVq§ cha#0qd-ov6Lr time, -ao a lot 21 of these buildings,, yes, Are,underparkedt but.thatis 22- abmething ,that t,ey -were .abie io,,buiid :at that point in time. 23 so noW we do xequfte eve�r)rqne ;to 'provide on-site patki j pg so 24. that we do#I,t have ,these '.paiking problems that we have here. 25 ihil So it is each privat6 liroperLy owher that Is supp6sed to 6IMF I SON DEPOSITION SERVICHS' - (,SOO 405-9994 Page 26 75A-72 o3jo9j-26ic• 1' provide' ;parking con :their site., 2 "f1�1ID$NTIPISD ;Mai,E„5PEAitER :. Butty ba removed, 3 the,.pa=king• oh •Huf fa1a. and Main. -Street,: ,eo .that buzldinq 4: 'across the ,.str'e'et frog. Bill 1s,:'therai's .adequate 5' `parking now:: When they removed•`it, they xemoveii it. on 6'• i'Muffalo; there is.no,parking;. Now ahi_s:as•;going: to.'ke 7 xemoVedr there will be-t4bsolvtely.no &:king_, .S dont ka'ow, g MR.• eoLE�nir;: alitq again, sas', she ,eta`ted an=site, YDre required ao `contain your. own parking on :your 11 UNI17ENxIFIPsD MALB ;SPEBICSR That building r6as .12, •.Built-. :1,3 MR. COLEMAN: Th'at?'S•97hat. I said: 'The :older,'etnf 14 didn!•t have rules. like they: dd• today. 15 YpW re up, now. 16 UPiIDENTIFTED FSbIALE SPBAKSR: Perhaps •th"ere.:ehould 17 be coax de=ae on liy the city to bu ld.parking..struatures :in 38 this 'area: I; tiaye 'a historical.'home _ori _BuTfalo: Avenue, but 19 Vin th:LnHng :of the. area there: 2'0 MSm REI,AHBR: Okay; ,21 UNIA$NTIPIEI) :bdkii ,SPEAKER: Besides .the parking lot 29 Tasizei. there's another issue. That.parkng••the.city.hap`,uaed 23' :for. •a mulEiple,purpoae. In the. ;aduper famil to get k'ogether 24' with 'the kids to play with -.- you knoii, bicycles. -And they 25: also :have different activities; they do !yoga, whey .aa;tiially simpmON DUbSITION .SERVICES "1306.) 505=999.4 Page 27 75A-73 1 21 3, 7 i? 16 19' -26 21 22 '23, 24 25 run around., ,Thei elderl :,people from th.,Eoliibro6ii *he - actually •qome, and they walk:.aicu d the place: And albo, besides th At, -when the -d iEyl-bUilh''tA 6, hotUsd in tig#Adr-e �, on Bush, they promised.— thd',aevelbpbrg,"ii3a�bhe,cfiti proiniasd•thit the re*side0, of thatpr'ppor,yu they: Vere 1not ;goifig to pdik on thq,,stredtj . And:' -w; City to a ,M&e ',t'A ifig and they paid that they -were not, 4110wed'to park ,on thd, street,; an(O.,n6w-they do.,park, e6 haVe',,ah 'issue with. a -pdrkin'Y.p t but, you know, the is ;for -isveryptne'. S6 ithit was, Aa n ., Ise thit�. was _0L.kt q -E fro'' .ihe � -, Ci:ty- :SantA Ana, .Soon moremorethan this. parking: _,, :issue I -',it_is, •you know; ,the issue ;of i all :the families gathering togpith6t' T ey','took away that'space that �t used 'to.'have for all. th6,!kid Yo 'kh to -1 �a prog-ram" the eity- bad a program- wheris all :the -kids jathdr and :ffdt tcgdthek. That wa's.A,gAn prevention to keep the kids. you 'kno'w,: busy and' they too ay that youl)*wi took..,away from us and nowthe a taking yl,tr a ;pg away the paikifig apace. don't think It -will lie 'the,zight Ring tqA6 MR'. CDliSMAti• :Hang qn, -!o UNIDENTIFIED -FEMALE SPEAKER; Two cjUestion-s" About the h#61. i• actually. .1t. dods ;havd . t6,,do, with the parking lot-'. If ttie pa(rking lot .were to stay, 'is there a. way •cf fitting, that hotel with (inaudible).j or would you have ,,a I liminaEe something or ddwhAize? SIMPSON D.900SITTIO.N SgRVICE3 (PQO) 505_'9994 75A-74 ,Page 213 i` 2. 3 4 6 7 ,8. 03/09/2017 MR'. COLEMAN I,00uld not create the proPer.ty without == T''Cbuldn+-t create this on thaE .As you,mee, T',m aecgnirin9-,o h ccomplish that... UNIDBNTIFIED.FEM4E.5PEAItER::5o; if that stayed It � :taut:. COT;BMAN: I't'wpuld'kill .the,.whole project.: i UNIDENTIFIEA. FEftt,E SEWER . I saki .t_haE tkiere. was ,(ieapd#Ie) (giving t ur star, hotelsv threerater'hotel"s: MR., COLEMAN S!•in. ndt•:partsdipating iu .that .at:.a11:: ;x''m straight up paying my ;Dian ;bills, paying my own, ttiizig. That. ordinance - 2'went through itand`:tosseA it as, becadse.lt .had ;na merit .to. it, ; u my m rid, to .,actually do �anpthing. This is a straight wi usiuess 'transaction for a:e; if it makes. sense we do iE, 'if At :doesn't make sense ve,leave: In 'this base, I could not: bui;ld .bn ,that- Jot .alone: That Is what',they.asked.me to•do. I said, ^I.:can't,do it, .3 t.+•s too aa,a . , , ° And .fortgnatelyy. I -came' •a jd' wise , able to' talk .with the :adjacent owners and.,acgii ed th s'to put together -an assemblage to make a ,proj;eat:• UNIDWTxFTEDFEMAtR •SPEMER: Zao 'you ever put parking structures with these? MR. C_RMAN: They,.againr ,kill ;the value, -.of the real'es tate -at that point; because the:dont -of the parking. attiucture•is so expense per stall that t•doe an'.t make any economic cense; so then the 'hotel makes ao:money BIMPSCJN DSPOSITiDt-StTtVICE9 (6010) '505-9994 75A-75 I underground? imbmuikA F16% E -:-SP ER... I d dr -2 3%., 00LEU.M, 'We Actually'dedi4n6d -this. 'as an 3 underground. site This -,px . 7.6 efty was debighe d- .,as ,an 4 undergr6und',Aite -L _had. t6% go:: -down e stories bo"AG that, 5, I don t'lik& g6ing,underar6upd. 0o 1,hay"e'to lo-ok"gE 'it, _rom '6' an 6&'rati6nal-ita p -w :t -under 6"nt. If',! don It.. an, t.6 diiv# 7 and #k, my 'car, lwYi oplo I, ask -a1guesb.t6,d6t At. Afid to, 'S be -ab1b-,to.,-su-kfacbr varklieie,. it Sbiige, bolatm,w,iije-`the ad laition `6f the -land m6mbus the,di4qing iin, 10' the'hole,, prbbabTy ains!d011ars t6, me., ekde' t digging the •a _p � ;in il the ,hole didn" r6, stake sdhjkd, to ie-. 'So that'i a hoW,_Wp_ 'wqrkioad it 11, out. 13 1Wr1b A0, -,again. 14 INMjWftivxm MALE sPrj ktk; I �wquld like t&,'dir-66t. is a, comment. E64e- 16-na. V ve,',.been -resident heze.f I or, 2 0 =plos It ypars,.,arid 1J,would like to 'supplement what hoi:,just -mentioned' IT, "to you, you kfi6W., about E46ie used tb.'be a gang prevention 18 program right here.that a Idt of children benefit 'from, 19 '#1;ludin4, inystelf 'They used -to take, us on I i_eld 'trips., it 20 was dalled.the, (inaudible),.; used to take Uv s on `-21 trips, takeva*,a, lot of places znd that prograin was, stripped --d 22 from t1hq .do�q.uhif - In.craer to b_Ujidthio 'hoU j' I., I - ' y or'that 23 further 'impa"ct64 our area and our neighborhood.. 146w,youtze- 24 talkied about developing a�buildlnig that has 13 , 2 residents 25 y 'plus emplbyees, you,ixe talking about bringifig 150 -plus -people SIX , PSON-DEPOSITION SERVICES (800).505-9994 Page 30 75A-76 3:- ,fi/09`/2017 I � - . . lh_'aa aiea tMtjEv already,6 Youllre str ?ng this r b6 dfits li order :to iiAld b4ildinjs, om b n iEL'AREA:. 11,46-filt hiVii a, his't6ry of ',that,.. UNIDENTIFIED j?p-_ME:.,0EMRR. -Vin 4ust ivies little'bit of background, becau.se vve,.4Yb'6n1ere 26 You 'know, t�v,` P I -ved het& for 20 years., Vvq •seen t4e,chingda ,that v o,n,,hRi,e'jbqth. posltA;Ve and hegative. And, thatf'- 'I'm ust giViit, YOU'd 1ttle ;bilt of background'on the prog=ams ;that f_ ted :f ro4!; and: thit have :be#p, A Y 1'.111 -note, thAt, An Eden': regards ardg to` bunging' 'si pop s - not going to for living 6ha term. These,,are- short night P;9�_. !a ft' ayp or a couple night •stays, at moa t And:'I dcjn I t know If -You, 1 wot d ha e I till, M occupancy all eh6.t�_ �xp a 17 UNIDtNT_IFIiD,'MLE 5PMM The - t . hisig. is- `that 18 what .I reed ;,S,Ch# you know ;how - it -gays •that -thip, 'is it, 19 Professional 01#040 distji ot-., It states somehow that 20 b4sinb'ssp_s can. Operate from 12; n _0 0 to .5 - 0 d on it. Can yqu 21 translate eh 0 at- f oi-,ze, bdcaiise I can't',underbtand A' A#0 -22 even when I :read the Pi0fessiphal'C'zone diAttidt rtjes.and 23 rp -Something about,busie ,guldt bh�; it states n ases not Sin g- •24 able tooperatefrom u,00 to:5-00, coincidintally, this 25 parking structure does.not:ailow you to p4rk fib -m 12.-" to Page 31 75A-77 .^03'/09/2017. 1, Si00 a,:m:.. So my.,giiest�on.,is.''the hotel 'i:,s"open.;24hours,. how '2 are "they going, to operate in .that time';fraiwl 3 Pg COLEMAN:. .Iet•rme•ask you a question: "Hayti you 4 ever seen ;that ;parking. 1'pt :eipgty? 5 U15TA�NTIFIED'MaLL'SPF.AKER: F..rom,12.:00 to ;.00 7 (YinttAnscribed disoussion;; among•.the audience.:). B :NIR, :COLEMAN: It is. never •empty:. S. have `been., 9 photographing 'this. parking" lot. for a'year. now: 'I have' 10 watched people == please bear .with ate,for.a.mnute,.'becauae 11 you :all _get-,t talk', I want t - be- able -to say,"something .too: 12- -19- 2 -19: there.. '2!ve':watahed actual .p osEitutxon_:goi"on .against 14 float 'fends at- lunchtime, T,,have photogrgphs of it Ai3d I 15. look -at .that-.dpd go, "",Oh, my God,. 'dol want in ¢y..Kids "mound ]6 that?" No.q. 'fain involved with 'Aids gokks iiz.,th'is, cEy, I 17. put, my, itoney,wheril e-my mouth is, 'I'm trying;to;-buy-a 1ot�•to 18 put,a .Common itygarden iii right now: 'I_do, that kis>d'bf'stuff 19 (because T bslfeve exactly what you believe, that if you -doni-t 20 take aaie,,of'.the kids :there's nothing left: :And.'!, wat6h 'what .21 .goes on"in 'this. ph king 'lot: and Il.m.appalled, And'.when.,you 22see people coming ,here,- this.fa publ'ic;park3ng a t 4iow, but 23 it isnot your local garage,, .it's hot your,workout.zone; 'it's 24, ;not',all •thoae things. If'they.fericed this off according to 25.t, he hours thati they're supposed to, thoae"peop•le wouldn!t be II' SIMpjov DEPOSITION SSAVICSS:'06') '505-9994 page 32 75A-78 5. 6 7 12 0 14 45 18 19. PIN '21 .22 23 24 2. 5 43(Q9/2017, Oaimug _- ;thei e+ bVer., I haVO' talked !t the residedts•:: in Ehi neighbcirhood that- park there ,66c' aus6thitla.the oUi - 1'a the rk, u Y ca s4.,thel; bb:4et is t14114, 'that"o'n't my, fault; :tliqugh. Mk_h jq.b id: to 410'.What As Aght,,6hd* at:,ifideti. i -.qo-des, and In ih"a 'Casey, YqSy someOdy, m-&kbe-got away`*ith- s tuf f - or• elder ibl' Idings .tf br6 btjjlt in the dip i6eii , there weren't as many cars as'there are toOdy.;, but,'eVervtbi-' :O'u, OAS Prbj36'fty has to meet th'e,,codo L' d"' p ay 'arO it..*illmeet those c0degi.s. J: understand: 'You'.re'talk3ag about illicit activities, ,that, .40 Cod# !n:,th6.-park!ng structure, -do you; -believe -that your .ptructuro,is, 46i#q 'to -pre e v� _uE that'tipm napVckning? ,MR'. COLEMAN: , U_ 24-12qur -a 4`4y pperat"' _'th' 'sicutitk and,=_ 'eNiD_ENT-IVIE*M_ -AWE SPZAKERi Ma ,out.. o'#' FOM qu OT it.von't happen, b#, the Op, ria guarafite 0 that It will, prevent (inaudible)' MR; GOLSMAN: I'own hotels. J 'have Sejduii4, .guav# bn.'ali of our properties', the Iights,.Are on, le's a protected ed i environment. The 'liability and 'the raquiremduto- of Oijt on H_o.,t,,e1,s is' to have ;gvest,b, patrons show up at 9.00'i- ten. en. O'clock at night to che-'k into a -room, yqwie iiabie,for- their safety. Arid'trust me, this will,be safe. 'There lb n6 access to the -:hack.; this is this property only, It kilLbe AlkPSO-N, DEPOS2T'10N URVICES (86b). 505-1904 75A-79 Page 33 nothing connected to Zinbh,.ftreot,. And that"s -a, busine0s ;2' 'decision tha 3.9 -re -que `by11H d b 11H 1ton., .. UNIDENTIFIED MAU,,SVBAkU: :Talki.ng, alzpi.it :taking. 4 pare of 'the k;Vds X take 'care ,5, business. -is right in frbnL."ok uniiiafbddy; i: took, dire. of. 6, I. dive tdth the hoiftKebal'being, im `my :parking lot day. ADA might every -Winglb qday; if- t.pay tqkdo_i,`isnit thb-qit ;suTPoaed ,t.0 'provide with o trlpaiking 'for. thd nei gWbrhdodB?, 9 thi's doesn't - - yt ever'— 'h _is� t.:99ing ntb- everybgdy. that ing' w I. . w d6esliv t have a s-bt, is' �mqw(,goih ,to park. imiq;parking 'lot ,-il ' 'Ir6m mow drl? 12 MR, COLEMAN; -'q-ti I ior s tiong? 13 UNIbENTXFIED,MAtE:8VEJ=R.-, 11 •just'wamt- tomake,a .14, 446k c6=ent,, live been,,Parking..ovbr here for acouple of, ye,seem,�w,g' oih9- 'o h, herite. �6ars,.,,so V n 'h'a��,s',:-, it's a po'lic"e 161 ;,enfordement p-ibblem,i -MR. , COLEMAN: bhj, .,ye'A.. 18 t!NIPENTIFIRD,,,m4LR 'when i forgot that, IJ Vehicle was overheid it ;got' tibketed,, and there'sa Oign '20' posted, -right ,out here bythe a fteat, :that, 4a.ys. you d0lt,park 21 here. 22. MR-, CdLkW:Vhd y, d , _cnkt e.nf6rc,_ that:. (Uhtiansatibed dikussiph among Me audionc6,) 24 MR, COLEMkiq.'. T�heire viAA a'hand over 16ie. Vid I 25- ;iAns b6m6thifi it not, 'Sigpsm Pzp6BITIoKISSRVjCBS 505-5994 page -3-4 75A-80 03/09%2;017 UNIDEIOIFIED•':MALE SPEMRI;, 'That :property is owded by, the City, of, Santa Ana; th'e, pi gperty bdl6., .._ng _ tb me and •to all of you guys•, . so''If it' is -.my.'property, f l un liot just ,going tq give it .aWAy• for you .guys to';build,a .kotel', 'because it As myproperty, it !belongs to: ane' and•`all of!you" guys. QTR. COLEMim., 'Nota .problent. But doyou ,kn(*-• whdt that property, costs to °op0iii0? Doe"s anybody, n this room kriow,Aat the opei:atio`nil expense •o'f'-that property as for ,the .City of $anta� Ana4 "Q21ID8NTIPIBD. MAL'8 SPEAKER it."doeari!t matter; ;we. all pay fo; iE., UNIDENTIFIED MAL$`!SPEARBR; 'I'.have "a•question. Doep not thea''BoyAra:Museum have,averflpW parking for evei►ta7 UNIDSNTIPIBn,FEMAI;B'SYSAKERE I'tfiink people do, V4_ ik thd-re that •don•1 t want. ta pay the parking: fee. MR. CbLEMANi That 4roiild r"melee, sense. (Untranscribed discuss'ioh.,amoiig.the and enoe",) UNIDBNTIF28D EMALE,'SPEAAERp What 'is •the .operation. ;cbat4 2b MR. COLEMAN: $184�•500'a year_ something of .that 27 nature; and that's no•po7ce enfo".cement, that's just the 22 maintenance they .put., into ;that.0'ace to keep it running", 23 (Ontranscri.bed _46aiigsi6n among 'the- audieacs. ) 24; MR: COLEMAN: Y'es', 25 UNIDENTIFIED FEMALE 'SPEAKER'. So the question. is SIMPgON'DEPOSITION SERVICES '(806) 505-9994 `Page 3b 75A-81 I I M/6§j2q* have you ,figured 'but - tow 'b4is will into bring! 0anta 'Ana, and with t . lie 1O.t, being 96id, ng Solna of! i is -there "a, a �ok, taki way that MorleT initially. -and ahs lot, money and Figure out iahaxe to -#6 `k" his, can be buijt, parking So: E 4 .. -COLEMAN; f"M sok. going td giVe"-you 1. . . . 1. - -1 _-, qq=up kty. 16 1 lnvclvemaat, hovi is that?, ,7 Uil, TDENTIFTED 'HUB; -SP=ER-krlect.. :8 R ki COtk&Ail` Yon: have an actual , VAI I ia pb ii I �t'. Th6. 'total ,TOT on-,* 'Hotel and;'.A"at th6y-,,wUl, -save `on .parking T0• 'lot maintenance is -$1 uii.3lion,. almost'$1.;1 mliion.;alnnually.. U1g1_T5M4T.1F1_Bb,P1W"HSPZAF�tR,. t.4habls 12' COLEMANSad tax, because _bed .tax 'for w.winanec 13 at yo -u - are paying that.Sqd-taz. i4hoaver-cpmed-andj'tay 0 1n'14' *at hpt.el;,..and thalb , IS ivi'th,gny. hoted;that "you-stay,'in. i5- i.iterafty acrp try _0s the,' c6tinb - IS. you -pay 'S'�bdd,tax. j.tJ1 g a, lit -little note on -your l bill,, and, y6u -don t, ever, :sea - i - 0 t* because 17 you just pay th6-tobtom line, and Wh' t- it is:.'But a 10. that money -is going t6494*6 ue 6it - ootf arS, At 4bes into i§ the .general fund: There is do it isnot assigned +p- he' Y 26 it can only jq '�to .restore the hotel or it, can only .go to 21 -maintain th6street in frant,of the hOtpl, it is -gqkg#; . a . I , f und 22 zoney,: You peak to community Involveicent And,dp6nding 'that 23 money, that is, -i.eadily avai.16ble for you people to go in and A say UW'h'aL,do we do?. welnos4 this is occurring, 'You've made 25- 1 the sale,. We're -going to havea. bed tax. We"re,goino: •to -SIXP�ONDEPOSITION A , D POSITION SERV CES''(40,O) 505-99-94 'page 36 75A-82 I 14. 19 26 211 22 ,23 24 2t hjjVjj.jndome:. How do, we get on. the raster to . say h_ :06UE fixing the; 'O lots? How %about gettIng• us,another parking'.. - p something i.wcAdd _hdwd to 'ppape?n'That i thing tha.'t take' .up it, 'I 'have tondo it, can't -develop without 3t,.Itis just the iulij,: � b'lAc"k and ,white., UNIDENTIFIED MiLtOWHk; $'0 when ,you talk about �running. the 'hotel parking structure •at �a i6e _f $18;4,,090 _h e WYea ilyi. j thnktbd cqzbiiniby zan.easily,Vay .,.that amount :of money 'if you I , rexit-you out the stalls �;heh' live a residential,rndighbbrhPo.d.'aRidou go -"y apply fora pavparking�xjjitl a" fes -;of .'$;6'O "-for or -'24 iianthm you're allowed to. pack in Y6ur.structuiei iKas• looking fpr i6V6fite, they should hive., "'qavd h � us;'t,at-,op,Iqn -and rented all the -fehiddfitb .that 1.:LVp ba -re, akid:bene *fit fiom this, ,bgeking -jitru6ture an opportunity- "to,actual;y.:pay for It to 'bd ,able t pikk. t4eie: Novi YOu I r& talkifig i ibqi.,Ehoiv yo ke qdirig tb-be bringing In, revenue for - thp, i ty ,: your, bed taxes -directly,to all that, You know, that moh dy" -f9,.,n6t going " the city: Xou knowo tMs.mbney id-gb1-in# g t6,g6 d 1 rectly:to -t e -city. Th6Wj,so,many,programs that-endfib from, this 'structure, including .the pplice department when they do 'their sub.c.esEiful. Pheckpoints. YOqlxe •go#.g'to abtit,'that from the poiice "detartm6rit as wbIl. This 'iq,,wher6. they set up, their -sudoessful chedkpoints to stop elidit ac I tivities that you so S-IMPSON DEPOS_I.TIQN'SVP.V.XCES- 1860), !M-9954 Page 37 75A-83 .03/q9 oil, don? t; Want ';to happen, -u MR: COLEMAN T dont-kaovt'ivhat to ENTIFIED MALE: STEMR4 Whit is .the number of spaces4; spaces; parking,• is ,'MR; j,',have A0t physically counted them' dead on „'but I think., th6yTre_.somewhere :around fis 7. t here. ;, ,00,.: 4. IMIIDENTiFltD MALS $PW�R_. Itsie0m_s--,:.lIk8'_" I ,more ..'#4-orox ,but of ypu gp,��Out• 10 and' -count ,'them ,:tihere's IS can do -.that :and ;provide that,;, 1'1 UNibBNTIPxED 'MALE :SPEAK ke IYei the 12;,X'u loam '&&--�MA Vv Oyoejae f - ---- doing or ..A. 15' ;(Unt'r'ausaribed 1dib6tission agtont, tfis.:audience.) 16 MALE _ap•pany, 17' rdgvelopmente,• 40pa4entlyi and ay quektion, is h6 w dbaq this .18type development tYPi'cAlly, "once .1tis 66ibi' hb�i, does T4 it .typically,impact ropert vajiieb i 4t A i. -gay .:#hin, 2.0: 'thqu'aand f6et Or. 21 MR. COLEMAN: It goes up' b"Pay _ c ,T je.p.uhave tealf i C* 'index of people that, come through 'iiere.that..want to 'experience',the a t' t to 3- Wan to, go restaurants, rants, want to,,go to ,24 ,"Bqwsrs ziuseum,,,want to go td,,the DiscoYery %,' -want to go 25, 't6- thAbbs .&iound here and everybooy is .eqo vatjedj all the SI SON DEPOSITION SEAVICBS"(B0;0}' 5Q5-9994 Page is 75A-84 I : Wbo/all" suet gibid-'fig 2 '0 there any xul6: of .3, ti�6ut -how M14C h ht typioally fidye 4' MRc CoLknu. dan' It 'a I've !never really TL 'mean, there',9. stAtistidfi out."therei 'but - I -don!'.t dwell ''down ,61 into thbsfif,ihdtihtich; , bu t it ae a :piovezi t66E ;and. 10 7 gubjidi26d that. -the; -"r'r'o'Undi.tlqarea,s-:,bdnefit. frop the advincemett'pd'-thb0 '6 _qr facility,bf, this-:naturoi, ble, VNIDENTIEiED MALE 5PRaXER: -I4il-`Whati-st4e:,fi4ght 11: io€ ,your :building,. appr-o-xi*4telyj if khow,tild exact. 12 'MR i. COLEMAN: 1,don!,t know the',exa6t height., 13 14 -N(RC914mW:ItIS- six -Stories . - 15 UN1DONttO1-ED SALtE :SP1MK R- .SIx, stories. Toti x6 ..a 16deveiciper thatl,o-'been it, Iusindss fdr 40 :years, dafiiy6t, 17. app=bximate; roughlyY f,m't k.4"'t 18 ;,MR'. C,OLMLkN; ;T,f you Ehink 119 apologize. 20 -?;gp )MR. -SPEAKER: You, obviousW ChaVe' tae 2i bxperllence 'r6401ily -abbot low many fleet (inaudible) 22 MS*. KEI`PMR: Around 70. f"L. 23 MR: COLEMM" 65i -65 fseh; .24 UNIDENTIFIED zxtE SPHAKgRir You certainly, Ill the 25 tallest,. one '(1haudible) BIMP&ON,PEPOSITZON,$ERVIC85''(84,0). 505:—:9994_ Pag_& -39 75A-85 I I :MR,. COLEMAN:: Noy .Acrosa'the•'street„''thDse are .2 -alrb.adSr. that'highi The i - a A They r fi afid (inaudible} p P O.,,.,nO, I .34onktbe the, :tal 16s'j-, 'Apd;t"h1, 0, zone' 'by, ,t . he way,, A,unlinited.. There, iiillbe -.A -jjms buj;di 4 idko9b :the bldbbWIFTED FEMALE 8PEAKHR-., Wh6te ie that? 7 IMR, ,COLEMAN: Th �E( e roaft4y, 9;10,: 8 ITU NTIFX13D FEMALE:SPkAkER; T-im', the h` DE pa.d"'PT the �'fildtofiddl -preservation B6Cj'd MR. . C4 H . MAN 16ir, malami Ver Y In ;ins the iI!jtotid&l.biiIldings,' .,gq#g;'to.'be: using in the 13 pro jest; said ,wonderifi ana.whols .going to :,be. inana ng, i4 this property and v&at do .1g914 .41%vlsio'n them being ugscd Is. ML, t6tmm-, h -jyjIl be part 'of _t86 hbtjij 16 Property:, .. Petty! 'They will be -.operated thrbughthd,,xnana galnimt.;of 17' the --hotel. And. we -are c u i r an, f. f.#cking;',arOund'Ehe use of a 16 j coffee shop arid A restaurant; ,or a:coffee shop: -and;ihote, of a prcifdosional use, it 'will ,be the home.rmgh't 'in ft6ht:here 20 tWq:96aFarlaq'ehp e is staying, and =- *hatie the name of --21 that,ho4s e? 1: just saw it 11i the repciti�bedause we've had 22, the historical,peopib comeand 'do t rdiDoft oij the e'h ape, and ;4 the Igmily that r- I forget, their- navies, but they --'I think 24 i.Li:i:MeIton; This -was the •1461,ton. home j El . ie cottage tfist Bits 25 xight back here, the thousand toot cr.aftspan,style-sl.at kmP S-O'N DEPOSITION-SSRvt_dSB (e'dc) 565-9994 Page 40 75A-86 h6liss-i :and i th t, -up, 'rotated` a an a �*c t i a' d,,f acing the Z 'That, is: :this -building.. 4 !hoiw._doe.4n1"t 10,6V6, -It itays "right there? 5 MR., CqPw. It; stays. tight sits,: th6 workdrstation Vdiii't. b4,he_r'e*,'but the Ioube lm,.fro nt of, it -8 (trittaho croo discussion . ar6onlg t,the audierid 10 I UNIO$14T IPIEb ZQLb,SPWER; -I'm all '-fOr a, 16tel and a ways :,thought,4th is_akianeeded,6ne.. *6'have`the;`boWers. 12- $uJapula.mid' -a •car, wash; which is, 13 ridibulcus:. -Thd d6ebh t even :khoW *4a t It wants to: do 14 next, '4nd Eher.0"rd,should,be a ldtpil �horb. ina ;v -,,Vi� - It looking.. at the drawings d'- I 'hop 6 'have,sdme 'other, pgp �m hope you 16 akchit6dturp�'somewhere ,in.vout bac)t "pocket; .-P66,ketj,becaUs64b .17 prettv -uninspired, LfVfouldIikG to see :eomething ,ap•ec al 18' 1160xizg, 1-9 MR,. CCUAN: -well, and you, hhib young l*dy',and 20 heir boas,'hive, already mare that co�erit_ -to 11 startWith a 21 pallet .and. tthqri- 1,have 'to "leave it open to, the, fnte#'r6tati6a 22 -of the city, So .1 basicaily�alwdys take dkreatibh ttbfn,'t 6 23 planning" -department; the folks, tha t - actua iiy. '4iVq -A sAy-, and & .24' feel for - whatIA goin,j•on. M All,,of .you are locals, thiB.,street 25 is very eclectic,. it ranges' from the 1,20A all the way y -throuh g snipbw miPmszTiouMVICEB 4866) 565-99,94 Page 41 75A-87 modern, -W -you v_. got acad_e of thinpIerd., $e ,2 Ehaitthere, 1,tie a st#Eizj point, inti adjusted. UNIDENTIFIED MALHI,$pjAItft:04 lecdusp it 4 do (esn"'t ao4 very�goodj, I I got, 6 - 0say`. 5• MR ;COLEMAN: all ii�jjit. JUbt apprediatb re .1 bo'dAuse We dp7 rieOid, gne'r. mTl0ENTIP1R1i;kkLE SPta R9*'. To ind ardhi,tectuft of `any structure _5hould. e Anopi p�gi Z0 t, na k. e p6pp;e want to TI'07V& the, area. 11' , MR :COLEMAN S5!OWr ! Ok_4Y I 'get You ifty', knf �l 2 -4fare y6iv- go. Ila 1UNIDEWTIFIED MALE, Z L P I RMIRR.: ,dome to, more meetin - e _4p and help you_ out -W th; that,: SS CQU .K6 At" 'q I tlght,. Ehatts.,whY 16 I:JdAy ;1,mean, whdt• dd-,you rihink of it.. 'That, 17 �beifnq, adjusted. Thi=s peoP!e� put' it, together, -the i@put 'it in lron't -,of me,, ah - _j p aY m-` Thata 19. It is -for now, 20 iTNIi1ENTIFIED ;s?kAkE,R, When -do, you;plan to, .21 break groUbd? 22 MR: COMMAN- Md,•b i'obk' ;P9 at fOUr to, six. months, WIDENTIFIED MALE, SFIUXER; P&Wr .to -six months.?. MR, CO,vzmAB: kes, air; 25, lbs, m&lam. stivpon ptpositio*u SERvicrm (860J 565=9994 .Page. 42 75A-88 63/9.912011 'UNIDENTIFIED FRKAL9'-SVkiKER':This is 'the >dxisa=. 2 Afd.t=ict. tci you, know 'if there's any reS t.O` tilcns thoy."Pe, 3 'pl#t#g_'on it, you -make it fit in. the mu's' eum-A! s til C'O -it will, do'�t�tdr 4 'MR. - pdr;E the!'.9 y 2: n6itkil ljipg-me what they want to l'see and'hbft to see It.�i 'they want 'S t6famunicauwi5 to Aatef haVe, been very wq.11 , eceived, -in the . 1 sense, of Bowers j(Us6um,h,avf-ng cSome 'p ace for their patrons to 8 actually i6siA6 while veddingb.: -and, doing 10 -go;They 'go .south or'.they gb•towards Disney,. po. if 11 you. want to. -keep 'the Indobid 'dna'. the pe:opi6'in yo -'-- ur 'cit -y You 12 -hiVe- to provide accoutrOuAits'that they, -,need to stayin your .13 And Ehat:',s iiha.t-,B6k6is,Museum I& cooking', for: 'thq 14'folks %that own the Discovery 'Lube �are, elated that tbe'yj-,,qan 15 hiiip an .event .and &ct1Lially.'_b6,,able to say Ri t ,there yoti'll y '° Right 16 .1$0 able'to 'stay." 86 they,, with folks staying ii in 6iir co-umu"-nity and spending 'their Iiindp and their dollatsi 18 UNIDENTIFIED,: YMMLS 'SPEAKER; ,No special 19 'restrictions and'hoteloAd lit within that diatzicO -20 MR, COLEMAN; Yes. 21 UNIDENTIFIED MA.LE-SPkAAEk- ii6ii mentioned earlier 22. that there would 1b fire truck access fr'oiH the closed, gate kon _!23 ',Bush Stre6t cdl-de�sic.; 24 MR. COLEMAN.' -Yes,; -25 UNIDENTIFIED MALV -8PEARER- Now, where would the jlkP.96N DZP6STTTON BERVICES (,800-).505.-9994 Page 43 75A-89 1 2, 3 4 7 .9 ll 12. A3, 15 17 u .1.9 20. -21. 22 23 24 25 03/09%2017' ddliiVe'371ej and V, -Cit,�gh 0 No 'All 0610'frPIR Ma ii Streets. ',UNIDENTIFIED MALE $Pmkk R; Nqvi I worked.--.f6p :the -City, -of BteA In ;planning and(engineering f6t cjui te a jo ng hjt:1,6 aw tilly tight fqk-,.6j tj6j, -and I Im .thinkingf 9 a ;fOr larger viahidIiis to try to move through that -parking lbi,. think 'that I s a ;very opt mistjc; parking gn and -sureVin YPu"ll '46 that -c 0, mnidht:f 60 ;the "0 i Mo COLRB"wdll;.-th6cfty 16, befft;e I; start tirtg,ask-th' departments, and'fire marshals, everybody has 1pok64 gAt. this, f6i f ipv and "o i tau ldtibp',,,,but they 4o have: ,their 'saj7, ani; thkt.4 J S why,'.tbireiz engineers, that i a why 'there O.B. foiks, it,hat Ad-th'af specific f Wotlk,!L OR' I'laye �A:qu H"n for. UNIbWd M_ I�ALE SPEAKER: you: 'on thd 55 thereh, �s is Ji,kiltp o -did y,6u guyp,,4'Vej e op, .that Hilton',t'oo7 M. 'CAMW;i, No,j Oki for 'ibing reason 'that ude4* .40 be :p -_-rt of :the freeway, W, also vas,,tart' of the city,, and they took away the Hilton took avigy 'sortie the land -that 'aqtjjajly.-0Aq a federal land and they:,moVed,the entrance, thei entranceway. to,get .55 No:e th, . and, I 'Coiibft I't) uhdargt4 d hoV in, thew6 t1d'th9Y. took -:city .larid, or city property and •(4ey d . dvelaped-,tfiat: "MR. COLEMAN: that is actually in the City of SIMPSOXIDEPOSI TION'SERVICES •(800}'.505-9993 Page 44 75A-90 I I Tustin. :3�t a ,a, Marriott Vro4uct ,, IhOrdll sl,`twO, j4arricott l_pr,6du6ts.'that',weie deveio�ed BVAtt e,'oljj. And th- t,,*7a6a, 3. 'of, tS&t,:,WhA corne I r dti to- ra .4eril aaddiBiti-on 9t, the '55 4' 1-reewlay 6nd •Edingei- "and that, Whble, -06th6i., •'As" a tattier of. 8 fact, a think they took .out thre-d Aiff ei4iit -they :took. out acpil plant, they took Abut, a ,coupl•e•:of things b .n th at, corner, 7, to iealign althaL street, Thai Wad,,ActiAi y'40 o�b- ,8 :daltrAns originally:, - -took, the r"13 'estate and then ,J disposed it back to 'the,city.,,and',IEhe*n. the jc#Y;Mihs#qubntlY 1Q 1 sold, it Ito "Ajtie. Q I s- I . 2 '14, 15 18 26 21 22 23- SpnKER. AWell; It 'is 'it 'Hilt6n- PlDi I IED, kMil '0- Has!afiyY ody lln; IdbLkkAk. ,tor ftp.e.-:a Fjirf-jfjjd -and .a lissldents: Ihn,Mairidtb, I on it 1:�. know,bec,ailge q a,Qa,.,w h jp,.quyA, 'OVOY, AdY - -Sir.. tR4jDtNT'jLFjEb. If you-'rei..abld to start. 'truct"6n, how -1- IV- does it h cong 1., 0 Lak& forl,-t a place. to,gaL in operation •after you s;t4ki bdniatrilction? MR:. c6umiwi year'. Thjti,s but. rj6='al turn is about :one yea=-,, Y-egui sir. UNIDENTIFIED MALE SPkAkER'.-, What are. the hoizts for -24, 1 construction? 25 MR. c6LEMAN' -theylire pp6rAedl,by, the city, I sibipsoN bEPbslTlbK-SRkV.ICE8 (BOO) -505-9994 -Page 45 75A-91 I E 17 iq l9 20 21 22 23 24 25 03%0$/2017 believe. its 7;'UO to-'S.00:or x":00 to 600( 'spmethi'ii ,like. -that,. but 'thep'Ta.. Very ;controlled. ? UNIDENTIFIED MALSSPEAKER: Sgven days,a"wae,k? MFt; 'COLEMAN: No.e; oh, no, there svo"rk,my .people on Sunday; We just my belief: So,t&ere is :no Sundays and`Saturdays are,even limited, IE -pushes the starting hours later in the day gad shuts•.;them down aooner in 'tEe eYening,, 'UNIDENTIFIED MALE,SP.EA%ER: What is the conatruction,mater.ial? s U-6ing to .be a coacrete3' MR. COLEMAN: The abase "structure ,'- 'it<1:6, called, a podia cone`truntioa. The base.s.tructdre is a=•concrete platfozut that, will:go up with, 14 .foot.clear'ceil3ng height and -then the thickness of the flooz .and,' -from .there; up and i`ts .a :atiick •and: atugco•:construction;. UNID$NTIFIFD.'MALE SPMIR R-: •Five:."story ,wood, MR', COLSMANi Fva.Btgry'wcod: UNIDENTIFIED MALE SPBARER There•ivae a little l -triangle batyieea 'Santa Clara; Main Street and 101, wh"ich is (inaudible) --,.and there,:was a little ma6hine:dhop tin F there, i iaorked is there running aircraft parts .in Worid'Wac II, And from JWn.Street to tuatin -- to Chapman Avenue; that 1 s where ail the hot rods. - had to .test •my :brand -newt -49 O'ldsmobile, Sl"-S'9N DEPOSITIONSERVICES (a00) .505-9994 75A-92 Page 46 4R,; CO eq i4t6."6 t6ii it's like that.- '2 &eqauSe':MY,`dj -strip was ,bAc'k,bihi_ ..� the n 3" its no longer UkDE,NT1F,_.tED kiLt InEAUR` V pi, . "Titw.Ana-Tf:icj'h of 1-45; COLEMAN. Guys- 'h 'Srin 'up the changes .7 Po -you reallz_ew ..All -_6,i thig:#6ppity 8 Vas :a4justdd,bedAuse- of the:Santa Ina,, Ftidwdy?: It was -9, ,pur a us� a Freeway, ow ,aZ s, Juhde�r, ted'bec, uso,�the Santa An?" F;:S? 1 10 gagd;'fibent_ that what's 'be's"t,'for, the ,.whole , taxes- over, 4hd '11, supercedes whatie best foz the pellI #-v,,:it-ha. t A_rb-;Irm4Ve,d; gy. 12 �neighborh6b3 t6t.1 --g;eW,up., in ithey threw --?4p tilde 22: freeway -ij might thiou4 the Middle, jqbE iIt,. All _*,#iendq on tha:t.,6nd 14 :of tkd htt6dt ,were now' --on the,-othdr bide of 'a: ffe-e_wa_y--,j -,YO4, ,15 had tcj �qq .Aown and, around And ;back t6,;them. to play with them ,16 and -hahg,dut,. this ---, libblriliy-f this i— per,tk:w4sp #u;tiple p;o 17 in4pendeU4',r_eqi14phtiii hote1q-. Th_is Bush ,Street went 18 through. thip.,`Vas All pait of someth'ifi At.oh6.time... 19 UNIDENTIFIED MALE'S ME Ri: Santa bla-0m went 20 through. :MR.q'0LX' W. Yeah, -until ou'r,g I o , v e , rnmenbadedided- 22- that we needed a'biggerfreeway and they bulldozed it -.down, 23. WiDENTU-18D MALE BREAKER: There used :,tb• be 'a 24 train track that -tan along, - there too;,- Mliat wag,_goifig to be 25• the bullet train between L.A. and -Sah. Diegd,, SIMiySON nmPosiTi6i4 nRvidE§ 505-'9994 Sage 47 75A-93 17 m i20 21 22 .23 24, "25 t3I2'. COli$DSATi Hut those are t4that 4t. in •'qur lfetima we see all this;O es- i ur p;oper_ i nkia1d- h" gy took, & third 'of oiir. �Iihdfjj �d: - ----- gq and just"jjuljdaie h ,widen the 'ft Oway. I ha'd,no 5'�Byou-l*d."h'aVQ fought -cud'- - yel3ed and th:6 'di screamed,ty!ldidii (t 'e are,. It! s -:01,1 -e -d 'domaini the bld* -It '6ki'lient through;b c e tEdt, fat the ,tiihol'e. If 76U 40 UPIthe .5, lreevw,'ond .Panyenita ;in that area -Oh6 ore .doing :the same' th"ing'-right -now. Thi ey'Xia""blawing doiht every and 4enlng, the 'freeway. 96, o# the -'sl -i•PreVem -385 the he�'91.. 'They di dh it residents ff6ctedby- ,d4reithey said, - r from. the §,l fr6eW4y',you" re Out ry, -Me pppp.14; of here-: k1d,,you can-dtiv' h' e A t6p*ay;;;right now •And ;see �b9W't e 4eVv'dilt the bi-addstof the:bu'ildi'o off. :Ve always dahi't.,96t. a say. In. what.:qO, future is. YOU haV.6-,A Chalice, you •have a voice, you have -a ;city halls. you40 talk to. them. kly-j9b tohighL-was to inform i7i y§ _-u:,f6lk6,of what,I see. - fdr th'I'B property: You all be b the -same voice that can gro �say: you donl.t want to sac ';t, I. cb#fme'.r%d •You if thatis What you Want to do, hecause., tha'ti 6 the,democia'tic -da- I 1 -1 I in ',allowing you to have a voice. I .never * evqr.,appose anybody SIMPSON DEPOSITION'SSRVIC65 '(.80,0)' SOS' -9994 75A-94 Page 48 I 1. I's - . peakngSi-ecause 'that�,I'S, What were, 6#pposed tb;,havg- •thlei% !;Hght to do . Is, there'pnoii_ h utsift benefit to, the -9 -fl 3' neighborhood;, ih -MY xjpihion�j ',Put IIsi the &Velpipgr -,so 4'. "J"Im the ba and 1, :can:canaccept that, ,:c m - the. bad ,guy ,-$p uriaerstdnd thd qpnp6rfis, that -.,have 'beth- 6 ,66(1 thifre., T* lvnde.Ydi.and.I.L.4ii-t.-:35,, Avypars.:agoWhen the,'.frbevray came d'thit, s,, 't b 'by 7 i4ii an' 11 'sold I'd 60 f" f -,CA1ttanA th& ciCy,,bought %it, arid. threw a.,oatki49 16E: thbrq; Now' :di tY_ fi t of Lh6t.t&j6kin'§ "Ugt thd.;94 WA ts, 6 j1gdt.' ii lot,, Vm just A- .ig 20 2,2 23 24 '25 ght it:. 'UNIDENTIFIED - _ -W U�tSPEAKEJR_: I', -have a .:qudstio'n for you. $o wkat is the arty ,goizig this:, rM - ect?, to bvn#fit-,,4t4,._ 'What Aa ,;the bigell.t for the cit_01 d6tiMAM." 1. operates'; -and, 'that. -imprbases because ',Tq'T- 'bed As tha� hptq tax 'goes �Ip 'yeS, W1)jHftTiF1HD',MALE1,SPEUERv I think it it, important 'to�.4ave-_beaauso i f you. -have: any yiditoris there's Apw.,.,for them to.atay;. 1=1 UNIDENTIFIED MAIEZPSM99; There's the R6dA661 (Untta#6cribed discus s ion,h6ld among •thq.,Audienc6;) MA. bdt-kkki You%knoW Whdtj 1, don.' t- Want tol-cast .aspersions_ on any t,h6re I's another motel at the6n.d:of'-the s I ibWsbN'DZP0S1T1ON. SERVICES (800) 15'05-'9994' 75A-95 Pagei. 49 g. 4 2, 33 is; 1.7 m 19 10, 21 22 z3 24 25 street d6wh.jtere. 'Aceos the street; MR,,COLSMANc Yeah, - 4#osa . tha-, Bt.rOet-. B'U't.,the ,reality IS �.-VbuJ,f.e dorr6d 'You look at this, :end,,bf the Citi,, it has not '1been .d_e 'in a. tashl 6P %Ehijt it w dftafitg to be - treated,; Wie'tia VP'sqMP'Pf •the #daitbst a tu6ht 6 iitihb, down:the 6-tieet `here. My a _ghtdt _WAj addepted to t'hat- ,so,hool ftmdnts, AoAe,mot to do. :(here .because they :donl t, pzay,, #In not. a Cfirlstiah,sohool. have-stuft ab thia.end of tBat 1.9 `nL-ver -bee4 served adequately, And war-hiV6 A, lotof.-peopla UP- here dud At ,shame that they, hove' to -19, :to'tale -far of town ii their Want 16-"stay!the ,rfight in .a dqOent.*hbtel., and. thati.'the purpose .of.' the. city ;bringing, Etiis. up! amo -I J ng I the audience, Over ., pre, 8PWns 6 't k4Y. This. " a E - all. 1 0 of us hsio 'No ifiaEte--r the city .is not -46'ihg, to; care, bedausa,you alrdady Said it., The city is:going; -Make a million d6ji".0 tisinet 'The ,,dity�, tro. of taxes! ii6m aft ypilt, b in going to SAY'61f YOU own two.or t hree-carbi t-doal 't ..care; you Sell'ehe*- do,whatever, -i i .right oh (inaudible); ey! rd , pot going to-c.ars,' -i :LVb_here. in- 'the .house', the last. house, (inaudible] I was-�g, 01:14, to COV,9 in here to make a. Small. air-conditioning bus,ihedsi I was 90ifi.9 to -move here, 75A-96 page so 3 ;10� 12• 13. 14, IS 16 ,17 18 19 20 21. .22 0. '24 25 ,'03109 2.017 up, 'UN I D WtFfED kLt>:UWER- 'This wao-1 -we, d iftlit ,know what it'vas going, to, b6 -1h '.,the f utur6. 1;,was :going t6 ,idcW4 :ih'hbt6.ii:nd:ient. Pie the spot. to. :,makemy' businie'so Iou,,knowj 'it-leels •bad, . my .4ja- .because, -y6u,krio Ige is',erej w 1p,'grOwinq,as' ,a bus" in.esS here; '-T., wd '-:g"i 1;but* the -City 11s not to :care; ms.. LOVE- You' & b. ,surpFiwi UxIDENt1F1kD-AALt SPEAKER: 1'*ish.- 'I -grew :u -,right here is the apartments,, I've been hdre longer than *is - e You._'kn6w, 90 1 iBt i saw' him -.4hen he. was tbrpd,,:years old'.. -i w`crkeU''at the, ar6enParrot .-Wheh, I was 16 *6ars old, .zj remember _-. hW a rn6t.`1h.er!e.1 IT,, COMM Heh t e- . �,t At. way, N.A UNIDENTIFIED MALE SpEkXER: Tiec'used-to,bb .the :Owner heir and I,vork6d there wheii;I was 16 'years .old. I used to dish washer, I had -a 'car wash,. i did' a: lbt.Lbf stuff: It's your buiiness;,, you want tc�make,,mo eO y, ypu-Wbnt to. mikee -gom-athiAg"iuccessful, -but, y(?4'know, like goise -and e#idryb ody - ki3lse is kind;of, you kndw, 'not trying ta,'&t it. done.. But, like .1 say.,, I ddn! t want to_m6ke all them feel bad; but, like 's'he says r idon t ;be surprised, scmethihg '6an 'happen "You alreidy boughtYt the area, and: ever hing and I don It know SIMPSON DEPOSITION SEkVrCZs(U00) 50,5=999,4 75A-97 Page 51 I 03tdY/,2dil- what's going I happen.. MR: tbLEMAN- Well, and, I want, to :take 'tlonjgjjt• to make Ogre,y§uguyjj understand • 'm not h- allodyiprip to )�i6k 4 out- :or` do anything 'to hurt ;anybody.. T.,meaft,. 1 vralk avtay. ,f rom ,5. -projedts, that t-AOW t think. are I ,the Eiji 6 been doing It 16 40 y'pars. 'If I don''t feel :right -about 7 something I.'leave; gaye 16. mbI#IE'D!M'ALE-,SPEAktR- A donl-t'blami it on :9 You. like., .you kxi.qw, EhP city in, tryinq .to ,ae.11, 10 and,makiq_q:like , A don't know hovi.ifitich,, ' I peop-,e pay ,ontaxes 'here, but Tim,,sdre the ,city ;going ,to ,,get 'way moremoney 22: from,what,yoO'ie go hg to%,-;Rakq .sura he r re, 'froWe 'n "'Paying, right tnQw, 14 MR, GOISMANd You are correct with that Cities 15 strive for t,he hotels b66 se it is :pure income for. 'them that 16. Cost no resident in the .city -a dime. So' the city I! ag'basically.A free SOV qe.of 'funds that bbpfes bd th6m,ftam 16 the patro'nb, and, _the guests that visit Eh6,61ty. 'And -At',4. 19 'like, "Okay; You're going to =6 in.,my qity., u 20 .streets; I.Ifn qdiho to Put it in a,'bed tax 1so going to 21 'help us pay:fo'ri' all that ituff.-B 22 -UNiDHNTIF3:BD MALE. SPEAKEP': That It -A good point 13 that, you I re, .,making here; because I heard:bdf6rd, you_kfio-w,; 24 1 I therws pp-dgI6 doing -sex over 'there, using ' drugs, you.see, dt .25 containers ,6f druge all over the place,. ftom4less tr�n y g to SIZOPOu oEPOSITzQN SERVICES (800) 505-9994 Pa7ge '52 75A-98 .i 2- 3 24 25 03/99/2017 ,you krtoiv, if somebody left drugs.in there; I,aeen them: I .wake ug, at 5:00 inimorning ao,go to work; so I see ali, these people looki'rig =,-. it l's when the ;park'ing 'is 'kind �of empty, And ,then• people at, eight;_. they ;,p'atrol, ',they',tckeb;. ,'but,.tliey,patrol, they -,use it•.as a :hotel,, -they put thein cars towards that ,pray, they' put something,. to ,eover the windows and. do their thing, so, now'you'',re making:a aeal I te.l. MR,.. COLEMAN:. "Maybe.'we .can get ,a feat of that income. (vnttanscriled.dlscues.op. among tilde audience;�j W. COT;EDlaN :_ got ,to .,tell you, 'the ;day that, I heard that, 'I Was :abeolutecly.so, dumbgounded,. ?•,drpve and I wea,t "i, did';not see that',." t *ent atound,. i :came back, and ,T ,went poh.,. my '(hod'; I did:;ge,e that;" and i't -vTas .amazing :and this. is just'broad daylight. :And' yop;`go, "This is what a nooner 'is., ° b'ecauae that's what was :40in 't on. UkDE lFIED, 14AL 'S'PEARBR,o I. catch �tham'_doing t: - Right here in my culAe-,sac's,"got cameras that I don:4t want to turn them too much that, way; because I.'m going to -.;see .action, But ¢can see people, you know,,;and 2 call the police; but they come, like i `30,. 40 .minutely after, UNIDENTTFIED'•FEMALE SP&AKM It's too late: MR. COLEMAN: Yeah, they look,at•that as "w4le. that didn't cost us .anything." 'What do..they call it? A Victimless crime. Okay. Ekoept,far the poor guy that paid :SIMpSON bttobitIOA mvicE9.18,00.,) 505=9994 75A-99 .page 53 i 2. 0 11, I 6� 17 19 20 21 22- 2 3 -24 25 03%09%2017. 'VpirIn •bpkdoqj' at- :Chose going' to be, (LnaudjbI4 :or is: validated' or�;s 'it seI'f=park?. MF tt_'Will �be- sdlf.=p arking,,folr thei'ho,tej and pkdbabI lie e And those ,y ;permits Wi, gueet isaue �96 -that. -:w _W s are ;part ,-,6 the ;hotel. j#*'P8NTOIEEi ;MALE. MALE, SWER:. _50- you want teak ground in, _U17 'said?• ;COLEMAN:, As Mast as thi-o-i0iffig"lady, 'kEIJUIER.:' le'rin has been :pretty helpful ER. 04. would - thA '40piOVem-ebts in, architeotilfe,. T - .1 MR. POLEMAN%0h !that all •goes through"them, They. Vill 'beat; -M'16 'up (IIntranecr bed disdussion -among thb. audidn MS,. RELAHER: Kevin" - 'do ,you • want to i4i#p - i E ,Up:? :Anyone. elseT siaeing,non®; thank ,you all so. mudli .for Qomi-hcf SikkOP DISP.DS,ITIOW-SHRVIcEs (00,0) 505-9994 75A-100 Page 54 GI T 12 2 '-4: 54,n 'Dieq6 :E,. :SMR04 X. 'NIMTt'i. a"n"d .RL -port -±r Lxcwge'Nd for the,,Staie[of Ca! fbj� a-, hereby .'cextfy that f.dlre!3Q*'l-ng proceed i"a k &n rlgp� iwer bet-6rdl,te,, At the time And blaC:6 h8j:61h !that a T606jM;,bf'lthe proceedings .,as made, by,me,,uE;#g m4ohlnt- .shotLhapd. which wasthe#d.ft&f trann'iib6dilridet ky -Airectiop- that 'Lhe-!foreqo:.nq'transcript is a truer teebrd'.df tneop: w hetedf, .1 have zubsdribed, my, name; !giLAR-RON' NISBET T" qSAAO'' 98.29' 75A-101 5eleau'Efclali�r hW64gand'Buildii gAgency,'[vIZQ 2d Gv%c':Cenier•f>laza P'O az A- _ Sariiu ;QA , 93762 Rear�'eleuq . please accept tl _s- latter as the reFIT of Pur co versat:otl on Iv(ouday, TaiiunrY;$in 73ased bh the analysis already ptovtdecl:fdr lite Variance; llie:par Urig.s}?uces platitieii;l'tir the p}rppused,Pr6j-c& are -expected to tiexnQretha_'il adegtiate tq servethe peoposecl' pt%ject, needs: �Sifa'Seeiirik-v Details:. Cxlerior; Close Cirgut[ Television (t?.CTU) tVtll a ogttnttously,thontiGr.anil -cord'lb$ re Following w�escleg: ess.poinls within the Property hne. Tha LCT',V.;system will:be. nionUtired al the l'r�iirt desk and busrncgs olflcAy oit sde sittff of the`ilotel cantiiiuously to maintain the safety aid SeW' ty Ql`en}ployaes,,patrons anal'Auests,grilie Hotel -'The ronly o_a outt ofcce$. to the property of the Hotel vnll Ge thrathe tnnin accc§s gpte From Main Streal, No other pedestrian access phials will exist on to;the properly. IrCT.Y MopitoFing'Gtlentionst LIZ9,N,;Main'.5lre t,Veliicular'GakAcce!;s ' K9r4h f3us11;Street, Emergeney Mpess Wfc !`;Natlh Alley'1�+Ty.gcress;f oujc •: 'icterior.Rubbish'Enclosure P,.prle Cach&re'hFIItry Way Ppll'Peri:peter'"Coverage Overlap EXHIBIT 13' 3199 Ai,r ay Avenue, • Costa'Mesa,'.GA 321328 n'Plrisne,(71.4) 75h-4454 + Fax'(714),75d-01913- 75A-102 ,travdIlfiANc 'n% I .improvdIrwavill allow : w rwn,kv$& &%7L k&kMc A k F.WYOrNbrthaCNWh,Si A4aUk4 nRrr i A . y AG2 +,yqW% i w' /. :5VYlB Of falty,91. J a r*t \# aW4; ,7S�k it i : @' @SL'OW\u-jhol, proje It GPS » « ` ¥@§ quu ag n mst�: v . . c,O% #'ik$(�ny, 75A.103 Exhibit A E?cistihg;& Proposed Access on -Main Street , 00 16-20 1& enginedribg 2129 NORTH MAIN STREETHOM PRpjEcT TRAFFIC iMpAcr Tj �Dy.cftyorsu,LA.roup, inc. 75A-104 EXES11NO i Exhibit B-1 Project Site Existing Alley 4Y Cut Through Route 0016.2016 -0E -I) engineering 2129 NORTH MAIN STREET HOTEL PROJECT TRAFFIC IMPACT STUDY,.Ory of San=Ana group, inc,,- 75A-1 05 nc.: 75A-105 Exhibit &-2 Project Site Existing Bush Street Cut Through RoOte I I tet. W OA -'i2"-24 m 00 16,2016.01 (Ez0.2) engineering 2129 NORTH MAIN STREET HOTEL PROJECTT(NFFICIMP, STUOT, Cky of Santa Ana group, inc. 75A-106 20j(-'44§'"_p��/ f vg `. L7 e 00 16,2016.01 (Ez0.2) engineering 2129 NORTH MAIN STREET HOTEL PROJECTT(NFFICIMP, STUOT, Cky of Santa Ana group, inc. 75A-106 i Exhibit Project Site VVicinuty'lkistih -g Public Parking. Locatibns: .. Dols -2016-01 ff,q :engineering 2129 NORTH MAIN STREET HOTEL PROJECT TRAFFIC IMPACT STUDY. City of Santa Ana - M group, inc, 75A-107 P°�g��e�r��g tidhit enygteeiulg' • lranspprr.ttlnn pliniflh{� .91'Q1rIacouswi lenglneering • palkirn} Stu[IIt's airqudliry ei Oreenh6us4 gas anqlysis January 5, 201$ Mr 1,1<6nri C61ernan NE1 OLVELOPME NT'COP/lf'AfdY, 31.30'Airway, Aven u e Gdsta Mese, CA 92626 Subject: Response'to,-[omrnents Received on the 21?9'North Main. Street Hotel .Project Traffic•&"Parking Analyses, b6a r`Mr'. •Colernan: 8.K hasraviewecl the various commerits and:cµlestions received on traffic ,and parking analysis. prepared by,RK for the proposed'2129'North Ivlaihi Street, lotei Project"in the City ofSanta Aij'a'during the December 2017 pufilic heariltg period: The following are RK's responses to thecommmhis related to.the work prepar6d, Ib :RK: A;.,Comment(s) Received from Alston;&;i3ird,on Decernber.11, 2017 Letter: Comment A:1: The requirecl iiurnber•of.paiking spaces is different in each report_ The s_faff 'rcp4rt states ;1,66 parking spaces are recjuired and the Shared Perking Analysis` states'ihe Hotel Project needs 194•paikiny.spages: Response At1^ Tho Shared Parkin'.Analysis has been updaietl- PIC,15e see updated Shared Parking Analysis, Comment A.2: The Urban Land Institute (1,11.10 5hared Parkir)g Analysis is generally used for large -mixed-use orfor shopping center projects proposed on acres of land. What is the basis ,for using ULl methodology to analyze parking for small hotel and restaurant.project? Response A.2: The ULl.shared parking utilizes a nationally-fecognized melhodology for evaluation of parking for irmxed use projects.'of various size and scale. It does not only apply to large retail celiters and projects. The methodology and manual includes data and research On business hotels, resort hotels, offite, gyms, residential lama uses, mc. JW661a,�0i&w z1 f•:a910:12G53 ,1Oou wesrerly t ,�Ta, Adte 280 nrwrnm haach, cahfoinra B 64j(I EXHIBIT 14 I :I e4'r:+17 }.0&09 fax 949,<74,09p? www,rkenglneer.ifom WnW111% IM 6 v ri Cpl: - NET Ei E, 'P' 'EPM(OWAW. larivaiy 5,.;2018 Rage, Thb-,,mbth6dold9y! lis�,,�dd. and lack d I WoWW' ju(i� 00 �y ta"Uornia.anclisappI"id j6 sih4dr types of M x.ed,u��,f6ti� projects sha.rin9 the site W! utilI26this;rriefficigologV, Rk, ha -5,010 -milljr-5,tiudje,s.in the oast,�aln'd1'5.currO:oily-pripa-ring.a�-nLimbbr of prepared ainur'qb&(;ofsi ll shared 'pa-r'k'Ing,swdiklor oojedslh va-'doiisj dictf. ris-, .:Each project . Vanes fn size aiid includes a,rhix,of*Osbs,thciudinci-,6r t- -'qbffeesh4p h 9MY 5 Ore� gym, .'coffee stu dies,6fs!tOsdone .joyt ej4rlhUintflhsitute�jnd gtc6uhLs • 'Reduction,' -in parking'.. deriiarid,-basW on data' on other modes. Wnspjottalioin such as, shutfts, poblic Itaris" oi,-ta nitio bb6(,. etc4,,WW h reduce.,. , p6rkfrig demand;: �d' • [Quctid " ""k -d d based -on data Jon, th6hUrh�d(, �f -pers-bin' pin pat In—g eman ;i arrivi ng, iti a Data on me of day Utilization of-parking-s'patesJorIf d lana 'L:se,#or,custbmers as. wel I; PMPG • bata brfse4son and and M. —66thlydtcuoaric brid'Val"lat(on Tbrlhe:landluse, and rteekiti.opa'A'dl'p-q-rQng- overlap WOeen v4ri . Qu,s land uses on the sitetbr. example; a,viiltor for f t ,tar oh -166,41 ;instead ofaufant a d,,O' packed tWo (grie car *ked fbf.th,e rest - — n ne car par e for the hotel)' Adtli!idnally, .as ripted in the study,, thebty of Santa, Aha ,Oaiki,rig,(odpr6quitesone -(J) i ng,� pa, vo).roo f(j I parkirng spa'cb,pqr-,f6&n, ]us I parF ce per each:ten,( ms. . r,hdie umlt s1190ld P lie ,noted 'Ahat the'CII of S nt.Ana Parking,Cqde (d hotel Lfs�-"is,con�id&Tdd�'tonser�ati Ive - -' 'Y a a, _ � I when..c6itnoired lo similar jurisdictions which.typically-require parking space ,per ToOrin. PV:Q014-2CT6-,O? 75A-1 09 Mc--'K0n,'Co0man NE PANY January, 5 -i,2018 - e ,Cd"miherit:A.j'.Th6�'oolic66tproposes a ' 135-r.bldri),hdt6,1'and.:to..-Co,nvertthe,,on5ife.Hi'storlc strodures into'62,0'7-squ6'-re 'feet, f6st" of and 6e()thef;lnt6.j§22 that will :not bd ;operated by the hotel; YO the,-Wrking;anblysN assumes ,,a,sma J& hotel- l'-',027square feet .,v lth a P's, . r�o, bar areas -Wit,hin,t 'e.hotel building. the�staff -report notes -thpL.fhe.,applicant proposes ,,to:.dfferparkj'n-gfor ',hotel -goestsrest aranypatra - apd,tp, ihe;pybIic for -6 paid; price What isthe Y.esult of the Shared Parking Analysis>us rigahe .'corr&ct pidj6q dexr'01(5n O'� include- 2 n tng' Oflt-pa' ing,,zs land use?' Resobflini A-3 :Please see updated Sho red'h eking Ainj lys&:stan assumesn t 0 hb Project , clesulption-and the �est Li i - �6cl-.: .. . 1 11 1.—.-1 —.1 ses as aldneland use.. Theland' psfzp5�-' ' "ded" " thet nji.:ng�nf-are nct;tOrrkt. The-ptpject lfdns15,tsbfl 1 ryj in bl. *fn h9fel `with t,027`sqdar& fe6L-'4,rb5tauran area and'922z,sqOare test of lounge/bar area, ThId )t0tj�IIYOr6Vidq!O e-91,91PP co,u :P�� ss p I a . rkinq B., Coriimehlt(s) R,eCel9L-0 f rOnn Alston ASII rd bri. Deceneibb-r 7,2Qi 7 Letter: Comment 6.1:The,`MNR;prowciesno . of the enytrapmental'trrtpacts,'assonated•wvitf? - the Jp5sof parking attributable tb WVetsiOnf the, Project sfte-toa-hotej: WhIle parfdriO]s notconsidered"a-dlrectenvi'r*onmeotbl;ijr,lp"ad,under ,C1OA; QQA feq6lre$that i'ndirQtt:a hd, secondary imoacts rpu5t be,analyze& The Jq-ssof parking;. combined I' . - -. . - , - , the inadequate arnount�f pjrkihg thai"thb,hoL611project Would WOid6;-Wil.j cause-si'gnifi' 't indirect •(ca Q S . CcOndary traffic impacts associated with rogtonists Ariving ,ch.local stirdefs, ;f'- lo kin' parking spaces. 9 g or Fie. p sp6mo� B�A: Please �qt� V da-lod Shared Parking Analyslsz Based, on the 'analysis; `th, I pr Opbsed ptbject iHc(pcaqto provide adequate parking, capadtyto serve the'pr'oposed;- the traffic stud a(bDurq5for the ON' 8,.c6ntihujog to pMk in the 0 ;ect Oc nity; 'Y cl The study adds the hatel '�4p-gpnOajido'bnlop of eXi5 nfrafficvokirqe�� - — I 1 - I - .11g 1 . I - 0 5 not assume the traffic qsOcia.tccl with, the vehicles parking-- in 'this. area will?be reduce of 75A-110 m 0 9,Qviq. Q61eryio n PVIffl-b-(V,ELdPltNI C.Of4ANY' tj a, n,ua TY', P?46,4, '61 hm'i T) A— te d p�erQBoughtI �'Pot6ntial(yj after replacement e existing"P.0, ic, arkinqt�sd me Otie*JsLingOqfs'i�iight.discontinue tparking in th is a r e - A- mence,'the traffic, a_n iiysis and. evaluatedevaluated:iffipacts,:.ate xonsi e e . 161 uat!�� if'nota. . Pj`Icr toproparptloh ;dfNod 'study , has,be"On jbesjyd�, the, rft ,d6klqped ;througfi 'close discysslon§.,vvith OfV.staff t *�4ree C :the 'ptoI.19. , - _cI evaluated_ This is atsalhe, case;for ilhe sha red,' Ra rtl5o; since the project' ite is abutting State Highway fad(itiesarid _qess. qca:tions, the, prepared study h b-- -d1b ii0s-ii6clUd[rig State!,of:CAfdrnla- _y, y as epri reviewe vp�jous,,,agqN 15,60 6&, (616 ns)';,�86ty 6 (MhO. Alli aftrnefit,of Transport a lbyekulnd'the " I'm Pa"d a na%!s adequate andacceptabl6l, It, tdrOrKeht(S`)'Received 'Rk§aiedliqq 6p6 -ration -on_f'tk6*- 00 d,DrIV6Wq.V'Ofi Main h ,_Cdrrir6!anf4t.1,,, Provide -and lefLt`grn-r -moytments,�fort, e -project, site access on Wir), !Stie6t. Resoonte,C11:1lie 016'06s4d'pr,"e�c� P v9ilk-onti'l k continue ta e.ac.ce§s on Main Street, Theprqp osedl P(-o)dQt wo'uld4n-�rbv(� sit access .1on MainStreet 15y relocating g �th e existing .acce§s.,iwheF 'south `hnd further away Scuthbbund.on.kamp lritersectlon, tunreritlyt vehicles, utilize ;the project -site as,a:cUt4r_ 1'!Vvee Ush, Street� and _M 60gh'bb ain Street; Vehicles -have been observed traveling: ihroug)l lt;he5" m st(O-'t f (om Btisti Street: Itp_�9 aqceW ... aln 'The,'p1rbpqstd pmject With its emergency only access on Bush -Street vvilllolirniinate the cut= throuigh'-trafti'c, tra'veliog-on3ush St(.O(zt,to :access.'MPini StrbeL via Ahe pro ject site. This is 60qtted d to -r ke the -'Qumb& of v biOes�curfO . Ll�.!fAV` lr�g q� B e, sh St(eetloObA to Main .Str6et:vl a the. project site, `The, page ccintaini5.an jer.161.1rha.9e of Ne,e-XIsfg wiriditions ftwlngbow,the . . - � Projettsit6curre6tiq provides cut -through route between BushSireet and Malh-Streetand JPI D416 -ZD 1,6-01 A 7+,a_qAR 2 653 75A-111 'MrA'ke0n.c 61 6f 11aii N.E-t 1)LV'EWP0tNVcbM1PAN!Y Jand'ary 5;,2418: also the;lodatlon`of the eksting access n 9 Oun--d-0A�,jRai ' intersection erexlsing'conditions* A$ pafro f `the a'cletajIe&.6N 1 °6 kh& project cess has '.beth, 'p'r'e'paT'ed. IEValUatl d'of the dccesydu "' I the peak � h' ' ' ring. e,,. oursA EV61cjMidr;b (,ihe'vehkuIarqu'dcj'esjf the project site atce s;,and ffio,trgffit,sb' 'h' tu pt e,accessli!i-forec-ast;t,o,qperqtb adver Vflse(V,Ce -b durin' h -bris'ervicetclon"*ng the;PM.' 9t The area eu(regtl,�1 6,6kWWW'cular.queu s o andsoi'll backs .iHo*ever ,-none are a:"resulE d usedbn4hevehiciular aOajysi5,-hd the a'na I' '6ddr*" I rate of YS1 riva vehicles, the vehicle's ente'rihg1he'sjte -ire n6lexpp ing issues ,backing .pp.cn[6Ahe'ubli .cnghl-cf-wAy a n dspilling oh thlfojah Ada ' iiibhilly-; -sin&ihe prcjed site, is abutting State H[ghW fadlltles'4od' , frOVyaY "abcess .10.ratidqs-, the prepared. itidy -'K45'beefPrevldvvecby1 vahoL5 agencies nc,u. ing Stake,CaliforniaD�pa#rneht'0�,TrahV a c6unty6fOrahg ;@ hryine Ail -a'96ncie-_s' have found�,Ihejimpact analysis adequate,an.d.acr_'eotable Jwbb) 6-2016-01 AT OR'KT.26'53' 75A-112 E RV41 ^gam 4 a� •t^ . Mf,,'K qVin'Ca , J& * , a , n* N E TDEVILO.PMENT,;.COJVP.ANY Janu�ryti5,. 2018 b:t6mhent(s)'ReceivedJro :DOR m ent,6F ,TefthgPortiftiori , �Cfi, E* 6fibee 12., 2017 Lettdc. (f6I rft6ift PA: 10-04 Odi,sharO/vjop6dln'g 6p'piortu.nifles f6f, effl'ployees-and I 'patfons,, keslp'onsia b.;'!,:- 'CoMment, niotc& The arlblksis M jb0h updated ita, )nclude. this. r ecp 'M".f h o6d'al i o n- Cdm'nn6nIt ID.2',:Thpfe1'5'a0OCTA bu$.'i-a-ut6,th6.tte(vOs-th0,-*Sa'nt6Ah6 Ma-in-�Str&tCorridor, TN rque'h8:6,�� plodb�ep�owityt the,d' �Sl 0, eVi?l6pMoqj Pl6as einform ;pOtrons of ttansit `oppar#urities,to local destina tions. ReiPO&O' D.Z-,,C-crnm'qnIL,,n6Led, The. has .'.15pow. ul!Jqlateo to include this 'recorrimeri dation. Comment 6.1,Von4Y sufficient st6rj�go,bap apty -jritoln a6d' off "rafn. 510, ensure vehicles do n0""cl-uppe Ontp freeways: s, please, provide sufficient sto'ra`ge f6r:951h pei!:60tile 6ueLie,1600,lhsa'L,int'ersecti"o- ns. A6§0qhse'D.3r'Cdmmenti noted, Th6a �e, 'Jpdjtedtb'includeAhe requested. vehicular.gueueing eya[ualion, E , Jtpmmefit(s), Recej�6&from OCTA6 nDecember 1 1, ;917 ,Lbfter.` 6nihlefit -E,I "Revise text to ibclooe�,�6utes 53 and -83; ,serving th.o-'N6ijn-BuUo bus stool Resp6nsd.E.iC-orhmehtnoted. Thbtraflic,ahafy5is hasbeervuoclated actorclj6gly.. A f3us sjoo curr6nitlyeAsfs on the projectsite frontage .on Mairi'St'reet and.will be continue -'Cinue to 6o -provided af [or iffiplementation of ithe progwecl, projoct: .Cbhimefft'.E.2'-,OCTA,tu-r(ently providds'bLS service and,,has aibus-stbo located near the recoibnnend.5 employing, measures to r reducing trans-'It,krVice disruptions, and �jp— mfith arypgtontij) bus! stop detours. AT,a�glRkdo 126�3- �ea&� Win Strool at Buffalo, Avenue. OCTA educe:poLentiai disruptions tothe ' p bUs'sto in effect. requests the'CiLy of SamaAna,(Cjty),tee ,keep OCTA disruptions or, Meet closures `that may necessitate 75A-114 mr','K' -In!616m-an Nei M N PM 01 Response E;2: CO-h)rr)6nt' h6tbd;. The- OOVMIs `has 'beeh tiodked this, re(fd In , ft)endI flon: — T - A' the ,'Pr'4 VC 51. , a to be Provided after lirtenI06n'.Of the pr6pb�scd,iJrbidct, �CQ'M'ment,E3-:pI@Ue revise Lbjtffomprange:Couirit Tea'nspoFtatio n. Au tlionty'-• kt0ghse E.-3'.`C6'mrnqnt:hbtpd trafficstuclY- CcMrijefit E page 2 site'ftomthc' I;(5e be 5L ih a 1/i Hit radius bus ,(quj6, Accojrsl irigy,, ri'barby- routes I ridud e.,11,out6 53/X, 600,83i 453; and 560 r ied; t th ra s 01 Ol, 41� I -,All bocoritinue, b s stop-�urfently e'xists'dri't the prpjkt redt:and, w A to, be provided. pfie6roplementalfon"Of the proposed Orojkt,- nt E,,5: 're 6P N&Ahl Cb.urit please ofoVide the service change date associated with the map proVided. kesppnse E.S,CokffiOh�, rioted,, ?he provided System Map of North County "Js b5sO on n :the latbst-i'nf orpiat i on . aVeilabletfoir act6ss throughb(TrA-vkbsift'At lim 1 el O'f.p'rat- f Tpa !on,o this -study, the traffi!;'-study has been updated accordingly- Rldasb note that M�alrl Street1s'curf(I -Srt&W1 h- --q,thaCid ,Co 'rrient E., Atly,@: major. hig..Wq Plabned for,six Ianesj�er]ts'Mff-ti�rplah-df Arte,rial,'HiohryViys.(M'P?�H))-ObWitatigri- The s proposed project sl-fot . Ad -consider the olanned Wfldbut pf Main Street; gas 1i relates .16 potential futwe, right 'df-� way rieOds- if tl1dre,is a desire to amend the M,FAM,pl'ease contact OCTA staff: Response EA "Comment noted. The traffic study Section 5,2 on.;:P.20 7-3 makes i �,issuO and Afj'n-f4te Wildo ,rcrMvvay'ha$,soc0on- recor,nmendat ohis'.of Ilij qt.bf the E I j'tj)rb(TA. theiDity-haspr0poted I a general. r1a h:a mehdrh6m: comireMV: In (�qrdjbait10j).'W .Chat would reclas'S'ify -1-7"'Stf6E!L-Trdm, 0 'm0jq1` arterial oto a p6rnarY,,aft.ertal, .among "other JN. -.00-1 AT ag/fiK12653 75A-115 Mi..vintblefiia.M Nf'T-J')-'F'VE-LOP.MENt ONOANY- -01ele,!be .-6'gNzdof - � 4h&I a Im f. Ah 5 A W6 -6,b iLher,�j'e.ct,�«6o-ld,-fh'e G era an:up4dte,b /pv6d_ up �,E.7�,CO ,$a y§Sww r'n-'m'e'n-t,rio-_f(�d, #�sTjibns r,6 " di f't n, -gar ing., u prero�d and,,fo6dty::9 W.�-'kAj A I:e o r�Rpqtiph '6 lhestuoS: Ae U I nOctm arly �q - , - 11 ce�61y, bizi� -,, .. r. � JNIPQ �101 6-01 75A.116 'The full'TfAW1impact * "StUd ' bil&16 6611h&Exfiibit 1:5 is ;. , ylsay�c , available' -1 , . an; excerpt cerp-t 6 ft 0 :$o; ion 5;0 Queuing ,,Analysis;- � h(§,�t study ,.So; jT5&drG66f6§' ,P , I . ann , 1 . nbr,C6Uht&j,, . Fiftt F.1-opf, 20 lyloCenter aza vb� -HAMPT6NINN HbTE-L -piq NORTH MAINSTR.E;t TRAFFIC STUDY- SECTION !i:0, EXHIBIT A5 75A-117 Ihep. -sitVact -66 eWib StO�# hY �elotdfinig'! the. emlin - e5s 9 access further south and 'furthgf,akVay Froin • tfle fvfd!q fo4t Yac#fplo, A'Onue — [-,5- '5Mtt u bd'(D . _Rd As, requested by', Ov -staff. during fh&, scoping ibkht 16,,-d6te(rNt,-a r�e Jdequi' 9, PmMe'O (h6Prqjd4Mfda6C6 �s bh Maui - ,51+'d0t4fiaAU' fN16 Avenue tO-j_cCqmm'qdaw'turnjng �m"qpments A, n. qul,�of ihp pro"Ject,st e wipbt. spill hack; a Highway Capacrty.rManual 95� loerc nfi 61.:,�e 'h" n_ . o - iculAr'que 41V '19s,5 ih-asl 41n6vem mf% ct go ecess., 4ptq�o southbound -Main iSi c o, :VJcstlaound rhciv WeAb, - - d; project"c-O" h'-tprnnw r [ &a ess.3u fiie profeef site ,01, ori:!;J0.06 boo nd M'afn StroU xr�nl 'pdat(o OT ly. am via 6 tw&ivayj6ft--WiD laq additionally ; to ,determine, if' ad;quat,e-�- rap - capacity ,r6 Adpd 16 a "VO, id'Vo. 'Ic es,, ;backing: _-*,OIfte *I�ewaY, a Highway- Capac*§.l M46uil, 95(fi Pqrceqtilc veWqiliair queuing arialy " h ' b ve _as.l� egn:proparc h� roll, Lj�e State H j�[w4X:sWdy f616 _r . Q . os- following Mentsb Mali 5rreet-1 EdgevvgAc! Road .1;5 HOVR, MaJri`tlrcet leff,-turn v0vet&ft; u Wri'gkh-turn rT)qVe ment, L5, iSouthbiaund,Mai`rt'Streetaeft�turnirioverrlr(it;. 75A-118 I mdv6m-ent Wbug dgWd 4i t!.hoVu an m o )L Norihi�qund,y5bff`.R * jp, rig, t-�u(rj . Iv6 ffe# Mpyso& / in CIM6 A y9R® 1-5 N4 fi 3*fit % No.rtIO" .5 jhru¥ r66 ern'ert- *fthbooko.y.Oiri-,�jre, et fiq-1961 ve h�- ' ' ni mo -me :b 'Liihbdcjhd Miairi -5-t cet Jeff-,tUrn movbnibrit' .p, SoUthbourid Wjin,S-t(ffie§!jt-tu rn mov.ftpjjt*- !IE1a1s1b6u'qd *ia , Clara -+e e lofir'n/thrb,udfi/righu,rh, North.46O.M. h,StreL-t'through/rig.h.tGrn m0vemvm southbQund-%�s.treeL,l�ft7tLiro rnoVernerit Sobouncl M.jin'strh�tjhrough/fighm,orn moVemeri , e,,,and, 75A.119 4U'rrvhbvbmeOX._ rfav�ifsfia s., been prepared for `6 -a _tIh f6,l1'qw'I0g_.dnaly�t scei, H&Mi8h i I ncfk)dothe d . .. I propcs.p_Wppc[: p --ion;Yeai (20i8j 4tlth.proiett:C,6h)ditf6ns. the adopted -0ij rn ..p , p or anO cn#eria.;and significant 1'hi-paft thr6shp'lds,,for YeNcUjk' ki -' - ' H- — q e:Q.Ing, cnCe, (N6 - W ijl'cw lzi r q�Ue>jihganalysis-prespntp* in report is M(idlyforfrif6rmb4qnal p ur p"p5q5s apd.Isnot. t.6(4ted 04,CE I iO ps, O.Vireg p irem Ont§; lt1.10.0., .11d. be hIo,tedith`is'a,nalysis Wserva ti4.a project: Will`,disphte P loci Hence the analysts assumes the VeWi.d-e -trip^ s: ps#dked.,Wth-the- 'lot. wi -1 still be in the ' ri p _cl`'6nlqp of jhci immcvbidmes jopftaking any,trip credit.9 d4fed tvltli,' c-di'placi�� 5 pa iking lotr Talqle 71s[Ymmari,zc's , th'o , rqsults.of ihe,'HcM.98" pemenik vehicular: ciueueing analysis. ?he calculatiolt sheets are c n tained'iliAp a'r)d A ndiX F_ 0 i 5-3 75A-120 - Tablel. ere' - ' "h eUin4ArlaI ' LSO HW:95'6.0` entilciNeftU161-Ou ysl Mmary L' jAhalyjjS��QhajjojMo M6nt Ahq POk Hour,,, 1`10P.pak.11-our" .Available. :9e101,r (t) Acj4uati Provided?' - Peak F�Yce Vehicular (feet) peak volume . .Queue j EklstinU,Plp project Co.nditions Mat'1t`5((eet I %tbjectSite .AeCL5i.- -37 .8 3.5 yes . I w(olec! �,p Site accdm left -torn 4. - i 7 '300• Y64; WR ji6e4 3Iie aU ss ribIA-turn fpqVcmc t Z6 S 36,. 1.9 1QO Mb,O'3i 661Ed4ewood Ne' M 'tjr; 5t.reet lofmorn moV&Yiit 63: 10, I '775• `Ypl- PA-til6in Sheet,through/rIhViurn moknicnt 82 i aul, 2TI,y6s 709 sp M.,lin StreeSaeftyEUrnmovemeiit. "W 1243 160 1.41 11S5 fies`. 58 Main stfeet thlovig . hmovement 1',251 409' 1 ib,9 A01, 385 .No ,913 NIA 63feet-fighfturn MUVLMent. I35 Ypi. SB 1-5 IS 11 48 7,7 1;366 =Yes, SB l-5 CII -Ramp right -'turn rhQvzMc.nt Ba 2,6 81 47 1,50 Yes W8 Edcewuod Rd ihtc4ghflck-tyrn rnwmment, 135 177 123 196 7150 Yes, VA Edgewnod,Road right -tum mOveMen.t. 57, -39 '109 sl 65, yis AP 1-, Off-R*Lp r(ght-torn movernent 1 ;614. 33.8' 1 359 212 536, M,6'6-StrOct ,( Santa Cla.m. kwule - b 5 NSRan)ps NIB tJdjrl SL(tqIeft-tuin.fnGy.0i6q6t is 7Q 13 71 Yes 54 75A-121 _ _ AN�Peak;Haslr. i +PM,Pe � akHou_r 'i' I - i a J' dk}loui 95 r percent(io peaklloyr gsm percenGte : Analysrs 5cenano%Moverive Avallablo Storage 'Adequate Staragre II Volurrie yehtcuiai- Volume Vehicular. (feet] :Prowded7 gdeiie. �. - Queug,i ! f,IB�MamS`veet�.itirough:mavement •- ?I$0. 1$Z L I t�21, 55, I � 398 :�'c�, Ns M,�ut FVe?tiiglit-turn rtiaotement. :YtlO I � SB ivlaut Street leh-t9rn moGcment; 65• 39' ia9 112' 450 , Yrs, 58MalnSCreet[fireu9hjpiJhlfu smovenent; I•'}2J; 61 a56.' 'Ye5 @gaftafar:AveliueieittivPmvvement. 98 t2E Z5 2Qtl+ 525. (e�. f' EQ'Santa tla'.Arl$Iete RLh(tfir`a]nylrf rum m§ycrriantQ�7, 36 622 4131 52�� fes S9.IfiRff<ltargh4l§ht turn (n6mbmgnt 'i -540,. 3$2' � .QB2 +�7a�n,�treetlkvifaloAi�nye+�35tG2nkairijts-�-- � — - - iVQ.Marn Street lhroughlnylit=tuit(mggemenr 'i(17l1 31 j ' 1.41E- 52T I 465, No • f' Sri MiinStreet'left-wrn'inbvement` if' "338. 1170. ,No ' SH plain Sireel ihrough/n04t-#urn, movement - 1 412' 34 1 tdl , 20�? i5.. Yes Eti ie(t:tUCryCli(augiihighPiurh mov Arent 3�T 184"" 544 28X 5,G0. �r prohcf(corn tetion r ZOj $} i lth 'd ditions AkSira:StreeY.r PrajecC�te:rlccesst. Sd Maih Street lrft•}urri mgvemerif 3$. 6 I , x 10 ^375. NF3 { tnjk site access left-tuin aioiTmej i 3: q y Yes "C_ - 1;& ;5 36 36 i2 I es u af,7�:Srr�eer I(ti9e'/ro6t1'fi0ad-'13f1046(4ampv NfiH(ain5ireetdnft•turn'mo'ver ¢rt 64 S5. 271 161 1ZS - 'Yes 75A-122 .. Aria) sis Sceriario/Movement Y iAMPeak•Hour'PM Peak'Nour Avallable, Storage (feet) Adequate Storage, PrdvidedT- - - Peak Hour Vol imc f'ercentJ6 .Vehicular ''Pea14,NoUF'Vehicular Queue• (feet) Volume Percentile Queue: (feet) l Marcet:ihroughkigfit-tiirn movement NOm m '586. I._ 68' '1;089; 1' 923• I • 700' 'Yes Si Miin,Rreet left-turri nicvettient $6- 125 1 '301' ')42. -155 05 SA'maimweet.through move0)eril. 't SOI' 490. 1 379 4$8' 385• No S i f ifd Streetlight -twin rnov66cnt 19 . 0 115 4G i.3S Ves SB I-S;OIf.Rampiefhwrn/Utrough'mut'cmcric 70 33• A4 77 1,3G0 •Yes 591.81 off=ramp [fruhl-turn ntovemen[: ;94 '27' 87• 75 I '150 'Yes WB EdgetNoo Rd through left -turn movement. 137 20f 124 16.5 250' fes YV6 t`dgewood Road eldht tutrw movement' 98: 41. 1110 52 65, Yns Nil f-5 Uff)ramp right,ttun fn6v6mfmt 6j5 352 446 275' 1',530 Yes" Iv}airl'Sftcat% Santa -:Clara Aur iue.--I.5 •N9 Ramps" N9 Iv)an Streeleft-turti rttovenieni 'l S" '3 73 6 71 ••Yes plltfglar Strenkhroughmtovement SOy X1'2 �' '•1,109 84 3q0 Yes fib- air Striaetrii nt-turnfiv emcnt .b85` 568. 71811, 74t 3�0 'No 5[tMair`i5lrgehleft-turn movemLnt 165• 32• '150 .i15 '4810• Yes Sq'}hiih:Street.thtouglUrlght,lllrll)novemeM, .1,,6£12 15¢. �j,ri3Q ,7.7 760- Yrs M%fita (lain Avcnualcft-turn mtMmetii 199 131' :235 72810'. 525 'fes H Santa GJa6'Are.left-turn7thrWright tum movement. 596. •404 ,628 407 525 Yes $tl.I-SOff-RSmpright-turn11160irw1 632 45q 406 304 1,254 Yes lrW6,5rmprl p)61o'Avenue—`1=5 50 On Ramps S^� 75A-123 As shown ihT4ble 7, title jiiate sforage capacify is fo(ecas, to ;continue tp,'r�e prt?vided' for, all of ilie.evaluated.mwe nehts y�+itli thaexcent on afalte fi�lloiving'movemerits:, • MainStreet 7 Edgeyvoacl'Roa�f'-,1-5 NQV liarpos; o 5outhtiott[ld•rMai(� StCeet fhraugh'mavement; r lvtarn 3tr eet 15Rnta COW A'v'enue• -.1-5 IW Ramps; c. ' No tl]b4und Mai; Street right-ttzrt cmovernent; + ./idaIfl'Sfreef (.8liffala Avenue- f-558 pn'f Npfthb'ound. Main Street through%(ight4urn inbvement; c. SoU`thbound'Mdil1'Siteol le(l-tufit ri)gv$ment; 'As previously •noted the, -City- ocsarita Ana and Caltrans. do not have restablished and adapted .perfof- -4- c0 'criteria and significant impact :tltfe5li as_ for vehiculargiiet ing, Hence,Jhe vehicular gLfeuin.g analysis presented in this'rretSQct is stnctly.'foi nfgrmatioi IM, purposes and;is riot related'to CEC�Q',analysis,or reguiierrienis. Based on the analysis and as'sho+Nn iii Table.7:: .+ The above. identified tjucu�, deficiencies z're present fot.e'xi5#ug'ar1Sl also 'WthouY project' conditions:. Hence, the'forecast ideniificn deflcieltcies are. para tysu4 4f implementation of the.p -' -Qied project; `5-7 75A-124 !.AMPeak, Hour, '.PM,Peak Hour, ' Pcak Flour 'Perceritile Peak.Hour P.erceriiile .Analysis scergarin/rUlbvemfi t 411able, Storage Adequate; storage, Volume VehieWar Queue Volume Vehicular' — (feet) Providetl`t, Queue M Mai Siree[ ihroughjiigh -tura rnovemenC 1169 354 7,660 S3$ 465 No tshirnmoUer'neri[ 238 �G63- 34+3' 170' No. oughjnglif tur l move1,648, ffU 4i 1,281Ygg`. ltfrig6L-Wrq m'overrient ��q '187 5,q 185 SbO, 'Yei� As shown ihT4ble 7, title jiiate sforage capacify is fo(ecas, to ;continue tp,'r�e prt?vided' for, all of ilie.evaluated.mwe nehts y�+itli thaexcent on afalte fi�lloiving'movemerits:, • MainStreet 7 Edgeyvoacl'Roa�f'-,1-5 NQV liarpos; o 5outhtiott[ld•rMai(� StCeet fhraugh'mavement; r lvtarn 3tr eet 15Rnta COW A'v'enue• -.1-5 IW Ramps; c. ' No tl]b4und Mai; Street right-ttzrt cmovernent; + ./idaIfl'Sfreef (.8liffala Avenue- f-558 pn'f Npfthb'ound. Main Street through%(ight4urn inbvement; c. SoU`thbound'Mdil1'Siteol le(l-tufit ri)gv$ment; 'As previously •noted the, -City- ocsarita Ana and Caltrans. do not have restablished and adapted .perfof- -4- c0 'criteria and significant impact :tltfe5li as_ for vehiculargiiet ing, Hence,Jhe vehicular gLfeuin.g analysis presented in this'rretSQct is stnctly.'foi nfgrmatioi IM, purposes and;is riot related'to CEC�Q',analysis,or reguiierrienis. Based on the analysis and as'sho+Nn iii Table.7:: .+ The above. identified tjucu�, deficiencies z're present fot.e'xi5#ug'ar1Sl also 'WthouY project' conditions:. Hence, the'forecast ideniificn deflcieltcies are. para tysu4 4f implementation of the.p -' -Qied project; `5-7 75A-124 'tJorie of lfe' ip tr7oYette`yyhicli' could resultlh'tsackfng,up br the, ;lraff e, onto fhe.freeway mainl'ogt a.nd, povlftg �ddifionaistorage capacity f6.elinSlnate the`identified d0fldencies,is 'nfea;ible.',due to ph ical constraints,;an(� ip iPapy cases' wWoGld' retjtll7e moving ept{rg inteisectioris to provide mere sigrage,' between the: •iii erseetions: - • :Based on the: distance:betw&r) pigject•site drj`veway anif the, main Stieet/` .i36ffalo Aven4e l-5 SB.cin-Rmp'interseclon`{375`fee4), thecvehicul'ar�9uctie ,at they northbaund Ivlairl Sireet.inovemgttt;is forecast to ex hd beyond the• 'prajcct ste:access.: Th&iderlUfi6d,`;tfueue spili-baels is ari ekistir% conrijt op curretttiy affettir�y, fife PSisiigg driveway ftrr'the ,public parkfng Ivt dile .to the Nigh vglume.cif existing arfd,'•futurg traffG tra'Velihd o0 ndrthbotan`cl Mairi'u5tf�et and_` thes identified cieffci' no direct result of';th 'pr6pi'sed project: 5=8 75A-125 .2129 NORTH MAIWSTREET HOTEL;PROJECT ULI eared Parking Study ,(Updated 01.16.2.0,E 8) City of Santa Ana, Clifwrna p � rr+d �w FrL5044i�pf]p YYlJ Ju�w �'h yo-l.rml-1 < \ I 'q i i�9 v , a i O' qq7 . _ ,X? aiutc soli � i k3`d l �% a♦ i S z , i nrtw axrxe iyu!rn, nnv . ;rrr.w rvsimnw N?)' :1:1`J�Yir,Y m{ EXHIBIT 16 engineering . .group, inc, 2)2'9;N I ORtH MAIN"ST I REET . HOTEVRWECT TU DY li 41 SHARED) P ARKIM 5 t ,.c i��y,-'of,',S-�.rita-.ANi "ilifornia epa4d for: I�Et,,ORAEm qfC MPANY -tos �sCA''-929% r�pa,r'e,d ��y:. _. .1 - I k�NGNRIN60uO; iNt 46""-%e '$ulte 2.80. +wgelpch,XA +6K ,M,oharnr,�ad i Gr R6gWi;6o-i��ec6' jarivary,jo-, 2018' Rq:&qK124qZdat JWOO'6-2016-01 75A.127 Table:of �Corifents L:isf,6f Attachments,, Exhibits I ocdiidn Map ..................... A, Proposed Site Plari .,. ......... tables Acquired Psrking-per Eity�bf Santa Ana':MunicipaI Code -ULI $hareoarking Adjustments ULPShared PaPking Summary for Peak"Month &'Hour ...................,.., 3' ,i4ppendices . ,Ciiy;of$antz. Ana'Parking RequiremeCits,,.,.......... ,............. ,............... 14 ........:.:.....,.,,., A USW Lantl Instikute,{iJLi} Shafed Parking_Methodology:..:..........:.....:......:..... ......... B 75A-128 Pane, 1:<U 1 ':Iriteoduction. ........ ..... • . .., . .............. • .. _... 1=7. 2:0, Parking Analysis• Z:1 .... ... Parking Ahaiysis 3-1, 2-"l Z,2 :$ ar'ed,Tarkwg.Analysis 2 2' Shared Parking Calculations 2.3 2:4' -5 hared P.4rking'Results, 2 4 3(0 Findings &,Canclu'sions 3=1. ,,,,, ,,; L:isf,6f Attachments,, Exhibits I ocdiidn Map ..................... A, Proposed Site Plari .,. ......... tables Acquired Psrking-per Eity�bf Santa Ana':MunicipaI Code -ULI $hareoarking Adjustments ULPShared PaPking Summary for Peak"Month &'Hour ...................,.., 3' ,i4ppendices . ,Ciiy;of$antz. Ana'Parking RequiremeCits,,.,.......... ,............. ,............... 14 ........:.:.....,.,,., A USW Lantl Instikute,{iJLi} Shafed Parking_Methodology:..:..........:.....:......:..... ......... B 75A-128 1:0lfitr6dueftidh ENGINEERINGRK red P'arkl I ng Analysis to 0MVICIPL,thlS 51�ia, for 'Win Hotel �rqjLdi TNe p�6ject site is, docat6d 0 the the 11� 1 -1 project�q 21,29 North;' 'Street t H southeast corner `of (,Aain',street aa&,WeS1::Buffalb- -tAveWe,L,16 the City dr-SantaArja,, as sh6qynijln Exhib-ItA.. ,Th6 p'rbjqLt!coh5istsof'a 13 5 room' h0tcl,including 1,'027-,square,f6et Of`iestjurarft,_,6hd sq. feet .of 6fe'a',, The;pnbpo�ed protect"(S.lanr6d'i displace- four pare - p existing homes and ,aq existing ufake public parking,lot, 'The ,,proposed - project is planned' Lotailof 128;Pai:kmj,spgceswbjth will be shqrgc,,globally byAhe 0rbjkft J uses A site plan Nin_tlud ed Due to the mix I ' l-l1and. uses, tIhe,. proposed projpctlehcs.itself to the -sWed parkihg iclual 056s Obak outing 41ifferent times 6f -the'ca concept where indIv yT As a starting P010t, the .Municipal Parking ,Code for the Qty-of,5ppta Ana, has been. utilized, ,to esta5lish abase parking p 61.6'foril e,proposecl. use5. �Utiliziing,,Ihe CiLy:pf -Santa Aria �r, Munifipal Paikin'gC6616 to,de�terminethe ,required parkihg spaces for e0b'ir)dlvjduakuse;. the,pr6posed'prbjqct,wculd need to pro id&at6taFbFI61parking spaces, Aspirevidusly noted, t . he proposed prpjject'is planned 16 p(oVide,.a total Of 128 P_?'Nn: , spaces,. As a result, based on fhb:bity- of Santa Ana MLjnic'IpA Parklhg Code;' ,accounting for any sharecl 'i 6 g,, o' lhe� site and the accumulation of total parking. Park _rI 1 .9 1 . � demand resulting f rbim the interaction between the uses, the project woul d 1564daerit W 33' :"Su M 609 Req-uirernentk parkintlospaces. A summary oarldnd.�pertb QLy'sP I is included in'Table ,1, H4w0vcr,fQrsites,vv6ich contain a nurOerof land uses, such as the prpomed,plroject,jh6 Moni6pal Pa(king tocle.aifows for use'.,of shared parkihg, rheth'Oology,to, account,for the total parking occu,rnulatioh on the site based on the interaction between the uses 'to determine overall parkingd&ffand'!TQr th6 -site. Hericei a tjLl 5 hared Pa rkIn'g,,Ana, lvs1. 5 - h85 been prepared to d6ermine'the shared park rig cleiiiand.dynamics of the proposed project and the resulting overall r6quired parking dere nd farthe site. 1-1 75A-129 Ito 1®na Z.`7 •Parking'Analysis Asa starting,`pornt;.the Municipal Parking COde.for #he.Cty.of Santa".Ana.has been u Ujizetl to-e5fabllsh,a hase park ng rate ;[or alb c) the proposed uses A copy of fife City" of Santa Ana ftit�nicfpal :Packing "Code is con'taine"d,,n,Appendix1. Utiljztng fire CityoJ'$anta Ana Wunidpal. Parking., Code-to,deterrrilne;the required picking spaces'for:eaeh individual use, the propesed protect weu_Id deed ,to;provide •a'total of 167'parkirig •spaces:. As ;previously noted,. the propgsed project is,;plajirled't4 provlde, a totaa of '128 parking spaces, As,a;result, based on.'the'Clty of.Sa;rita Ana Mupicipal Parkin g;Ccde,,, V4h6ut accountingfor;any sh"ar`ed parking on the �iteand Wq accumulation af`,fotal par[ ng deirt4n resulting U0hj the inte[6ctlon betNeen the u5esr.tfie pr'6lecCw6ufd. be defraeni6y33parking,spaces A:theitys' Parking Requirements is included.i,n Table f:.. The: praject "land ;uses are "compatible with brig aoglbor,and, lend"ahe PP ves. t6to use of shafedparking ;because the .uses :are cdmplimentaryAP., Ihotel,.`restaurant and:lounge?6nd ar}, a,Vi5itors'could-OfW,go th_* for r))6r6 ihan'.one (f) purpose awhile d"nly parking once, Fol .e�cample, VWtors;sta�ng In tlie:iioEel,:cquld also vi"sit the 'restauraiht, and IbungeJbar; therefore reducing the":typical darklrig demand' r0ui'redf6uthei6dividual u`ses,. The muni-userpakuregf`Ihe land,u_sesWithin hotels 311dYv for a'reduction'in overalE parking generation:, For sites which contain a land t ses;` 'ch. as -the proposed' project, 'the muhiclpal ;Parki'ng Code' allovys.,f€ vuse of shared -dark hg metliodb ogy to accourit Wr.tfletotai Parking .accu nPW1an"anJhe5lte based oti•the..interactidn betweer) the :uses to determine overall parking demand for the -site .Hence, "a,,ULI shared •Parking Analysis, has been prepared to determine•the. shared'pa(,king.deitarid i dynamics of tlie.propdO project and the resulting;overall requ r0;'par0: g demagdfor.the site, The ULI shared parkfrig utilizes. the nationally-reepgnized methodology. for evalUatiori' of parking for Oxed use,projects of variaus5i2e and scale. 4-1 75A-130 The method6logy,as-used and ackf(owI- dged by j4rrsdictions fhroughout'tilefi tion• and,Califo[riia and applied'to these types of m1Xed Use jofeGprnjects sliai�ng.the ;site with restaurants, mars, spasicett. 'The methodclogyis based on; studies 6frsrfes,donefiy, jhe,Urban Lard: lhstitu'fe-and ' accounts forvarious factors such ds: Reductioniii parking demand Jooleldta!dn tatilizafron of other modes: of transportation -such as shuttles, public transporiafion, .Ubet,.,etc; which" reducep�i.king demand; i. keduct on ih: pafki'rig demand :based''on tufa '.on .the ntimb`er of persons' arriving in':a Single car; Dafa; ofi [ince of day ptilization ,of :parking spaces. for the',la'nd use:for' customers as well aseMPlaYeeS, • Data; on seasonalrand, onthlg occupancy and°;a`r" tion for fi`e.land use;_:and` liiteraetion:and park ng, overlap'between<Various"lantl"u'ses'on thesite,'F"qr example,.a:visitor f6 th' 'hotel would also -use_, the restaurant,oti'site; resulting in.a-single parked ear on the'site jnstead'of LvVp.(6ps car,parked ur !the '(es tau6' nt;Md ohe tar pajked for tne'holel j 5Fiared l'arking'Analysis• For.tliis analysis, RK has used: procedums*veioped' by the'U(tian'LAnd'In'tituie (ULI). from I.hNr most recent °,pub1ieati6n; Shared' Parklrig, Second -Edition. This. Oucumettt'ifutaios ther latest procedures and data; with ;respect to parking demand. and shared parking. 1he-shared:parking analysis utilizes theparking demand rates tram the City of Santa And MyriiclObl Parking ICOde. id corijunetion .With the ULI shared parking, methodology to :determine the forecast hourly .accumulation of parking demand forahe project sit"e_ The. ULI shared parking analysis accounts for ;fh'e' types of land 'uses, the monthly' variations o€ parking demand by land use, differences .betWeen weekday -and weekend parking clemed, fife hourly distribukion.of peak parking deniand far each 2-2' 75A-131 type df land use .and tjpavd,uersus non(,caot - iveI i ng'cle" ndAithih the p'9ed, ma The,pa.�rking,Aemncl --fcr,each proposed land. use. was bs1iihnatqd:,u . sling the City.o' Santa Ainb!s, MqnidpaI,P6rk[ng -Cod", for thattindiv[dUM land use. Fd(hernndrO, _each month o(,the year was evaluated and >}ie peak pa'rkin,g demand. For both weekdays .and VVeek6hdS"Wjs det6 nrVjnpdl,,utjjiz_ �ng :data •iA _O.nta)rledjn,Jthe UCL S}iarred:Pcjrklpc,_ PULbIlCat on -and 'the.6peraLighal',64r Second Edifion. i �(Ibiisfi�s ofithelproposed lapel uses Within,#hesite:• Th.6 ULkdevQlpped ;to-mputer,mcidel"and spreadsheet was us " --e4l a nalv4e, Ov fbfeoa,s.t OOrki.hg- cema6dat iIhre,pqJora site. Tile .IL JLI computer nbdel -ah'd spreadsheet ;is consistent Whfijhe,,PfQC0LNs hdudedinthe Ltf.�$4rad.ParkiIng Seeond.Ec/rtion publication. I pjfarh City of Sahfa:Anj Mu04(,Mrk16 lqg to e. , d d,136t' _40(.each Ou. J:us ?. Peak parking d'emand'by.land use..{oP visitors;and employees, Hopjy'Varljtlbns of parking'd6tnon& 4, Weeikda'y.�re!'Sus vvLa-e'ken-d�adju5inonf,ia6to(, 5,'Monthly adjustment factors ;to .ac6qn__jt fwy.afiati'dris of parklng,=demand,:over, the year, The shared parking demand forindiviOual rates takes Into account the, peak parking I cWacAerlstJ4 of the hotel, •(e..staorant, AnO lounge/bar,use.s. These land uses have- Offoon t pe,aVng.,character's .isfic,with respect to the ,t i . mebf day.and the month of ,the. -YOP(. Adlistments have been roade, to take ln.Lb.consideraGoff 'both WbekdAy and, weekend 'peak conditions,'based' upon the individual, typeS.bf uses. Thelatest: ULI pr6cbdures also S'ep_arzilevis ' J,(bf versus emplo.Veqparkinq dennand fbr',eath land u S, . e. 21 75A -132 :,Shared Par kj'h§,C41'c"'Iatidns, As .described, in the above secQpb, fh6'ULI_Sbared PaiKmg),'M.od§[ vv8,Jused 10 -evalu8te t*peak pafking;d'e-m'pbo.Of the proposed 21i9 The mbhthlyvariations:of parktog demand '.by land,' usei dilierent, pe.aC ihg,;cha(acte*r-isfl"c,'s WwOeji weekday and -weekend parl�irig demand, and hourly distribution b(.p6akliparki6"g,de-'m'-ar)d,f' r, _ h,.l n s Is,attoU;Ite& fcirr'in th,6 inalysi"5", The ULI 'Shafe6d ParkOg nWdl aIs6,:lp(opbifj6n_' the: parking rites b6tOe"On vjstt6rs, .ane conditions; each with theirlbw n parkinq, IIN'Oi dfsa'hta Aria Rhfkingt-od -�qq y -6 gices on-O'parkfqg �space- per.. room plus 1 p room no , d. prldhg�spate,,'ppi'each iea.,0 5 f�r+c�61,use� llf�ftuld be� L6 !thbt the City Of Santa ;Ana Parking 'C6d6 f6t. h6W tjse is co n0d6ied,,conservative when, r r 0 J�req "Non I(II)Jaikin' cqm'p��ed to_qttW,sirn4a'Jp tdictl'-6s d.pre 9 space �per room.- !ypiqlly, the WShared � Model utilizes hOI.QLI'�6st6blished-parking ratesfor dkh-. land use,. However, tb: reflect the :City O't S Oa, Ana -s mpres ringent pa"kIn g, srates, * has, modified the patrkli I noera16s--- th-' Ind,L)LI. �np'oel t6 �f 'qf 1961 t)he'Qty,of �yj -Santa Ana's Parking GPO6'fbr This ,ap pr, hyielOsr a rnp(e conservative parking :Oemand analysis. when" W.m0arpo,to r the typical ULk retorhrh'encled'tn;odel.". Z;4 'Shared.Parldn 9 Results ,Sihtethe pgak parking =demand for�eachdandl O'se, 6&6?"s-k h,dYfer6ht'hour, and also 'varies by month and da 'bfithe.meek, thepi,k- O e@k parking .dem nd ]s not solely determined'by adding ng the lrid[vidua'l lJeakparldih-g requir6n�ents,'for' each land use: --I 145:invjth most hotels 'and restaurants; It'is.expec -have a' small�jkrcentage,Of t�6 to CaPILve trips , be,Lween users WlthinAher.develoP rmenI, whith fWilher reduces. the parking dernand. 2-4 75A-133 A tion-tapfivejpairklng raqq of Ofilije0jor h-(5 Id70% fob visitors. The . pajkirig, •dlemapd ,is t6dyced'N d 6.6, f fie4ad - th6t m u [ c1pie "]a ria 4,whil ".p' eki-'qg,6nJy 'qoct, lt'is:customary iWd,.standzird, prkflto 16:az7t) -t dtio,for t6 �U(A f /I u�, I j m e..a non p _-ye r n' maxed; ge, use hqi0'0,mpeke$c Ca 'IC016t6d 411 us - PSI Therefore, 15°J° .,.'o_f,t4 Or�plqyees,are utjlrciflg p0bht,Van§t,,ta.Wi, M6 not parking:6rrsite Th q t6 ,mqdaI'adfustmpjit4ake Jraccount ta'* 5 CC,. qi .aIt matiye tra Qsportafiqn I v6h!de t6a'64frpm,th6l't6: Table 2 shcWthe.!;WM 0 1 rates,, utilized: adjustment ifliz6iO. This study !fends fat j Oe- res�ujlted in the; lhjqhott• ,P94k parking . overall The ULI', sIjaf d p4kiing,-!sojp6-jary*bf results -for; 1h& p'ea-k month and Mng As,previou"sly;noted' the 2'1'29 North Main 5t[eet;Hotel Protect Od a. total of,wg.on life" oarlki(rlg spaces,.. Th6ret6ro, more thah adequate parkinq. .4apadli9 is 'f6ret4 to. be, provided 1p,zccOmmbd6fe. the- fdrecast:.`peaik. parking demand e' ' hd o.•f :110 pajkin.g ipcesh rthe.Pr6ject-'sitL BMed -up`this shared parking, analysis; -theland uses*ihin the,prqposed mixed, use,2129 North 'Moih,Street, H SOCOs do"n69 Parking! all -times,'Of thej0r.. OUrihg., t.hI 1e, pea.k. month of Junt, the project site is not t exoctedtp.ckcpe� the parking. supply. During the eQt46 yOpr, !hprO !s,Of6kted16 be a surplus of p�rkno%soqgvallable throdghp'qt the day:. 2_5 75A-134 3 fi . hdihtw&I:driduAob n -s The tqiioWing'fin'diiigshave been dpteim'in6d�'by,'ihi'5.5hared Parking Aholys5: The,,orop6s0d, 21'_29 North : M . A16,,Sfreet. Hotel t6,cOrfsi'5t%Of,a.,!354 room hbt ],027 square 1666[_*(estbura6t *;,,aRq 322 -square feet. of lounge/ba r area, The PFQlbosed uses6rd, 'comp@tIbl' , fiom ,a and a i ht, nqt,- cc uf�s 1 -1 n . �6, I t ahedusly, forecast peak Og-,qeMa `d'br mixed) use, sites -M!g o from all Of 016 various Vses.- 2: 71 e proposed projecri's planned videA!total Q - fA 28. parl4ng,spaco onsite: nsit6i 3: bdsecl on the Edty of 'Santa,,AhaParki'ng requi'rement's f0'r-IndividPal pses' Without accountingfof sharedPark' 9-q , the pro�ect•site, a total of 1'61 PaNho, -s"ces a rt req 0 1 red to a ec6 n) rp 6d kbib 11-1 a 6 0 uses at the s4e, A The 5j The analysis Utilized ififernp I ta Al --- d nriodal;adjusLrndw;s that•aretdnservative. found in the ZfLI.,Second a<ditort Shared Parking, 'WnAak E Typitally,,the -IJLI-Shared,Porkirig,Mbd6I utilizes dile LfLl-6t4bli5'hecI parking wesjoc each land :usq. However, , to,,reflect.Ahe,blty 6(Sahlla,Ana`5More WilrdOnL Parting rates RK has modifiedmodified the -;parking rates Within, the -,U Ll rhodel, ,to r0lect'fhe city. or Santa Ana's PjrkIng,Cod6'fbr each individual land6use. Thisapproach yields .a:,rhorb, I conservative parking dernaha� ajnhjysis Wk6ri- ;z(Jrripated to ;tire typical, LJLI= rLcbmrY)bffd4 model. I. Lifilizing the City Of Santa 'Ana'Parking ka'116s: ombinod With the U.rbar) Land (nsRut& (ULl) shpr6d paWngmet hod6logy ..,and adjustment factors, during the - Week a ,O,y conditions, the,pr"ojett is forecast to. -have. a ,maximum parking demand of 101 parking spaces P&P'r(ing 11 1 �6,0'VM -in the peak month (lune). Hence, -during weekday peak, parking demand .tondltjobs. thq,pr 'ect 'site it -fore st to provide 'More than adequate parking ,capacity. 75A-135 Bl.Utilizin,d th&t" ty. 6f':56nta 'Ana' Pa�kirlg Rates:_ omhined. with the Urban Land Institute (l1Ll) shared 'parking: rr]ethadology an'i: adjusfrnent factors, during th'e A ekend'canditiabs,'the projeci Is,forecast to ;Hatie a niaxii�um parking'dem'an:d,df' 774 parkrng�3paps occurring f1 00 PM in the peak m_a,nth(June};; Hence ,'.during weekend ;pock parkltig demaotl concJitio'ns, the pralect s%te is forecast to protide more than adeate parw qung;capacjty, 3.? 75A-136 EX'-hibi,t$ 75A-137 Exhibit'. U-ciit !D, -Joh M, Ap", .Legend: eqginberinR 'group,.inc. 1 N 0016-20 2129 N( J .Exhibit B Site, Plan engineering ,DY, Clryo(5an,a Ana - group, inc. 4-139 Tables 75A-140 --Toble- 1 ,2129, North Main Street ' HO'td,ft. o-- Ij-"ect Re u'rqd Parkijg�oerdty of Sqpq Ana Municipal COdJ- 13 79. 75A-141 .'V_Oae, Auk&4666, for hotels 135, R.c)drns, �follows 04 M.btleIs:a r ... '(i) 110 M; -p one p C),-! -lus - spa6:for each ten,(� 6) �b Aw�m tA�Sbdces r a,managiees u'n'jIt'LJf'bio'vI'de'd", 1;02 / 'sF Based on Ihb,City,6f SahtdAna Cole, Historic properties 6ot;requiredAq pYqvide, adifi6nal pa rk!09 0 . fW legally. 12 92Z 5F required prior to ihe change:of U5'q- 1f,vIu0dp,aI,-Cbda fbi site • A. i !r,Muhibjia, Code -33 13 79. 75A-141 JABLE2 ,UL15ha�d Pa[kfng Adf 4Sirtlep'tf,' -- - _ Weukd Weekend WaokdoV 'Weekend'-- - - ' - - Non• -' - _ on - -I 'Peak lit .Peakma Fstlmeteq Paok W, Peak Mo Emimatad e_ct Data, Ba" Made •CaPlrJa Pro�ecl� �asa ldade 'Cupii;6, iPfofact 'Ail + Ad . Paii!ine - - Ad #Parklna• - 11 PM . _ •Junes , -' Unit PWd Adi. 'Palin :Rate -170R: Rita Ad '. RA[m ^Raia _ Und ;..0 AM. Jena. -Oemand� ,De and. 0.P.0+.': ORO - -7.00.- 'A,7e�: .rotltnS. A.D7 :.:0.812 - i00: .. 033--1 4w,"! 0:8e _.. i.u0.-. c -_7G. _.I :'1.p0.- =1.00,r. - if GUi. Sits ". 0-75 'Q.00 . :9.11 15 SfGLg .8:1Sa 075 -; , DdU• - 3.23 O'.tl4- 7ksi LA , '0;30 X0.05. ' 2 e a0- -OR5 ' .'. 2, 0.22.� 0:86 _ _ 1.00 4.1u - rioedYs paD• 085 _ 0:Y0- rmaml� - i1.p0 1,00 - 23- 0:45 _ -11.00 °i4.- - 78 ":;cuatomar `tea- •r EfjipIQY4C -: EmFloyau a7D• I tveii b;; •,Rassrv=-d `-0 notal — ror__ r tal', H`ia.: 75A-142 3= `4fon Peak',Month ;&ygur lour.Parking➢erriand-- - lour Parking Demand OVemICPk AM. Peak Ht :PM Peak Hr EVeTeak Hr 3PM qPM; !SPM, 6PM.: 7.PM, S.PM- -'9PM:-� "10PM-:_11, PM, '.12=AM :. S7AM. .8AM5,PM "11 -PM- - 57.^•71 _.,71 76 8t @0' 95 95 ._ 76 76 '67 95 OveraIFPk- 4 PM Peak'Hr EveP.eakHr 3PR1 APM:?-`SPM' -6 PM 2 2; - ,.2 26 .28' 16 -_10 '-IjiPM.t'_ •8.AM.- "s pm! 3 1: 23 23[ IB :3" a74 ... --83 .61, 69 -75 _ 76.81 ,..[98, -'2. '- .10. 85 -,95 98 97 78. » 78. "— ;.W 98. " 26 23; 71, :,- .77 1 :12� 5 3 1 ',23 ^_ - - - -. 100 10. V8 _- ::20 71 7 X17 _ _- 1.00:- 10 82 ' - • 85 - • 88 ;90 - -95' q _x'86. ^' '87. X85 ""87r 1186 91 .100• '101 98 .101. "d01: •87 - -101'' _ 401 .•87 161 lour Parking Demand 75A-143 - OveraIFPk- AM Peak Hr PM Peak'Hr EveP.eakHr 3PR1 APM:?-`SPM' -6 PM 7PM 8'PM ::9. PM !.'10PNI IIP4 ,12AM '-IjiPM.t'_ •8.AM.- "s pm! -11•PM- 759 �— -22 e64..-_"-,69', 20' • — -_. 2 .'.3 417 a74 ... --83 -'74' . - -- 4' - - •.12' 79 4,' 12 - - •: - .__ 84 93 - 4 _. 4 �2' 10 ,..[98, -'2. '- .10. 98: 2,_ 7 „_ '_' 98 '2 '- R0. _ - +2 ,120 _ _�.. -------------- "- 2 I7 -2 10 ,60 �22 _:65', 71, :,- .77 1 :12� :83. 72 '88' _ 712 9T> ___._}10 100: 70 100 7. -. 100 10. V8 _- ::20 71 7 X17 _ _- 1.00:- 10 82 ' - • 85 - • 88 ;90 :90:... -95' .100. , -107' _ 110 107 10V88. 110 . 110' 75A-143 Appendices 75A-144 App.ehdi.x,A City pf S'nt�An� a Parking Requirements. 75A-145 6. Ek6¢01 # prQVidedin -sections 41-13915, 6nc-illary, Iv spaO no.w�ceedfng� fitted A'AW of uses mithfirt 0 singtal6r4nt ' " ' ' ( ' ' n a rakoljfi e, Primary 4 - pqrklOg s a!- Wherever a:Odr ticu la'r,dic b f pfdOprtY can b6'6.(6ssifi'6A 0hc6r,nnbra,than one - se of this amide whichjsets,rhihirnoni parking- ,-Spng req'urre m-'e'nts,. lite sp W-hl;h'-6on6lns the'. h�drq- s--p'eolrJ6 Use., .did . scrlpfidn,shall.6001V-�Jf two 2 �in-,&e 6quo](Y.'speciric sbbtlorfs�'-P'Ply' 'll Ipn- the- pq�Lrng -.h g her, d A sh. b I l' -apply.- 'Wh6rover reqi.�irdcll is basetf llpfln 11fe hurnher ofseats rn ari area, otobiben: ( 18) inches of b,arf6fi space.,gfiiall 1,6A a6mea, the agtj ival Of of one; M Redu6ti6ri in fi6lrk%',d6e jo�di s a'b'llri 0 � me Y, ba, 9[apteo., �Ifian fe6ujre&s6161y, 6ka 6pid to upgrade-eMstIng!'parking facirifids't Am6rica6s" and mla' Go.de-'bf cfiah gebf L use P -tfdll,- -t S of - * , k6e *rle, Yv e chapter for �0') Change Of use in dhistol lcr. dIs0ct'6 -r ieg[st6 clange-of usb permitted iria,hisi6ridreh6drc provide adddronak"Ratking'lo`thatlega)Iyregi ,(2) Change of use ,-0 'i,zpaoa urfdle'ri"ho, t1j"q, us f6et. tant , r '- . - . any eq ,spikci Kuhdted (2,50(7),sgljae& fiat in.all'zones, ,r below land' uses without tie nded'to p'ro'yfd �Qwenfly provided biitsite,qr in c . uVe M' tm oocbpancy. ReqUlf6d parklrfg=4hbWtid'-detari did not usa.ojs iubse6tion'lln a.,spbcv�ur �(2j500) s,qup, feet ,. reh all zqnd,S.LPjkn9' Professionaf a6d Eidmihisfrative 6frjcqs, Se.rvice uses M;.dlc.;e('and cledtif. b0ces. -'Retail and serAd.ocilvilies . of I .mv. 75A-146 only, A j Prior to the cfiahbe�4f use: d.'fiVe_ hundred, (2;SQ0} squat A I 4 k K ,. # J: i We' / 6 , } ¥ * > k f§ !� \ G~ � � � : w6ttfrmMVtif&j + 75A.147 'Seci'4,1=1341. seg: a1-tagz: Set:7,4'd�1343: '5ac,4i-" ' 4. rResteurarits, cafes, otc,• i�p�" -Each of at end of Uje driyo'-lliri they,do not salve"as 'HoW, 'Pnd motels. (a}' Tile ; rarnmum of(street patk(ng requif meets. for hotels and; motels aro as follows .ona,(1};'Space"foreach gue6t,room, plus one (1) space for each fen (1t7j rooms, plus GNn (7� spaces fof dad.. EXcept for be- provided for.reatauebb1s, banque(.fac1(4Ues. aR8 atficf':retail seN(cgs ;or recreatonaP uses inchideii rin a hotel or motel mui(d(rig'fpr•,grourlds in accordance,witii tha,requirements ;tif.fhls;anicle for such usesr Soc:41,:1346. Medicdl dontal, psyo. ateic;an_d,chircpractic;of#Icas.and clinics: The minimum offsheel,parking requ(r'ahlellts fdir ;medkal,, dental,;psychiatfic; "and ChnopYactic offices aid clinics are .as (ollOWs`• f(ve (SJ,spa'ces foi:eaCh'oneahousand'(t,t)dOJ stjuare f let of gross floor@Ge3, Sec: 41+ 347. Automobile repair and.aUlomoliile serVfcing_, la) The minimum •off siredt, park47g requir6ments 'for autottiobl% reipau and automobile serv(cidg ecifitias are as fptlo%Wq! Five, (5j spaces F rC each -one thougagd (1,000)'square feet of gross-ffdoracea, Vehlole repair bays In autoipobile repar;�Rd auto noblle'=seNic(ng facilities sht ll not be counted as.parking spaces, ' :Sac, 41-,1348. Banks and financiaN'sdl:vt(ons: (aj The nrlrumurwoffw'street_paiklnp requirements,fof banksend;oilierfnanclal 16SiltutoRs are as follows:'f9ur (4).sp06es foneach.one•thcusand'(1,Bo0j square (eet,of g(ossljioor area, pl6s:two i2j space's #or;eachV?alk-up autotnalir. tellurmach(&e. r age 1 Ubf 17 JIfI7 Ff•Gmpfl; slrvei Paikl,' lill7 75A-148 Apper)dix,B-, -.Qrban, L'a;nd lnsiltute..(ULI). ,SW'ed, Parking Methodology 75A-149 Mods rid ..No np, 0 t i'v' 5 fdr'Qfficq -PirOhd'Alrp6rt H6tds 84 Shared P,'Irki rig 75A-150 'Weekdays Weekdays, Weekends PerrentOcceparkY '16A. SOS 10(7% 9045' Number of Guesis Rvr:Omukd P, 13 AS fgttivakntMbd4Adji>$fm6rtperrioom. '66% oveGs Nak ffimber Pruentpq O&O�,ed Robnj` .. 0.3 S,025 . .... 7590 '7& V, Mo �sq*N kn I RAW' Ac,4141"U'v,ilon S, A--rl 025 Restaurant patr6ns Numberpe[GuesiRfi6ni, 1.15' 7.20 x.135 1.20 Nrcen't OWng it Peak Holy, Gm, Room i prak' 8our AftjuTatil 0.16 -0.17 0.16 APPa6mte P6k b;hms pe'r, Sq.. Ff W h5t,?Wiarl 48 436, 1.443 Percent Nwrgunst iNniicapthre Ritia7 904b 305i' S4�S 709y Nr t No*est Dd(,ers 19Q� SA .iflW�rtdod2lSorrtrgAutoEgi;milrrrPwso,rs,perYar. .1.47 1.67' f.2• 5pyw before I�j o�ivafl� , y bea a0ke R.76o, I79 26 ,tz;- 3jMceykzfalternpplK3fldrtalMarrapbv�Natid: `1,G' 0,80 119 'flumber pe? W'bf NWtrjg'5pj6 t (NmiapW RaUo)' yr 60%, 11 10096,Modif Spl;t j6&% ivulvaleal Msmsk-ezv Im! Ratio �P - 1 30.8 ; 308, ".., � 1910.2 -- - 12, 9, 14, Notes Defull 66me basal en 96in 0-99 le*i, swmr. pc 84 Shared P,'Irki rig 75A-150 qioniept u5 . olhait should Ut c6htifleired,0 Oalptit)g Wkirig, 'Guest Rabqis WIjili 4 44ijpn5's-or;,Ehtdd hotcl-lYipitDHY 1183,1 hJkhdr;P0rk4 Ing, ratio, Per kirc-'A ronin on 94arkiiiiys ifian w,,ekqnds,_ b resurl4Wej hasiust the oii oSIW Pa$crn, Monthly.airi-orriii- ior Iv.js1rjQs5 and _alrparL, hate os, 'Pr6i91!-5lY 4i(_,M4d, time-t]"@y file, ,ors this edition OfShued H aljosas.N9 me fh�rklQQJle,, ier - _ cent 61 1he pari les that Ocrjg)Y,xu6sl,(Q6m-, %-IIII arrive bypr. or One 1*6/gyest-rdriril. kH116,19,99-5 Wdy, ffir!i.patking 6cevpied,qri,LWd '%ie(,i I,, i6 T fjdr�v, 100 Percent cif roams ,Lay, irit holei!; aii.d on WeekqiI& it leisure hotels, with 90 percent dceuPa9cY of onweek We ends'af business hotels and On yyee d, Ile 1998,sjudys Malpes fort he Pqtccnka se of drivers amour= - provide.guidatirp for, mode adfusLirierij far at least ihe Nvo subtypes of-Arof 1 060 ufjice park htj[ _*-, ho eve. Ibe.yiw7,I he coriveitrdlt)itldde�ditiGtrfietits 1113tVii-I be.ippiled 14) ft par kilig TaLib'WR(Il Is St a, CO, 0'rt a orn Petra, ,basis. Nqj su rprlsli nEly,lhe mode odjuslment apoiciprIate for .pq pitpddlbased hulel is lower linat, th,Uor.ij)ysincs5 Liar) SJjowaekcntj mode adjustment found in lke 1488 - study wosloydor than -the weekday ratio for husimcl h6tek aria ihe 5*aMeasthr-weekend rakin inrairD.6rth6I:uis.1 tqests, and, [16*41`55 Was s190113- guestr Thus, 11 dinenv, Per Ivbijld appear slgriifii.�arit overcapac- ily,,6f.imialtran Oice a gue5P room-(NirilrAipe" ffie impact. CA the 60s5 feat ht alifbvr hoteis The 0,Y:110 ai mA 15 9b percen['pairagaSe by nn6gulests, but overalluse pcv-$guiiri fout. Rater than �rjg rrI6 e.Mjegoljes,nIibotcN.i4ith Oq M �!;su P11(30 tallrant C@PPO,� P'g 4'st I ' r I - 7 rqoiT., and pfVldiqv, scparn=a ti 1e of try lartt+rs aaQ'ro�n'; - b I tvoepastil, on of, 0,7,5 seaFs per s[j6 m.ajfd35 -A iIirrfieeL Per 5eat'h5v6-b&n used to gue�j (66m to k p4tr per Peal par kir9 Goe lid to 4*41 the ratio of bullA99,P-rea Oef 5qil't at ,restaurants aopblrs ku be IbOut 33 StJuatq feet I)N seat.f6r piie.dinirig restaurants, wiffi 3b square i6el.per seal aL high JumoVer rest Pu'ralltr) `1116 scluairei4o)K!Per-seal iij9u.(es sure (hal th6,. %(luare feet space at a hatel Wed with the g;i6lauli fzlcvirrs.i recommon6d in,Viiis bunk incl in 1he kitchen swpoc* The calculated cujale,d Parking nW ;b&cre applitOtiari..of jrIe rer4mmended norimptive and =mode adjustroeriti4airige!i Iturn 2-6 10 31.3 lus difficult (0 iliSUfy.rk6TTI0)erWh19 a riti -n oitinderAD ' rW§Aoam 1,601:01 fe0,wjrant/Imjnga sweln l6tels. based On a :sjngje shidy, albeit highly oLtail6d.-ol lot ' V WICK GIV81`1 t110 Ii 11fliod s<Opq cif ffigistudy, the parking ratio 'I dm 1116 116IL! 6ditiork &,SharM fbikiwj ii4 Lfiltrelc6mi-rimied [Or rCskaLlr1*nL, Lhal. are iitGfral to the (railier than tieing an The ratla. Len Riuslomrair its I liel§8B sbuly Lied parhnp ratias for gurst.rooms.rather than squaw, eet ol;esiauienl space las it, shmred Porkati-q). The h)uj hotvlstudied had a witteraqtg of (),47 to0,99 seats Per PUE!surooili, Volt', an nve(Eigo of 41 e 6 riii I& sp,,Ices/kql is roughly hill kh6ie lot cl-,L andn 0,74� Tfic q6th percentile Pv.ak�fj6ur occtjoaricy 61 the', A 75AA61 n 11 1 Land Uses # Should kre;rtiuih(ied}for:kesoR lintels, Wliich';havp-distinct lbunst sca;on 5tigg(._ ed faciars tar, hotels iii clitti61e5 Ihal attract Wuit'er tourists are„ppoviaed, for, resort hotel,. but ihese'may ppf be stibl le'lar'resari5 in nor _I6rn ellm6. Lhaj wily -have summer seas66s, M66thly factors for restaurartis ar iha°same as Thos '.fpc o an=holel't aced restaurants, hecause,Rm pa(king•7yee1. ts'based-ol1 nuuguEsl •pati onager Tfic monthly FicEors` frig 806.1 ccirrlenF tion cerilers are the samE as those lo'r hee~tanJirig c6nverr Lion'[¢fitel5, .I lo�ell'R.itrkjnf;.Ne�iJs.'E'i�ectfohs� Gumi keom,htode Adjustment kestaurdutksf!' Paumt Ngniaplive Mcdepdjustmenti Meetir>s Roam &si pefent Nnara4wa Vadr. AdJustmenl Camrenlloplsr ' Percent Natcaboe Made,Ac�justment. FsUmrfed Pgak-PM- Demind' Peek Hout Oveiall Raliw'faccs perjtdom I I E 85th pe. 6inliln. Moles. %sr {1n,ts,�,n iii wu=weculrr.. WC=W-e?e6ds -300 300 ,•7,35fJ ;"1,350 9655 30"h 70 P% 200,0 ;7060 '6096 75x' T4fi 2546 ;0544 't52, 9 pini, 0 0,9 ,The tlmc pf da713r.LoGs t1CYnloped it) llle 1988 sfudyrfra 'b7een used foreadi,ceinp6dent; with an addfional Set+of In - tors fo7.guesi rnomi.airrescr,('haleL Lo #efle�t fhe gre�tor prl•sence at vehicles there d�rlagahe daStrmNa'ilfe.ltrnN-nl;- day bgur0s i4 PorJnug Gi�rnrnt rzn ief lett aye: dtl; jralkng.oecU- pancy; To che¢ the reasi;j>.ahlepes's dt thr r f;irtiir6, �cojtr= Uons of 'parking Kc vM14001pnJor-fh6 avaeageSlze of each i:nmpauent hI each Lli <_u6type tre shuWn'in^Table-4-17 Meting and �:onvcritbn spd�e'where mp6d6d bi seats' 'ralhar jhan Syuare feel'yie�e'convaried.using�AOstialsfksl. FuII•$c'rvice wo'� WE rE'Avg: , ITE Aq 3.5{1' 350' -¢Vh .TA 903n -30",5 IiJK 60' 6090 75% 4400 2Sy5 7555 322' Noon 0.9 11 �7g95 7696 2U;40� :25Yn 75% 289 ns lilt.,V�l%fes_ AlrpoH IOusfne_ss RnsaM a .WE wl) N1� WOr WE Salzman Saltman ..Suburban Suburban- Resort tkiorl y 300 360 ,13U: - 130 450 mm.450 S4% 59% 56% 77k, 60 ,77% 7,350 7„050 1050` 1050 13325. 13,125 90% 3(m. 40% 3oti 31195 30% 710% 601% 70% b0% 000A 6.095 7,000 7,000- 1310 17310 — — .605 70% DA- A(�A 7m, 75� 6% 75% 75% 75%. JS%' 25% ;2594 25% .25%. 25%x' '25% ,75% 7594 F% ,73% i59 75', :264 -2 BIOS 97 .470, 393 5p.nl.. 9 P Sara, 3a. M. Nasi' {iarm 9 Q7 011 6.1 — "0.7 .02.1.9c — jq&lsJs52 Single Land Lists, 87 'Fioin_: Ltelaher S:eleita Tot .Aem�i, .4arah $ubJettc F4dt,pbiBttiansto Approval of 2125 MA Stied Hampton Hotel Date:- WeQnesday, 0mbec 13 20i74$.bS.kAM O.Sarah- lam sending this.nbwy to tie inciuded'fo'r'ih'e an22"d k rreeting; Thanks,. Selena ,From: Michael@Better Nelghboihoods.eoiii(rnalitoirtiictiaei@tiettertneighbk .Sent, Tuesiiay,.Deceinber 12 2017 8:27:PM" Tod Kelaher,Selena•_ -subject: Re: Objeetiaiis to Approval of.21z9 iV Maidttieet Hampton Hotel Pe* 'Ms, Ketaher, I, have the following objections.to the apliroval.of the pro f?;ipsed Hannpton Hotel .at 21.29 N,; Main',SVe- et. 1. Zoning Chapel, I don'l see how the city can make the findings required fora zone change for this property? Ilseems'to me thatif.the proposed zone .change is gpproved, the*veiophiei t,WIlf be so significantly different than thatof'the existing 'developments anti the surroundlh.q area as to make the change untenable for the community at, large. 2. Alcohol Perrriit: The'city�should dehythi conditipnal use.permitror'the sale -or alcohol. There are already more thah enough liquor licenses ih the city I can'i''see how.the community needs even more. 3. Variances, Variances should only be given to a developer it there.are,special circurnslances, 'I cannotsee h6W thefe:pan be any special circumstances fortliis property. For eXample whatsubstantial property right Would be preserved by 'granting these variances?I think that granting a variance for this project would be detrimental to the,public welfare`b@cause of the additional traffic, saleof liquor, and overall congestion: 4. HistoricalSite' The developer intends to relocate one, historical bilMing to another location and;4o turn it into:a bar, acid also wants lo;tum another historical building into a restaurant. The proposed.niitiga(ionmeasures to try to minimize the loss of the, historical integrity of these historic buildings are.completely insufficient., 'The Historical Resources Evoluation'Reporl says about the proposed. move of' the nationally historic Mellon Hotise; "the move will cause the Melton House to lose several' aspect's or historic integrity that includes location, setting, feeling acid 75A-153 qswciafibh," WoW I don 'fsee•hdvv.ybu.can -m- ffigate,th6se-losses If theMellon 'Hoose; a nd-tionpl, historic property, Is n"loved from room fdrb,Hbmplgn hotel! I do notthink, that. by simply-fiol' lowIng the,Secr&tary of the Interior standards you. are in any Ma . Y'Pribvdhii n the'Meltoml-Ibusafrom losingits. "historical chqpqtp-r, S. The MND does-not-include.an �,shadp'-.pnd bh6ftv,thippt - — I - -. . � -1 . - I - I - ts. 'Why not?:' Fora pro'piosed building of 11 .-I thi-sI..size,11 seetnslthat the2develop er should complett a,84�do,and.shadManaIysi§ foroj'-:Oen5(-pf the cOrMQqiCy. For bese,rea'sons, I object to the " approval this7Omi6ct- P e- ., s. emake .sUrd-ft dt--tfib plannin 9-commist-bn take§ these o6166tions intoconsideraok and.lhcdddsdhy necessary, additional- analysis. 0 raa eIG'66fsiJy 75A-154 ALSTON & BIRD 333 Soutlt Hope Street, 16th Floor Los Angeles, CA 90071-1410 213-576-1000 Fax: 213-576-1100 www.alston.conn Edward J. Casey Direct Dial: 213-576-1005 E-mail: ed.casey®alstonmm December 7, 2017 Via Email skelahei santa ana.ora Selena Kelaher City of Santa Ana Planning Division P.O. Box 1988 Santa Ana, CA 92701 Re: Proposed Hampton Hotel Project Dear Ms. Kelaher: This law firm represents the owner and operator of Hollybrook Senior Living of Orange ("Hollybrook"), located at 2025 North Bush Street, Santa Ana, California. Hollybrook has been an important member of the community since it began its operations in 1969. We write this letter to express our concerns about the parking and traffic related impacts that would be caused by the proposed Hampton Hotel Project ("Hotel Project"), particularly since Hollybrook is located less than one quarter of a mile away from the Project site. Currently, the Project site is used by members of the community for parking given the deficiencies in the amount of parking provided in this area of the City. We first address the adequacy of the Mitigated Negative Declaration ("MND") prepared for the Hotel Project. Case law is clear that courts generally apply the "fair argument" test to review an agency's decision to use a negative declaration under the California Environmental, Quality Act ("CEQA"). (Rominger v. County ofColusa (2014) 229 Cal.App.4th 690, 713.) CEQA requires a lead agency to prepare an EIR for any project that "may have a significant effect on the environment." (Pub. Resources Code, § 21151; Friends of "B" Street v. City of Hayward (1980) 106 Ca1.App.3d 988, 999.) If an initial study reveals that a project may have a significant effect on the environment, an EIR must be prepared. (Friends of "B" Street, supra, 106 Cal.App.3d at p. 1000.) Courts have routinely held that an EIR must be prepared "whenever it can be fairly argued on the basis of substantial evidence that the project may have significant environmental impact." (Id. at p. 1001.) Alston & Bird LLP EXHIBIT B www alston corn Atlanta I Beijing I Brussels I Charlotte I Dallas I Los Angeles I New York I Research Triangle I San Francisco I Sultan Valley I Washington, D.C. 75A-155 Selena Kelaher December 7, 2017 Page 2 Since a "negative declaration ends environmental review, the fair argument test provides a low threshold for requiring an EIR." (Ocean View Estates Homeowners Assn., Inc. v. Monlecito Water Dist. (2004) 116 Cal.App.4th 396, 399; County Sanitation District No. 2 of Los Angeles County v. County of Kern (2005) 127 Cal.AppAth 1544, 1579.) If the record supports a fair argument that a project will result in significant environmental impacts, the required remedy is to order preparation of an EIR. (Communities for a Better Environment v. South Coast Air Quality Management Dist. (2010) 48 CalAth 310, 319- 20.) Under this standard, "deference to the agency's determination is not appropriate and its decision not to require an EIR can be upheld only when there is no credible evidence to the contrary." (Id. [emphasis added]; see also Rominger, supra, 229 Cal.App.4th at p. 713.) The CEQA Guidelines require that if a lead agency is "presented with a fair argument that a project may have a significant effect on the environment, the lead agency shall prepare an EIR even though it may also be presented with other substantial evidence that the project will not have a significant effect." (CEQA Guideline 15064(f)(1); No Oil, Inc. v. City of Los Angeles (1975) 13 Cal.3d 68, 75.) The MND provides no analysis of the environmental impacts associated with the loss of parking attributable to conversion of the Project site to a hotel. While parking is not considered a direct environmental impact under CEQA, CEQA requires that indirect and secondary impacts must be analyzed. (Refer to CEQA Guidelines Sections 15064(d)(2), 15358(a)(2).) The loss of parking, combined with the inadequate amount of parking that the Hotel Project would provide (see below), will cause significant indirect and secondary traffic impacts associated with motorists driving on local streets looking for parking spaces. Neither the MND nor the traffic reports attached to the MND discuss or even mention that potential significant traffic impact. We also object to the proposed parking variance sought by the applicant of the Hotel Project. During the City Council hearing held on May 2, 2017, for the purchase and sale of the subject property, Hassan Haghani, Executive Director Planning and Building, stated that the proposed concept plan for the Hotel Project proposes to meet all "required" parking on site. At the request of Councilman Jose Solorio, the item was continued to May 16, 2017 and staff was directed to report back on the availability of other public parking options in close proximity to the existing parking lot. Yet no report with a solution has been provided to the community. The proposed 135 -room hotel requires one parking space per guest room plus one space for every 10 guest rooms for a total of 149 spaces. The proposed 2,627 square -foot restaurant requires 21 parking spaces and the proposed 922 square -foot bar requires 8 spaces. Thus, the Applicant must provide 178 parking spaces. Instead of providing those 178 required parking spaces, the applicant for the Hotel Project seeks a variance to provide only 128 spaces, which would be a 30% reduction from the required number of parking spaces. In reviewing the file for the application for the Hotel Project, it appears that the applicant has provided no parking demand or other study to justify such a substantial reduction in the number of required parking spaces. 75A-156 Selena Kelaher December 7, 2017 Page 3 Further, the City's Municipal Code provides very specific criteria that the applicant must meet to obtain the requested variance, including that there are "special circumstances" concerning the subject property; the variance is necessary to preserve a substantial property right; and the variance will not be detrimental to the public welfare or injurious to the surrounding properties. Yet, the application only provides one -sentence responses to those required findings, with no detailed analysis of how the Hotel Project meets the criteria for a variance. To that end, the application provides no analysis of alternative configurations to the on-site parking proposed by the applicant for the Hotel Project. Given the community's concerns about parking in this area, as raised at the March 9, 2017, Sunshine Community Meeting and the May 2nd meeting of the City Council, we believe that the Hotel Project should not be approved unless and until adequate parking is provided both for the community and the Hotel Project. EJC/ysr LEGAL02/37744244vl Very truly Edward J. Casey 75A-157 December 11, 2017 City of Santa Ana Clerk of the Santa Ana Planning Commission 20 Civic Center Plaza Santa Ana, CA 92701 emailed to: eCommentCa)santa-ana.or¢ RE: Support for Proposed Hotel and Related Project at 2129 N. Main Street, Santa An Honorable Members of the Santa Ana Planning Commission: I am re -sending a letter similar to what I had submitted to the City Council in May 2017, in support of the above -referenced project. As a proud resident of the Floral Park neighborhood in Santa Ana, who regularly hosts guests and takes them to the downtown area for a true "new urban' experience, I enthusiastically support the proposed 135 -room hotel with restaurant and bar/lounge, proposed for 2129 N. Main Street. As a resident of a registered historic landmark (historic home) in Floral Park, I also enthusiastically commend the project's proposed preservation of two historical homes that are next to the proposed hotel. A new and sophisticated downtown hotel is the precise economic development stimulus that would assist residents like me hosting guests, as well as visitors to Southern California, easily experience Santa Ana's "buzzing' downtown scene, hidden gems like the Bower's Museum, and other nearby attractions like Main Place Shopping Mall. In the spirit of full disclosure, please be advised that Mr. Kevin Coleman is a good friend of mine, as we know each other very well through the Santa Ana Chamber of Commerce and other city-wide organizations. Additionally, my law firm, Rutan & Tucker LLP, does work for Mr. Coleman's company, Net Development. This letter of support, however, is based on Mr. Coleman's proven track record to design, build, lease - up, and maintain top-quality hotel projects and ancillary buildings. I have visited and stayed at such hotels. I have also worked with him personally, through Habitat for Humanity, with the construction of a single family home in Santa Ana, at the corner of Flower Street and Edinger Avenue. This project would be the beneficiary of Mr. Coleman's and Net Development's strong expertise in construction and admirable understanding in maintaining good community relations. In other words, this project will not only be a huge economic benefit to the city, through hotel (TOT), sales and property taxes, but also will be yet another shining star in the City's inventory of unique and community -oriented projects. I urge the Planning Commission to approve the project at its meeting this month. Thank you for your consideration. Sincerely, William H. (Bill) Ihrke Santa Ana Resident 75A-158 4TT MainPlace Mall CENTENNIAL COLLECTION December 5, 2017 Planning and Building Agency 20 Civic Center Plaza, Ross Annex (M-20) P.O. Box 1988 Santa Ana, CA 92702 Re: Hampton Inn Project located at 2129 Main Street Santa Ana Planning Commission: I am writing to express my support of the proposed Hampton Inn development project to be located at 2129 Main St. in Santa Ana. I have previously verbally expressed my support for this project to the Santa Ana City Council when this project was an agenda item with the council. If you have any questions, please feel free to reach me at 714-559-6525 or by email at iffiahcr@centennialree.com Jonathan Maher General Manager MainPlace Mall Centennial Real Estate Company HAMPTON INN HOTEL 2129 NORTH MAIN STREET PUBLIC COMMENTS RECEIVED EXHIBIT 14 2800 N. Main Street, Suite 775, Santa Ana, CA 92705 T 714.547.7800 F 714.547.2643 75A-159 From: Krish Love To: Kelaher. Selena Cc: Kevin Coleman Subject: FW: Main St.- Letter of support Date: Monday, December 11, 2017 3:21:01 PM Attachments: imaaeODI.Dna imaae001.Dno Per Kevin's request, please see the email below from Peter Keller/Bowers Museum in full support of the project. Thank you. Kristi Love Whitacre Executive Assistant to Kevin A. Coleman Net Development Co. 3130 Airway Ave. Costa Mesa, CA 92626 714-754-4454/714-754-0198 fax www.netdevco.com From: Peter Keller [mailto:PKeller@bowers.org] Sent: Monday, December 11, 2017 11:27 AM To: Kristi Love <klove@netdevco.com> Cc: Bill Ihrke (bihrke@rutan.com) <bihrke@rutan.com>; Kevin Coleman <kcole ma n @ netd evco.co m> Subject: Re: Main St: Letter of support Hi Kristi, I'm so sorry. I was out of the Country last week and never saw your request. Unfortunately, the Museum is closed on Mondays and I have no way to access the letter. We, of course. Fully support your project, but can't get the letter out on such short notice. Would our last letter help? Peter Sent from my iPhone On Dec 11, 2017, at 11:14 AM, Kristi Love <klove(cDnetdevco.com> wrote: Hello Dr. Keller, I just returned from vacation and I understand that we did not receive a response from you to my email below. As requested, the city wants us to gather another set of support letters. The Planning Commission meeting is tonight so anything you can supply would be hugely appreciated. 75A-160 Please forward to me and I will see that the correct person at the city receives it. Thank you. <in�l/01.pftg> Kristi Love Whitacre Executive Assistant to Kevin A. Coleman Net Development Co. 3130 Airway Ave. Costa Mesa, CA 92626 714-754-4454/714-754-0198 fax www.netdevco.com From: Kristi Love Sent: Monday, December 04, 2017 5:06 PM To: 'PJ Jahangiri<piahangiri(cDadvantaee-reo.com>' <piahangiri(Madvantage-reo.com>; 'Jonathan Maher'<jmaher(cDcentennialrec.com>;'Dave Elliott' <delliott(osantaanachamber.com>; Eugen Andres <ecandres(a andreslaw.com>;'Peter Keller PH.D' <pkeller0bowers.org>; Bill Ihrke (bihrke(@rutan.com) <bihrke(@rutan.com>;'Ryan Chase' <rchaseuscPamail.com> Cc: Kevin Coleman <kcoleman(@netdevco.com>;'Nancy Vasgei <nvasauezRaandreslaw.com>; Rob Leiter<rleiter(@Iee-associates.com>; Sophie Rosado <srosado(@netdevco.com> Subject: Main St: Letter of support Email from Kevin Coleman: To all, The city is asking us to once again collect letters of support for our Hampton Inn project to be located at 2129 Main St., these letters are needed as soon as possible and will be submitted for the Planning Commission Meeting scheduled for this coming Monday. December 1P. It would be greatly appreciated if you could send us the letters and we will provide them to the planner that is coordinating our project. Your support means a lot to me! Thank you, Kevin. Please contact me if you have any questions or concerns. 75A-161 <urUW()0/.pn#> Kristi Love Whitacre Executive Assistant to Kevin A. Coleman Net Development Co. 3130 Airway Ave. Costa Mesa, CA 92626 714-754-4454/714-754-0198 fax www.netdevco.com Peter Keller President 2002 North Main Street Santa Ana, CA 92706 T: 714.567.3601 F: 714.567.3604 PKeller(abowers.ore EMPRESS DOWAGER CIXI: SELECTIONS FROM THE SUMMER PALACE Now Openl KIDSEUM - TEAM LAB KIDS FUTURE PARK: ART + TECHNOLOGY ENDURANCE: THE ANTARCTIC LEGACY OF SIR ERNEST SHACKLETON AND FRANK HURLEY The information in this e-mail message may be privileged, confidential and protected from disclosure. If you are not the intended recipient, any dissemination, distribution or copying is strictly prohibited. If you think that you have received this e-mail in error, please e-mail the sender and delete all copies. 75A-162 ALST®N & BIRD 333 South Hope street, 16th Floor Los Angeles, CA 90071-1410 213-576-1000 Fax: 213-576-1100 wwwalsloli Edward J. Casey Direct Dial. 213376-1005 E-mail:-ed.casey®alstoncom December 11, 2017 Ira Entail Selena Kelaber City of Santa Anna Planning Division 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92701 Re: Proposed Hampton Hotel Project Dear Ms. Kelaher: Following up on our letter dated December 7, 2017, on behalf of the owner and operator of Hollybrook Senior Living of Orange ("Hollybrook") we have additional concerns about the parking variance and traffic related impacts that would be caused by the proposed Hampton Hotel Project ("Hotel Project"). Even though a copy of the Shared Parking Analysis was not in the Project file during our review on December 5, 2017, we have now reviewed the staff report and the parking analysis. In review of these documents we note following inconsistencies within the reports: The required number of parking spaces is different in each report. The staff reports states 166 parking spaces are required and the Shared Parking Analysis states the Hotel Project needs 194 parking spaces. The Urban Land Institute ("ULP') Shared Parking Analysis is generally used for large mixed-use or for shopping center projects proposed on several acres of land. What is the basis for using ULI methodology to analyze parking for small hotel and restaurant project? • The applicant proposes a 135 room hotel and to convert the onsite historic structures into a 2,627 square foot restaurant and the other into a 922 square foot restaurant that will not be operated by the hotel. Yet the Parking Analysis assumes a smaller hotel, 1,027 square feet, with the restaurant and bar areas within the hotel building. The staff report notes that the applicant proposes to offer parking for the hotel guest, restaurant patrons and to the public for a paid price. What is the result of the Shared Parking Analysis using the correct project description and including public parking as a land use? Alston & Bird LLP www Iston corn Atlanta I Beijing I Brussels I charlotte I Dallas I Los Angeles I New York I Research Triangle I San Francisco I Silicon Valley I Washington, D.r 75A-163 Selena Kelaher December 11, 2017 Page 2 • The number of employees projected in the Parking Analysis appears to be low based on three different businesses proposed to operate onsite. • The Parking Study analyzes the parking demand for the hotel, however there is no mention of the existing 93 public parking spaces that will be removed as a result of this Project. The staff reports provides information on 46 existing parking spaces in the area, some of which have time restrictions and therefore is not an adequate solution for replacing all 93 spaces. The removal of 93 parking spaces without a 1:1 replacement and granting a variance to allow reduced onsite parking for the Hotel Project is a significant issue for Hollybrook and the community and an Environmental Impact Report ("EIR") should be prepared. We therefore request that the City Planning Commission continue consideration of the Hotel project to allow staff the necessary time to prepare an EIR and to find an adequate parking solution that satisfies the entire community. EJC/ysr LEGAL02/37749748v1 Very truly yours, Edward J. Casey 75A-164 From: Kelaher, Selena To: Bernal. Sarah Subject: FW: Objections to Approval of 2129 N. Main Street Hampton Hotel Date: Wednesday, December 13, 2017 8:08:20 AM Hi Sarah - I am sending this now to be included for the Jan 22nd PC meeting. Thanks, Selena From: Michael@Better-Neighborhoods.com [mailto:michael@better-neighborhoods.com] Sent: Tuesday, December 12, 2017 8:27 PM To: Kelaher, Selena Subject: Re: Objections to Approval of 2129 N. Main Street Hampton Hotel Dear Ms. Kelaher, I have the following objections to the approval of the proposed Hampton Hotel at 2129 N. Main Street. 1. Zoning Change. I don't see how the city can make the findings required for a zone change for this property? It seems to me that if the proposed zone change is approved, the development will be so significantly different than that of the existing developments and the surrounding area as to make the change untenable for the community at large. 2. Alcohol Permit. The city should deny the conditional use permit for the sale of alcohol. There are already more than enough liquor licenses in the city I can't see how the community needs even more. 3. Variances. Variances should only be given to a developer if there are special circumstances. I cannot see how there can be any special circumstances for this property. For example, what substantial property right would be preserved by granting these variances? I think that granting a variance for this project would be detrimental to the public welfare because of the additional traffic, sale of liquor, and overall congestion. 4. Historical Site. The developer intends to relocate one historical building to another location and to turn it into a bar, and also wants to turn another historical building into a restaurant. The proposed mitigation measures to try to minimize the loss of the historical integrity of these historic buildings are completely insufficient. The Historical Resources Evaluation Report says about the proposed move of the nationally historic Melton House, "the move will cause the Melton House to lose several aspects of historic integrity that includes location, setting, feeling and 75A-165 association." Wow! I don't see how you can mitigate those losses if the Melton House, a national historic property, is moved from its historic location, to make room for a Hampton hotel. I do not think that by simply following the Secretary of the Interior's standards you are in any way preventing the Melton House from losing its historical character. 5. Shade and Shadow. The MND does not include any shade and shadow impacts. Why not? For a proposed building of this size, it seems that the developer should complete a shade and shadow analysis for the benefit of the community. For these reasons, I object to the approval of this project. Please make sure that the planning commission takes these objections into consideration, and includes any necessary additional analysis. Sincerely, Michael Goolsby 75A-166 PJ & Neda Jahangiri December 5, 2017 City of Santa Ana Planning Commission 20 Civic Center Plaza Santa Ana, CA 92702 RE: Hampton Inn Hotel — 2129 North Main Street, Santa Ana Dear Sir/madam, We are writing to confirm our support for the proposed Hampton Inn Hotel project as it has been presented. We have found Net Development to be very responsive to community inputs, questions and inclusive in their outreach. Specifically, we are impressed by their proposal to preserve the historical significance of the old MacFarlane Buildings as well as the design and construction of the hotel project. We believe this will set a new standard for the future projects on Main Street museum row. Thank you for including our support in your consideration and hope you will also agree that this project will be a positive addition both aestatically and economically to our community. SIiincerely; P i- da�7aNai5g(n 1421 N. Wanda Road, Suite 120, Orange, California 92867 714,288.8600w 714.423.2017c 75A-167 From: Bernal, Sarah T0: Beatriz Mendoza; Cynthia Contreras -Leo; Eric Alderete; Kenneth Nouven; Lvnnette Verino; Mark McLoughlin; Phi Bacerra Subject: FW: less Evans - resident at 2057 N. Bush St. Santa Ana, CA 92706 Date: Monday, January 22, 2018 2:10:00 PM Please see below comment for your review and consideration. Thank you. -----Original Message ----- From: RudeJess [mailto;jessrude7lr7agmail com] Sent: Monday, January 22, 2018 1:50 PM To: eComment; jessrude7l@gmail.com; Jess Evans; Kelaher, Selena Subject: Jess Evans - resident at 2057 N. Bush St. Santa Ana, CA 92706 This message is for the meeting Thursday, January 22nd preposed Hotel project: Thank you for your time. Vmjust gonna make a list of our concerns at the residence previously stated 1) Santa Ana is in the top five most densely populated cities in America with a population of 300,000 or more citizens. 2) Density and congestion do not mix with senior citizens. 3) If the project goes through we will have only one left hand turn into our neighborhood. This is rough cause it is seriously congested at that Main Street exchange. We will not be able to get comfortably into our neighborhood. 4) Our home is against the freeway. If you add more traffic to Main Street the level of pollution and dust will go up in our home and neighborhood. It already smells bad most of the day. Adding more traffic will make it worse. Noise, dust, fumes, break noise, homs etc. 5) We moved here from Buena Park to get much closer to work. As of right now it takes longer to go four miles than it originally took us to go 14 miles. This is due to how bad this little cross section of streets are. 6) Adding more traffic to Main and a hotel with a street light will make it a serious headache trying to get on the freeway and out to work. Even worse it will back up traffic past 17th street during bad hours. This traffic will add fumes and pollution in front and behind our home. 7) The amount of dust and fumes that impacts our home is already super bad. If you add more congestion to our little cramped area our home will be unbearable to live in. 8) This is a serious problem. My mother is a senior citizen who we begged to move here so we could look out for her. She is about to move back to New Mexico. She already can not have guests over and she is scared to death to drive through this local area due to the massive congestion. 9) The amount of stress this project is causing my family is unfair. With an area recognized nationally as super dense why didn't the city consider its already pre-existing citizens? We would have loved to worked with you. 10) Now. This project will min the value of our home. Removing two vintage homes that anchor the value of our home and building a hotel will crush the value of our home. 11) The city is suppose to protect our interests. In this situation your getting a good deal. Your getting your money. But it's at the expense of my families future. Financially, emotionally and environmentally. 12) I am requesting an EIR. Without an environmental report your in dereliction of the health of this community 75A-168 13) Show this community you care about it. Work with us. Get an Environmental Report before building in this highly impacted area. 14) Find a project that doesn't add excessive pollution and traffic to this area and also add to the beauty and financial security of our communities. "Santa Ana was named after the Grandmother of Marry. Saint Anne. What a wonderful tribute to our community if you worked with your children like a loving mother. You have a chance tonight. Thank you, Jess Evans for the Evans and Cage family Sent from my iPad 75A-169 From: Bernal, Sarah To: Beatriz Mendoza; Cynthia Contreras -Leo; Erfc Ald r t ; Kenneth Nguyen; Lynnette Verino; Mark McLoughlin: Phil Bacerra Subject: FW: Main Street, Hampton Inn Project Date: Monday, January 22, 2018 2:11:00 PM Please see below Comment for your review and consideration. From: Flores, Rosa Sent: Monday, January 22, 2018 1:29 PM To: Huizar, Maria Subject: FW: Main Street, Hampton Inn Project FYI. From: Fernando Rodriguez[mailto:Fernando _Office@Yahoo.com] Sent: Monday, January 22, 2018 7:44 AM To: City Council Subject: Main Street, Hampton Inn Project City Mainnta St reet�inHamommiotonioneting Inn Project January 22, 2018 City Hall Council Chambers 22 Civic Center Plaza, Santa Ana CA 92701 <citycouncil(a)Santa-ana.ory> Dear City Council, My name is Fernando Rodriguez, and I own property located at, 2021 N Main Street, Santa Ana, CA 92706. I am writing to you today to voice my support for the Hotel development project at the City owned parking lot on Main Street and I-5 Freeway. The parking lot, which is supposed to be a positive aspect of a limited parking area, is actually inadvertently causing a substantial negative impact for the surrounding community. This is due to the high level of homeless individuals, prostitutes, and drug dealers that have made this parking lot their home base, and consistently cause social nuisances. I know that if the hotel project is approved, it will not only make our museum district pleasant again, but also provide many other great impacts on the city and citizens. Such as, create much-needed jobs and provide the city with additional funds through, room taxes. Therefore, I kindly ask the Planning Commission to please approve this project. Respectfully, Fernando Rodriguez 75A-170 Femando Rodrieuez Administrator Law Offices Of. Michael F. Smith Where ex ern fence joins forces with exceptional service Cell: (714) 713-7777 Office: (714) 560-0101 Fax• (714)409-33333 Femando_Offi ce@yahoo.com LeealOffi ceSeryice. Com Thank you and have a=at day! APlease consider the environment before printing this email 75A-171 PJ & Neda Jahangiri December 19, 2017 City of Santa Ana Planning Commission 20 Civic Center Plaza Santa Ana, CA 92702 RE: Hampton Inn Hotel — 2129 North Main Street, Santa Ana Dear Planning Commissioners, We are writing to express our strongest support for the Hotel development project at the City owned parking lot on Main Street. We believe the development of a 4 star hotel at the approach to Main Street "Museum District" will highlight and revitalize the already established cultural landmarks like the Bowers Museum as well as usher in much needed economic growth benefiting both local businesses and residents. There has been a small, albeit vocal opposition to losing the parking lot and not necessarily the construction of the hotel. The chief concerns are the loss of free and unrestricted parking for a few nearby commercial property and apartment owners. Their compliant amounts to asking the City to subsidize free parking spaces for a few businesses that violate the off- street parking requirements. While it is important to hear the local community speak out and understand their concerns, however it also distorts the bigger and more important dilemma facing the City. The unsupervised use of the parking lot has come at a cost and if unchecked it will only get worse. The problems include many incidents of public nuisances such as crime, prostitution, homelessness and gang activities. These activities have manifested their way toward nearby properties which have suffered the brunt of both emotional and financial costs. As the representatives of the entire beautiful City of Santa Ana, you have the great responsibility and obligation to all of her citizens and not just a few select individuals seeking continuous free parking. If approved, we believe the Hotel project will eliminate these concerns, free up budget for the parking lot oversight and bring much needed bed tax revenues to our financially strapped coffers. Thank you in advance for understanding our concerns and look forward in meeting all of you at next Monday's scheduled meeting. Neda Jahangiri 1421 N. Wanda Road, Suite 120, Orange, California 92867 714.288.8600w 714.423.2017c 75A-172 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING MITIGATED NEGATIVE DECLARATION ENVIRONMENTAL REVIEW NO. 2017-96, AND APPROVING AMENDMENT APPLICATION NO. 2017- 02 REZONING THE PROPERTY LOCATED AT 2056 AND 2058 NORTH BUSH STREET FROM PROFESSIONAL (P) TO COMMUNITY COMMERCIAL -MUSEUM DISTRICT (C1 - MD) 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. Net Development Company, hereinafter referred as "Applicant," has filed Amendment Application No. 2017-02 with the City of Santa Ana to change the zoning designation of approximately 0.5 -acre properties located at 2056 and 2058 North Bush Street from Professional (P) to Community Commercial -Museum District (C1 -MD). B. The zoning designation of Community Commercial -Museum District (C1 - MD) is consistent with the General Plan land use designation of District Center (DC). District Centers are designed to serve as anchors to the City's commercial corridors and to accommodate major development activity. C. The new zoning designation (C1 -MD) for the entire development site at 2056 and 2058 North Main Street is consistent with the proposed development project and the properties currently zoned C1 -MD in the immediate vicinity of the project site. D. On December 11, 2017, the Planning Commission held a duly noticed public hearing and voted to continue the item to the January 22, 2018 Planning Commission meeting and asked for more information on the impacts of displaced parking, the southbound Main Street left turn movement into the property, and review of the security measures. E. On January 22, 2018, the Planning Commission discussed the project and made a motion which resulted in a 3:3 vote. In the case of an impasse, pursuant to the Planning Commission Bylaws, the Applicant was offered the option of either continuing the item to a later date for further consideration by the Commission or denial without prejudice to allow the EXHIBIT 1 Ordinance No. NS-XXXX Page 1 of 4 75A-173 Applicant to appeal the decision to the City Council. The Applicant requested that the item be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. F. The City Council, prior to taking action on this ordinance, held a duly noticed public hearing on February 20, 2018. G. 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. H. The City Council hereby adopts as findings all facts presented in the Request for Council Action dated February 20, 2018 accompanying this matter. I. For these reasons, Amendment Application No. 2017-02 is hereby found and determined to be consistent with the intent and purpose of Chapter 41 of the Santa Ana Municipal Code, thus changing the zoning district is found to be consistent with the General Plan of the City of Santa Ana and otherwise justified by the public necessity, convenience, and general welfare... Section 2. The City Council has reviewed and considered the information contained in the initial study and the mitigated negative declaration (MND)/Environmental Review No. 2017-96, 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 MND adequately addresses the expected environmental impacts of this project. On the basis of this review, the City Council finds that with the implementation of the Mitigation Monitoring and Reporting Program 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 MND 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. Ordinance No. NS-XXXX Page 2 of 4 75A-174 Section 3. The real property located at 2056 and 2058 North Bush Street in Santa Ana is hereby reclassified from Professional (P) to Community Commercial - Museum District (C1 -MD). Amended Sectional District Map number 6-5-9, showing the above described changes in use district designation, is hereby approved and attached hereto as Exhibit A and incorporated by this reference as though fully -set forth herein. Section 4. 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 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. ADOPTED this day of , 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney Byb f t� Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Ordinance No. NS-XXXX Page 3 of 4 75A-175 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 2018 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 Ordinance No. NS-XXXX Page 4 of 4 75A-176 NT Il tg� JA A a� r P1 JA [YnlWOORn Eii 1 k i auw. g K y 3 H1 51 v PI i.fll. IPI Ign- pi j IRIi f{[7p EMs flxE . Ri' MAP .R1 4LLLRAp W �K _ 6u1M CYRe 4V Rl RI." R_3 WrV E {R1 0 e£ IRI L YFF40W t Rx Y.iuOeV n I�yS 1 ��L LON/V 1 !Y!Y LPI R-1 RT; k xmsT' _ Ple AMJ,ip {71i---� AMfT .. isPO{i SP> SP3 �l—_� 0—,1+2�. C'� I 3 ZONING DISTRICTS Im cs Rf3 e5i win o..r. shun .1 W F I q1E � 69ovV4'RCT �� OS � � r AYxe OR flldl§ F*LSj f J 4R..1. $ OEELXNOW ,t J 4 -` n 6Nft � i j Opt 7 RI rveLON y yy� � �, !PI RU r f S3 a ivr- k 1 I Rf I I mlll Al GENERAL AGRICULTURAL CSM SOUNIMAINSTREETCOMMERCIALOST. R2 TWO-FAMLYRESIDENCE -S PARKING MODIFICATION C1 COMMUNRYCOMMERCWL GC GOVERNMENTCENTER R3 MULTIPLEFAMLYRESIDENCE -02 OVERLAYMNE CUD COMMUNITY COMMYFRCAL-MUSEUM DST. MI LIGHTNDUSTRIAL R4 SUBURSANAPARTMENT PRD PLANNED RESIDENTIAL C2 GENERAL COMMERCIAL M2 HEAWNDUSTRIAL RE RESIDENTIAL ESTATE DEVELOPMENT C4 PLANNEDSHOPPNGCENTER 0 OPENSPACE SD SPECFICDEVELOPMENT -HD2 HEIGHTDSTRICT9 CS ARTERIAL COMMERCWL P PROFESSIONAL SP SPECIFICPLAN CR COMMERCIAL RESIOENRAL RI SINGLE-FAMILY RESIDENCE SECTIONAL DISTRICT MAP: 6-5-9 �s"�4 CITY OF SANTA ANA, CALIFORNIA `��' Exhibit: A 75A-177 75A-178 RESOLUTION NO. 2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-07 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A SIX -STORY 73,322 -SQUARE -FOOT HOTEL AND RESTAURANT WITH DEVIATIONS TO PARKING, FRONT SETBACK, WALL HEIGHT AND SIGNAGE FOR THE PROPERTIES LOCATED AT 2115, 2123 AND 2129 NORTH MAIN 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. Net Development Company, hereinafter referred to as "Applicant," is requesting approval of Variance No. 2017-07 as conditioned, to allow the construction of a six -story 73,322 square foot 135 -room hotel and restaurant on 1.9 acres at 2115, 2123 and 2129 North Main Street. B. Pursuant to Santa An Municipal Code (SAMC) Section 41-638, the Planning Commission is authorized to review and approve the following variances for this project to: a) reduce the number of required off-street parking spaces, b) reduce the front setback, c) increase wall heights, and d) increase the number of major building identification signs as set forth by the Santa Ana Municipal Code. C. Variance No. 2017-07 came before the Planning Commission of the City of Santa Ana on December 11, 2017, for a duly noticed public hearing. At the December 11, 2017 Planning Commission meeting the Commission continued the item to the January 22, 2018 Planning Commission meeting and asked for more information on the impacts of displaced parking, the southbound Main Street left turn movement into the property, and review of the security measures. D. On January 22, 2018, the Planning Commission discussed the project and made a motion which resulted in a 3:3 vote. In the case of an impasse, pursuant to the Planning Commission Bylaws, the Applicant was offered the option of either continuing the item to a later date for further consideration by the Commission or denial without prejudice to allow the Applicant to appeal the decision to the City Council. The Applicant requested that the item be denied by the Planning Commission to allow them to move forward to the City Council fora final decision. EXHIBIT -3 Resolution No. 2018-xx Page 1 of 8 75A-179 E. The City Council of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Variance No. 2017-07, have been established as required by SAMC Section 41-638: 1. That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its location and surroundings. The project is bound by the Santa Ana (1-5) Freeway on the north. The site is an irregular shaped lot which limits functional site configurations for a hotel, restaurant and off-street parking. a) The shared parking study (dated 1.16.18) prepared by RK Engineering Group, Inc., has concluded that the proposed number of parking spaces on-site will be sufficient to meet the peak parking demands of the hotel and restaurant. As a result, the parking variance will allow the Applicant the ability to use the property in a manner that is consistent with the surrounding commercial uses. b) The variance from the front yard setback requirement is due to the existing location of the MacFarlane House, an existing historic structure proposed for use as a restaurant. In an effort to provide an undulating streetscape, the front setback will be reduced to seven (7) feet. c) Walls in front yards are limited to four (4) feet in height. The increase in wall height to seven feet six inches (T 6") is due to the strict application of California Building Code requirements for pool safety and to provide privacy to pool patrons. The wall height for the restaurant deck will match the pool wall to keep a uniform look along the streetscape. In addition, the surrounding properties also do not meet the 15 foot front setback requirement, thereby making this project consistent with its surrounding development pattern. d) The building elevations are visible from all four directions and from the highly traveled Santa Ana (1-5) Freeway. Due to the high visibility of the hotel, signage is requested for all four building elevations to allow for long-distance Resolution No. 2018-xx Page 2 of 8 75A-180 identification and to attract motorists that may be traveling through Orange County. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. a) The granting of the parking variance will preserve the property owner's ability to develop the lot with a conditionally permitted use that will assist in revitalizing the area. Strict application of the off-street parking standards would result in significant changes to the site plan and increased construction costs which would render the project infeasible. b) The reduced front setback allows the property owner to use the historic structure in its current location. Requiring the property owner to relocate a historic structure to the required front setback could impact the character of the historic structure and would be a financial burden. c) The increased wall height will allow the hotel to offer on- site amenities to visitors such a pool and outdoor dining area. Due to site size and configuration constraints there are limited siting planning options available to provide these outdoor amenities. d) The increased major identification signs will allow the property owner the right to promote hospitality commerce and improve community identity by providing additional identification for a well-known hotel brand. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. a) As demonstrated in the shared parking study for the project, the site will have sufficient parking to accommodate the current and future needs of the various uses proposed on the site. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial and residential neighborhoods. Further, the parking lot will have controlled access gates which will allow for paid parking for hotel guests, restaurant patrons and the public. Resolution No. 2018-xx Page 3 of 8 75A-181 b) Allowing the variance for a reduced front setback will provide the property owner with the same benefits as the surrounding property owners. c) The increased wall height for the pool is required to meet California Building Code requirements. Further, the front wall height will be similar to the wall heights of the surrounding commercial properties along Main Street. d) There will be no more than one major identification sign on each building elevation, therefore the increased signage will not be detrimental to the public. Finally, conditions have been placed to ensure that the site be in compliance with all other development standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the city. The Hampton Inn by Hilton hotel will support several goals and policies of the General Plan, including Goals 2 and 3 of the Economic Development Element to maintain and enhance the diversity of the City's economic base and increase Santa Ana's share of the regional economy. The hotel will increase Santa Ana's contribution to the hospitality and tourism sector of the regional economy and will be subject to the City's Hotel Visitors' Tax, generating revenue for the City. The project also supports Goals 1, 2 and 4 of the Land Use Element to encourage uses that promote a balance of land uses that address basic community needs, promote land uses which enhance the City's economic and fiscal viability, and to protect and enhance development sites and districts which are unique community assets that enhance the quality of life. The site is located off an arterial street and is .easily accessible from the 1-5 Freeway making it a prominent building within Santa Ana. The development will rehabilitate a property that is underutilized and will increase capital investment. Two historic structures, the MacFarlane and Melton Houses, will be retained and reused as a restaurant. In addition, the hotel is in character with the Museum District, an office and cultural center that promotes visitors from outside of Santa Ana. Conditions of approval will also ensure that the project remains compatible with surrounding land uses. Section 2. Mitigated Negative Declaration (Environmental Review No. 2017- 96) and a Mitigation Monitoring and Reporting Program was prepared with respect to this project. The City Council has, as a result of its consideration of the record as a Resolution No. 2018-xx Page 4 of 8 75A-182 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. 2017-96 meets all the requirements of CEQA. 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 City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2017-07 as conditioned in "Exhibit A° attached hereto and incorporated 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. February 20, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this day of , 2018. .Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: A4 Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers Resolution No. 2018-xx Page 5 of 8 75A-183 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-184 Resolution No. 2018-xx Page 6 of 8 EXHIBIT A Conditions for Approval for Variance No. 2017-07 Variance No. 2017-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belownp 'or to exercising the rights conferred by this variance. result in the revocation of the variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 0.7) and the staff report exhibits. 2. Variance No. 2017-07 shall not be effective until the Historic Resources Commission reviews the exterior modifications to the historic structures and relocation of the historic structure at a public hearing and issues a certificate of appropriateness. If said approvals are held to be invalid or "unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. 3. The Applicant shall comply with the Mitigation Measures within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 5. Prior to the issuance of a building permit a lot merger shall be recorded. 6. Prior to the issuance of a building permit a Public Art Plan must be submitted to the Planning Division for review and approval. 7. Prior to the issuance of a building permit, a landscape plan including shrubs that are planted along the perimeter wall facing Bush Street and irrigation is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 8. Prior to the issuance of a certificate of occupancy the Applicant shall provide a Parking Management Plan. Included in this plan shall be a commitment on behalf of the hotel operator to provide parking at a paid rate to hotel, restaurant and public patrons. Resolution No. 2018-xx Page 7 of 8 75A-185 Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: Record an easement for a public vehicular turn -around area at the end of the public alley. The tum -around area will be maintained by the Developer. 2. Provide a letter of acknowledgement and approval from adjacent property owner for the removal of the northerly driveway at 2101 North Main Street. 3. Depict and note on utility plan the relocation of the water meter and vault that is being proposed within the new 20 -feet wide public utility easement. 'Place it within a new pop -out utility easement area of adequate size, adjacent to the proposed 20 - feet utility easement, preferably in an elevated and, protected area. 4. Depict and note on utility plan 10 -feet long water pipe encasement for a portion of the new 12 -inch public water main that will be underneath the new brick wall that surrounds the cul-de-sac (5 -feet on each side of the new brick wall), per City Standard No. 1429. 5. Depict and note on utility plan the construction of a new 8 -inch City public sewer main, to connect the new City manhole (at 404 -feet south of centerline of Buffalo Avenue) to the existing Orange County Sanitation Districts (OCSD) manhole, located at approximately 409 -feet south of Centerline of Buffalo Avenue, per OCSD Standards. 6. Record an agreement with the City for access through the site from the northern terminus of the alley to Main Street for emergencies, trash and utility trucks, and City maintenance vehicles. 7. Provide restriping, curb marking and signage to allow parallel street parking adjacent to the south curb of Buffalo Avenue between Broadway and Main Street. Resolution No.2018-xx Page 7 of 8 75A-186 RESOLUTION NO. 2018 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING CONDITIONAL USE PERMIT NO. 2017-29 AS CONDITIONED TO ALLOW DEVELOPMENT OF A HAMPTON INN HOTEL LOCATED AT 2129 NORTH MAIN 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. Net Development Company, hereinafter referred to as "Applicant," is requesting approval of Conditional Use Permit No. 2017-29 as conditioned, to allow the construction of a six -story 73,322 square foot 135 -room hotel and restaurant on 1.9 acres at 2129 North Main Street. B. Santa Ana Municipal Code Section 41-375.2 requires approval of a conditional use permit for a hotel within the Community Commercial - Museum District (C1 -MD) zoning district. C. On December 11, 2017, the Planning Commission held a duly noticed public hearing for Conditional Use Permit No. 2017-29. At the December 11, 2017 Planning Commission meeting the Commission continued the item to the January 22, 2018 Planning Commission meeting and asked for more information on the impacts of displaced parking, the southbound Main Street left turn movement into the property and review of the security measures. D. On January 22, 2018, the Planning Commission discussed the project and made a motion which resulted in a 3:3 vote. In the case of an impasse, pursuant to the Planning Commission Bylaws, the Applicant was offered the option of either continuing the item to a later date for further consideration by the Commission or denial without prejudice to allow the Applicant to appeal the decision to the City Council. The Applicant requested that the item be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. E. The City Council of the City of Santa Ana has considered the information and determines that the following findings, which must be established in order to grant this Conditional Use Permit pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, have been established to allow the hotel use: EXHIBIT 2 Resolution No. 2018-xx Page 1 of 7 75A-187 That the proposed use will provide a service or facility which will contribute to the general well being of the neighborhood or community. The proposed Hampton Inn hotel will provide a service to the community by providing an upper-midscale lodging option in the northern section of the City. The hotel will support the Museum District and the commercial uses in the area by providing lodging opportunities to those visiting and working in the area. In addition, the hotel will provide employment opportunities to residents that live in the City. The site plan was designed to minimize impacts to the surrounding neighborhood by placing the commercial buildings along Main Street away from the professional and residential uses, allowing for paid parking and eliminating the driveway on Bush Street (emergency vehicles only) to reduce the amount of traffic that currently uses Bush Street and the parking lot to cut -through to Main Street. 2. That the proposed use will not, under the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity. The proposed Hampton Inn hotel will not be detrimental to persons residing or working in the area. Conditions of approval and a Mitigation Monitoring and Reporting Program have been incorporated to minimize potential adverse impacts from the hotel project. The project will comply with the California Building Code, and Orange County Public Health Agency regulations. In addition, mitigation measures include submittal of a soils management plan, asbestos survey and abatement, lead survey and abatement, compliance with noise regulations, and street improvements. That the proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area. The proposed use will not adversely affect the present economic stability or future economic development of property in the surrounding area. The parking lot is under-utilized, with development of the site bringing visitors to the City that may shop and dine at local businesses and therefore, contribute to economic development of the area. The hotel will be subject to the City's Hotel Visitors' Tax ordinance contributing to City revenues and will reduce the operating expenses the City used to maintain the public parking lot. The project will provide Resolution No. 2018-xx Page 2 of 7 75A-188 lodging opportunities for visitors to City attractions such as the Bowers Museum, Kidseum, the Discovery Cube Orange County, to those visiting nearby hospitals in Orange including the Children's Hospital Orange County (CHOC) and St. Joseph Health and for residents and businesses in the City, thereby reinforcing the image of Santa Ana within Orange County. 4. That the proposed use will comply with the regulations and conditions specified in this chapter for such use. The proposed project will comply with the regulations and conditions of Chapter 41 of the Santa Ana Municipal Code with the exception of the proposed variances. The project is also in compliance with the City's Hotel and Motel Standards with the exception of building landscaping, widths of pedestrian walkways and the size of the conference room. 5. That the proposed use will not adversely affect the general plan of the city or any specific plan applicable to the area of the proposed use. The Hampton Inn by Hilton hotel will support several goals and policies of the General Plan, including Goals 2 and 3 of the Economic Development Element to maintain and enhance the diversity of the City's economic base and increase Santa Ana's share of the regional economy. The hotel will increase Santa Ana's contribution to the hospitality and tourism sector of the regional economy and will be subject to the City's Hotel Visitors' Tax, generating revenue for the City. The project also supports, Goals 1, 2 and 4 of the Land Use Element to encourage uses that promote a balance of land uses that address basic community needs, promote land uses which enhance the City's economic and fiscal viability and to protect and enhance development sites and districts which are unique community assets that enhance the quality of life. The site is located off an arterial street and is easily accessible from the 1-5 Freeway making it a prominent building within Santa Ana. The development will rehabilitate a property that is underutilized and will increase capital investment. Two historic structures, the MacFarlane and Melton Houses, will be retained and reused as a restaurant. In addition, the hotel is in character with the Museum District, an office and cultural center that promotes visitors from outside of Santa Ana. Conditions of approval will also ensure that the project remains compatible with surrounding land uses. Resolution No. 2018-xx Page 3 of 7 75A-189 F. Mitigated Negative Declaration (Environmental Review No. 2017-96) and a Mitigation Monitoring and Reporting Program was 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. 2017-96 meets all the requirements of CEQA. 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 except to the extent caused by the sole negligence of the City of Santa Ana. Section 3. The City Council of the City of Santa Ana after conducting the public hearing hereby approves Conditional Use Permit No. 2017-29 as conditioned in Exhibit A, attached hereto and incorporated herein, for the project located at 2129 North Main Street. 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 February 20, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of 2018. 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 75A-190 Resolution No. 2018-xx Page 4 of 7 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-191 Resolution No. 2018-xx Page 5 of 7 EXHIBIT A Conditions for Approval for Conditional Use Permit No 2017-29 Conditional Use Permit No. 2017-29 for a hotel located at 2129 North Main Street 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 below prior to exercising the rights conferred by this site plan review and conditional use permit. condition may result in the revocation of the conditional use permit All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 07) and the staff report exhibits. 2. Conditional Use Permit No. 2017-29 shall not be effective until the Historic Resources Commission reviews the exterior modifications to the historic structures and relocation of the historic structure at a public hearing and issues a certificate of appropriateness. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied then this Conditional Use Permit shall be null and void and have no further force and effect. 3. The Applicant shall comply with the Mitigation Measures within the Mitigation Monitoring and Reporting Program prepared for the project. 4. 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. 5. Prior to the issuance of a building permit a lot merger shall be recorded. 6. Prior to the issuance of a building permit a Public Art Plan must be submitted to the Planning Division for review and approval. Prior to the issuance of a building permit, a landscape plan including shrubs that are planted along the perimeter wall facing Bush Street and irrigation is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 8. Prior to the issuance of a certificate of occupancy the Applicant shall provide a Parking Management Plan. Included in this plan shall be a commitment on behalf of the hotel operator to provide parking at a paid rate to hotel, restaurant and public patrons. Resolution No. 2018-xx Page 6 of 7 75A-192 Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article II, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on your submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. Record an easement for a public vehicular tum -around area at the end of the public alley. The turn -around area will be maintained by the Developer. 2. Provide a letter of acknowledgement and approval from adjacent property owner for the removal of the northerly driveway at 2101 North Main Street. 3. Depict and note on utility plan the relocation of the water meter and vault that is being proposed within the new 20 -feet wide public utility easement. Place it within a new pop -out utility easement area of adequate size, adjacent to the proposed 20 - feet utility easement, preferably in an elevated and protected area. 4. Depict and note on utility plan 10 -feet long water pipe encasement for a portion of the new 12 -inch public water main ,that will be underneath the new brick wall that surrounds the cul-de-sac (5 -feet on each side of the new brick wall), per City Standard No. 1429. 5. Depict and note on utility plan the construction of a new 8 -inch City public sewer main, to connect the new City manhole (at 404 -feet south of centerline of Buffalo Avenue) to the existing Orange County Sanitation Districts (OCSD) manhole, located at approximately 409 -feet south of Centerline of Buffalo Avenue, per OCSD Standards. 6. Record an agreement with the City for access through the site from the northern terminus of the alley to Main Street for emergencies, trash and utility trucks, and City maintenance vehicles. 7. Provide restriping, curb marking and signage to allow parallel street parking adjacent to the south curb of Buffalo Avenue between Broadway and Main Street. Resolution No. 2018-xx Page 7 of 7 75A-193 75A-194 RESOLUTION NO.2018-xx A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA APPROVING VARIANCE NO. 2017-07 AS CONDITIONED TO ALLOW THE CONSTRUCTION OF A SIX -STORY 73,322 -SQUARE -FOOT HOTEL AND RESTAURANT WITH DEVIATIONS TO PARKING, FRONT SETBACK, WALL HEIGHT AND SIGNAGE FOR THE PROPERTIES LOCATED AT 2115, 2123 AND 2129 NORTH MAIN 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. Net Development Company, hereinafter referred to as "Applicant," is requesting approval of Variance No. 2017-07 as conditioned, to allow the construction of a six -story 73,322 square foot 135 -room hotel and restaurant on 1.9 acres at 2115, 2123 and 2129 North Main Street. B. Pursuant to Santa Ana Municipal Code (SAMC) Section 41-638, the Planning Commission is authorized to review and approve the following variances for this project to: a) reduce the number of required off-street parking spaces, b) reduce the front setback, c) increase wall heights, and d) increase the number of major building identification signs as set forth by the Santa Ana Municipal Code. C. Variance No. 2017-07 came before the Planning Commission of the City of Santa Ana on December 11, 2017, for a duly noticed public hearing. At the December 11, 2017 Planning Commission meeting the Commission continued the item to the January 22, 2018 Planning Commission meeting and asked for more information on the impacts of displaced parking, the southbound Main Street left turn movement into the property, and review of the security measures. D. On January 22, 2018, the Planning Commission discussed the project and made a motion which resulted in a 3:3' vote. In the case of an impasse, pursuant to the Planning Commission Bylaws, the Applicant was offered the option of either continuing the item to a later date for further consideration by the Commission or denial without prejudice to allow the Applicant to appeal the decision to the City Council. The Applicant requested that the item be denied by the Planning Commission to allow them to move forward to the City Council for a final decision. EXHIBIT 3 Resolution No. 2018-xx Page 1 of 8 75A-195 E. The City Council of the City of Santa Ana has considered the information and determines that following findings, which must be established in order to grant Variance No. 2017-07, have been established as required by SAMC Section 41-638: That because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges not otherwise at variance with the intent and purpose of the provisions of this Chapter. The project site has a special circumstance related to its location and surroundings. The project is bound by the Santa Ana (1-5) Freeway on the north. The site is an irregular shaped lot which limits functional site configurations for a hotel, restaurant and off-street parking. a) The shared parking study (dated 1.16.18) prepared by RK Engineering Group, Inc., has concluded that the proposed number of parking spaces on-site will be sufficient to meet the peak parking demands of the hotel and restaurant. As a result, the parking variance will allow the Applicant the ability to use the property in a manner that is consistent with the surrounding commercial uses. b) The variance from the front yard setback requirement is due to the existing location of the MacFarlane House, an existing historic structure proposed for use as a restaurant. In an effort to provide an undulating streetscape, the front setback will be reduced to seven (7) feet. c) Walls in front yards are limited to four (4) feet in height. The increase in wall height to seven feet six inches (T 6") is due to the strict application of California Building Code requirements for pool safety and to provide privacy to pool patrons. The wall height for the restaurant deck will match the pool wall to keep a uniform look along the streetscape. In addition, the surrounding properties also do not meet the 15 foot front setback requirement, thereby making this project consistent with its surrounding development pattern. d) The building elevations are visible from all four directions and from the highly traveled Santa Ana (1-5) Freeway. Due to the high visibility of the hotel, signage is requested for all four building elevations to allow for long-distance Resolution No. 2018-xx Page 2 of 8 75A-196 identification and to attract motorists that may be traveling through Orange County. 2. That the granting of a variance is necessary for the preservation and enjoyment of one (1) or more substantial property rights. The granting of this variance is necessary for the preservation and enjoyment of substantial property rights. a) The granting of the parking variance will preserve the property owners ability to develop the lot with a conditionally permitted use that will assist in revitalizing the area. Strict application of the off-street parking standards would result in significant changes to the site plan and increased construction costs which would render the project infeasible. b) The reduced front setback allows the property owner to use the historic structure in its current location. Requiring the property owner to relocate a historic structure to the required front setback could impact the character of the historic structure and would be a financial burden. c) The increased wall height will allow the hotel to offer on- site amenities to visitors such a pool and outdoor dining area. Due to site size and configuration constraints there are limited siting planning options available to provide these outdoor amenities. d) The increased major identification signs will allow the property owner the right to promote hospitality commerce and improve community identity by providing additional identification for a well-known hotel brand. 3. That the granting of a variance will not be materially detrimental to the public welfare or injurious to surrounding property. The granting of the variance will not be detrimental to the public or surrounding properties. a) As demonstrated in the shared parking study for the project, the site will have sufficient parking to accommodate the current and future needs of the various uses proposed on the site. Therefore, the reduction in parking will not be detrimental to the surrounding community as it will not result in parking impacts affecting adjacent commercial and residential neighborhoods. Further, the parking lot will have controlled access gates which will allow for paid parking for hotel guests, restaurant patrons and the public. Resolution No. 2018-xx Page 3 of 8 75A-197 b) Allowing the variance for a reduced front setback will provide the property owner with the same benefits as the surrounding property owners. c) The increased wall height for the pool is required to meet California Building Code requirements. Further, the front wall height will be similar to the wall heights of the surrounding commercial properties along Main Street. d) There will be no more than one major identification sign on each building elevation, therefore the increased signage will not be detrimental to the public. Finally, conditions have been placed to ensure that the site be in compliance with all other development standards applicable to the property. 4. That the granting of a variance will not adversely affect the General Plan of the city. The Hampton Inn by Hilton hotel will support several goals and policies of the General Plan, including Goals 2 and 3 of the Economic Development Element to maintain and enhance the diversity of the City's economic base and increase Santa Ana's share of the regional economy. The hotel will increase Santa Ana's contribution to the hospitality and tourism sector of the regional economy and will be subject to the City's Hotel Visitors' Tax, generating revenue for the City. The project also supports Goals 1, 2 and 4 of the Land Use Element to encourage uses that promote a balance of land uses that address basic community needs, promote land uses which enhance the City's economic and fiscal viability, and to protect and enhance development sites and districts which are unique community assets that enhance the quality of life. The site is located off an arterial street and is easily accessible from the 1-5 Freeway making it a prominent building within Santa Ana. The development will rehabilitate a property that is underutilized and will increase capital investment. Two historic structures, the MacFarlane and Melton Houses, will be retained and reused as a restaurant. In addition, the hotel is in character with the Museum District, an office and cultural center that promotes visitors from outside of Santa Ana. Conditions of approval will also ensure that the project remains compatible with surrounding land uses. Section 2. Mitigated Negative Declaration (Environmental Review No. 2017- 96) and a Mitigation Monitoring and Reporting Program was prepared with respect to this project. The City Council has, as a result of its consideration of the record as a Resolution No. 2018-xx Page 4 of 8 75A-198 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. 2017-96 meets all the requirements of CEQA. 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 City Council of the City of Santa Ana, after conducting the public hearing, hereby approves Variance No. 2017-07 as conditioned in "Exhibit A" attached hereto and incorporated 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 February 20, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this _ day of , 2018. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: 6//"t Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers 75A-199 Resolution No. 2018-xx Page 5 of 8 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Resolution No. 2018 -XXX to be the original resolution adopted by the City Council of the City of Santa Ana on Date: Clerk of the Council City of Santa Ana 75A-200 Resolution No. 2018-xx Page 6 of 8 EXHIBIT A Conditions for Approval for Variance No. 2017-07 Variance No. 2017-07 is approved subject to compliance, to the reasonable satisfaction of the Planning Manager, with applicable sections of the Santa Ana Municipal Code, the California Administrative Code, the California Building Standards Code, and all other applicable regulations. In addition, they shall meet the following conditions of approval: The Applicant must comply with each and every condition listed belownp for to exercising the rights conferred by this variance. I. The Applicant must remain in compliance with all conditions listed below throughout the life of the variance Failure to comply with each and every condition may result in the revocation of the variance. 1. All proposed site improvements must conform to the Site Plan Review (DP No. 2017- 07) and the staff report exhibits. 2. Variance No. 2017-07 shall not be effective until the Historic Resources Commission reviews the exterior modifications to the historic structures and relocation of the historic structure at a public hearing and issues a certificate of appropriateness. If said approvals are held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, or otherwise denied, then this variance shall be null and void and have no further force and effect. 3. The Applicant shall comply with the Mitigation Measures within the Mitigation Monitoring and Reporting Program prepared for the project. 4. Any amendment to this variance must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or the variance must be amended. 5. Prior to the issuance of a building permit a lot merger shall be recorded. 6. Prior to the issuance of a building permit a Public Art Plan must be submitted to the Planning Division for review and approval. Prior to the issuance of a building permit, a landscape plan including shrubs that are planted along the perimeter wall facing Bush Street and irrigation is to be submitted for review and approval. The landscape plan shall conform to the commercial landscape standards, Citywide Design Guidelines and the City's Water Efficient Landscape Ordinance. 8. Prior to the issuance of a certificate of occupancy the Applicant shall provide a Parking Management Plan. Included in this plan shall be a commitment on behalf of the hotel operator to provide parking at a paid rate to hotel, restaurant and public patrons. Resolution No. 2018-xx Page 7 of 8 75A-201 II. The followinq are requirements that will need to be addressed and/or approved by the Police Department prior to issuance of a building permit Submitted plans must indicate that all structures and parking lots comply with the provisions of Chapter 8, Article ll, Division 3 of the Santa Ana Municipal Code (Building Security Ordinance). All applicable sections must be printed verbatim on the submitted set of plans. III. The following are requirements that will need to be addressed and/or approved by the Public Works Agency prior to issuance of a building permit: 1. Record an easement for a public vehicular turn -around area at the end of the public alley. The tum -around area will be maintained by the Developer. 2. Provide a letter of acknowledgement and approval from adjacent property owner for the removal of the northerly driveway at 2101 North Main Street. 3. Depict and note on utility plan the relocation of the water meter and vault that is being proposed within the new 20 -feet wide public utility easement. Place it within a new pop -out utility easement area of adequate size, adjacent to the proposed 20 - feet utility easement, preferably in an elevated and protected area. 4. Depict and note on utility plan 10 -feet long water pipe encasement for a portion of the new 12 -inch public water main that will be underneath the new brick wall that surrounds the cul-de-sac (5 -feet on each side 'of the new brick wall), per City Standard No. 1429. 5. Depict and note on utility plan the construction of a new 8 -inch City public sewer main, to connect the new City manhole (at 404 -feet south of centerline of Buffalo Avenue) to the existing Orange County Sanitation Districts (OCSD) manhole, located at approximately 409 -feet south of Centerline of Buffalo Avenue, per OCSD Standards. 6. Record an agreement with the City for access through the site from the northern terminus of the alley to Main Street for emergencies, trash and utility trucks, and City maintenance vehicles. 7. Provide restriping, curb marking and signage to allow parallel street parking adjacent to the south curb of Buffalo Avenue between Broadway and Main Street. Resolution No. 2018-xx Page 7 of 8 75A-202 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: FEBRUARY 20, 2018 TITLE: PUBLIC HEARING — ADOPT ORDINANCE AMENDMENT NO. 2018-01 TO AMEND CERTAIN SECTIONS OF CHAPTERS 40 AND 18 OF THE SANTA ANA MUNICIPAL CODE (COMMERCIAL CANNABIS) TO ALLOW FOR PROFESSIONAL CANNABIS LABORATORY TESTING AND ADOPT RESOLUTION TO MODIFY CANNABIS - RELATED REGISTRATION APPLICATION AND REGULATORY SAFETY PERMIT FEES IN FISCAL YEAR 2017/18 MISCELLANEOUS FEE SCHEDULE (STRATEGIC PLAN NOS. 3,2; 3,3; 3,5; 4,3) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1't Reading ❑ Ordinance on 2M Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1. Adopt Ordinance Amendment No. 2018-01 to allow for Laboratory Testing. 2. Adopt a resolution to modify the adult -use cannabis Registration Application and Regulatory Safety Permit (RSP) application fees for commercial cannabis business activities in the fiscal year 2017/18 Miscellaneous Fee schedule for the Planning and Building Agency. BACKGROUND The California Marijuana Legalization Initiative, also known as the Adult Use of Marijuana Act (AUMA or Proposition 64), requires that all cannabis processed and sold in the State of California be subject to professional laboratory testing for cannabinoid content, toxins, adulterants, pesticides, potency, and other important elements that affect product safety. Testing must be done at laboratories licensed by the Bureau of Cannabis Control (BCC). Pursuant to various State laws, a cannabis testing laboratory may not hold any other license type, which is intended to ensure neutrality and product safety. Significance of cannabis testing Cannabis testing is a critical component of the commercial cannabis supply chain. Voters in Colorado, a state considered to be an early adopter of commercial cannabis regulations, approved Colorado Amendment 64 in 2012 legalizing adult -use commercial cannabis in their state. Although 7513-1 Ordinance Amendment No. 2018-01 — Allow Commercial Cannabis Testing Laboratories and Resolution to Modify Commercial Cannabis Application Fees February 20, 2018 Page 2 Amendment 64 permitted testing laboratories at the time, it did not require safety and potency testing for all types of commercial cannabis products. In July 2016, Colorado adopted regulations that required testing of all products, including medicinal products. Because the supply chain had been largely established without an integrated testing stage, the supply chain was disrupted by new and stringent requirements for product testing. California voters approved Proposition 64 in November 2016, legalizing certain types of commercial and adult use cannabis business activities. Proposition 64 requires testing for all cannabis products based in part on lessons learned from supply chain disruptions in Colorado. The State of California began issuing cannabis business licenses on January 1, 2018; since then, numerous commercial cannabis testing laboratories have expressed interest in operating in Santa Ana's industrial zoning districts. Nearby jurisdictions have adopted ordinances or are in the process of allowing cannabis testing laboratories, including Costa Mesa, Irvine, and La Habra. Local impacts Testing laboratories are the least "public" of all the commercial cannabis business activities since they are prohibited from holding any other commercial cannabis license and may not co -locate with any other commercial cannabis business. Similar to other quality -control product testing facilities, they require high-value, high-technology equipment and employ highly -educated and highly - trained personnel. Because cannabis is a lightweight product, facilities may occupy as little as 500 square feet, although typical testing facilities range between 2,000 and 4,000 square feet. All testing laboratories are subject to strict State regulations regarding the quantity of cannabis that may be on the premises, the operation of equipment, and disposal of tested materials. Table 1 — Proposed Amendments to Chapter 18 and Cha ter 40 Item Current Ordinances Proposed Amendment Impact Definitions (chapters Contain definitions for a Amends Chapter 40 and Enables compliance with 18 and 40) variety of terms relating to Chapter 18 to add definitions State law and ensures commercial cannabis. for cannabis testing consistency between laboratories chapters 18 and 40. Uses permitted and Contain operational Amends Chapter 40 to allow Ensures safe operations of operational standards standards addressing and establish operational cannabis testing laboratories general operations and retail standards for cannabis in accordance with all operations. testinq laboratories. applicable State laws. Regulatory safety Outline the Registration Requires Phase 1 and Phase Allows cannabis testing permit (RSP) process Application (Phase 1) and 2 applications for cannabis laboratories to begin for cannabis testing Regulatory Safety Permit testing laboratories but allows operating in Santa Ana's laboratories (Chapter (Phase 2) processes for testing laboratories to be industrial zoning districts, 40) commercial cannabis retail approved without merit subject to compliance with all businesses. criteria consideration. applicable standards and regulations. Chapter 18 edits Chapter 18 contains Amends Chapter 18 to Ensures consistency prohibition against all other ensure consistency with I between various SAMC 75B-2 Ordinance Amendment No. 2018-01 —Allow Commercial Cannabis Testing Laboratories and Resolution to Modify Commercial Cannabis Application Fees February 20, 2018 Page 3 Table 1 — Proposed Amendments to Chapter 18 and Chapter 40 Item Current Ordinances Pro osed Amendment I Impact commercial cannabis Chapter 40 (Commercial chapters and compliance with business activities, including Cannabis). State law. cannabis testing laboratories. The proposed amendments allows cannabis testing laboratories to operate in the City's light and heavy (M-1 and M-2) industrial zoning districts. In addition, these facilities would be subject to the same sensitive land use separation requirements as commercial cannabis retail businesses, which are currently 1,000 feet from schools, parks, or residential areas, but would not be subject to the 500 -foot separation between facilities. All testing laboratories would be required to enter into an operating agreement to ensure sustainable building and business practices, local hiring and sourcing, labor peace agreements, and community/youth benefit plans. In addition to allowing cannabis testing laboratories, the proposed amendment includes minor administrative modifications to the existing ordinance. Finally, staff has reviewed the proposed amendments to ensure consistency with other provisions of the Santa Ana Municipal Code, including chapters 18, 40, and 41 (Zoning). Based on the information and analysis in this report, staff recommends adopting Ordinance Amendment No. 2018-01. Resolution modifying application fees The City of Santa Ana requires that all commercial cannabis retail businesses permitted in Chapter 18 and Chapter 40 submit a Registration Application and a Regulatory Safety Permit (RSP), the latter of which is renewed annually. Currently, the fees may only be collected for applicants seeking to apply for or renew those permits associated with retail businesses. Pursuant to Chapter 40, all applicants for adult -use cannabis retail sales or testing laboratories must also submit a Registration Application and RSP. In order to collect fees for these two applications, the existing fee description must be amended to apply to all commercial cannabis applicants, including testing laboratories. i 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). Approval of this item also supports the City's efforts to meet Goal #4 - City Financial Stability, Objective #3 (achieve a structurally balanced budget with appropriate reserve levels). 75B-3 Ordinance Amendment No. 2018-01 — Allow Commercial Cannabis Testing Laboratories and Resolution to Modify Commercial Cannabis Application Fees February 20, 2018 Page 4 FISCAL IMPACT Approval of the ordinance and resolution is expected to generate an additional $8,000 in one- time Registration Application fees (five initial applications) and $50,000 in annual Regulatory Safety Permit fees for testing laboratories (four approved applications). Should the resolution allowing application fees to be charged to commercial cannabis laboratories be approved, funds will be deposited into the Adult -Use Commercial Cannabis Registration Fee account (01116002- 51616) and the Adult -Use Commercial Cannabis Regulatory Safety Permit account (01116002- 51617). Candida Neal, AICP Acting Executive Director Planning & Building Agency AP:rb S:RFCA12-20-18\PBA OA No. 2018-01 =02-20-2018 (Chapter 18-00) Exhibit: 1. Ordinance 2. Resolution APPROVED AS TO FUNDS AND ACCOUNTS: 'Francisco Ontierrez Executive Director Finance & Management Services Agency 75B-4 LS 2.20.18 ORDINANCE NO. NS -XXX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING CERTAIN SECTIONS OF CHAPTER 40 TO ALLOW COMMERCIAL CANNABIS TESTINGFDR;MEDICINAL AND ADULT -USE PURPOSES AND AMENDING CERTAIN SECTIONS OF ARTICLE XIII OF CHAPTER 18 OF THE SANTA ANA MUNICIPAL CODE PERTAINING TO MEDICINAL MARIJUANA TO ENSURE CONSISTENCY WITH CHAPTER 40 OF THE 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. In 1996, the California electorate approved Proposition 215, the Compassionate Use Act which allows a patient, with a doctor's recommendation, to use cannabis for medical purposes without the fear of prosecution or arrest. B. In 2003, the Califomia legislature passed Senate Bill 420 (Medical Marijuana Program Act) which amended the Health and Safety Code to permit the establishment of medical cannabis dispensaries for the distribution of cannabis for medical purposes. C. In 2005, the California Board of Equalization began issuing seller's permits for sales consisting of medical cannabis. D. In 2008, the California Attorney General issued .guidelines for the security and non -diversion of cannabis grown for medical use. E. On November 4, 2014, Santa Ana voters approved Santa Ana's Medical Marijuana Regulatory Program ordinance ("Measure BB") which was codified in Chapters 18 and 21 of the Santa Ana Municipal Code. Such regulations govern medicinal marijuana and the retail sale thereof. F. In 2015, the. Governor signed into law Senate Bill 643, Assembly Bill 266, and Assembly Bill 243, collectively referred to as, the Medical Marijuana Regulation and Safety Act ("MMRSA"), further amended in 2016 as the Medical Cannabis Regulation and Safety Act ("MCRSA"), which established regulations and a state Ordinance No. NS -XXX EXHIBIT I Page 1 of 33 75B-5 licensing system for medical cannabis cultivation, manufacturing, delivery, and dispensing. G. In 2016, the voters of the State of California approved and passed Proposition 64 also known as the Adult Use of Marijuana Act ("AUMA"). H. In 2017, the Governor signed into law Senate Bill 94 also known as Medicinal and Adult -Use Cannabis Regulation and Safety Act (MAUCRSA). I. Health & Safety Code Section 11362.83 provides that cities are free to adopt and enforce local ordinances that regulate the location, operation, or establishment of medical cannabis. J. On November 9, 2017, the City Council created Chapter 40 of the Santa Ana Municipal Code, allowing adult -use commercial cannabis retail businesses in the city, and amended certain sections of Chapters 18 and 21 of the Santa Ana Municipal Code to ensure consistency with State law and Chapter 40. K. Chapter 40 of the Santa Ana Municipal Code is intended to contain standards and regulations to address all commercial cannabis business activities in Santa Ana, except that medicinal cannabis retail businesses are subject to the standards and regulations in Article XIII of Chapter 18. L. The City Council of the City of Santa Ana intends that nothing in this article shall be deemed to conflict with federal law as contained 'in the Controlled Substances Act, nor to otherwise permit any activity that is prohibited under that Act or other applicable law. M. The City of Santa Ana has a compelling interest in ensuring that cannabis is not sold in an illicit manner, in protecting the public health, safety and welfare of its residents and businesses, in preserving the peace and quiet of the neighborhoods in which these businesses may operate, and in providing access of cannabis to residents. 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: Article I of Chapter 40 of the Santa Ana Municipal Code is hereby amended to read in full as follows: Ordinance No. NS -XXX Page 2 of 33 75B-6 Chapter 40 ARTICLE 1. REGULATION OF ADULT USE RG_TniL COMMERCIAL CANNABIS RCS ACTIVITIES OTHER THAN MEDICINAL CANNABIS RETAIL ACTIVITIES Section 40-1. Purpose and Intent. A. The purpose and intent of this article is to regulate n"4 �'.-.Q t Use commercial cannabis fetail business activities, as defined in this article,. in order to ensure the health, safety and welfare of the residents of the City of Santa Ana by establishing regulations necessary for an Adult -Else -commercial cannabis retail business operating in the City of Santa Ana to obtain and maintain a Regulatory Safety Permit( RSP„). Any A a,�i,-di4 Ise commercial retail cannabis businesses operating in the City of Santa Ana shall at all times be in compliance with current State Law.and this article. All commercial Adult Use cannabis retail facilities shall operate in accordance with the regulations in this article and with the conditions of approval associated with the applicable zone for the, parcel of real property upon which the commercial Adult Use cannabis retail activities are conducted. Any commercial Adak -I Ise retail cannabis business shall qualify for and receive a Regulatory Safety Permit from the City of Santa Ana as provided by this article and operate only in:a zone in compliance with Santa Ana Municipal Code before commencing with any commercial Ad -A-1 Im, cannabis retail business activity. Any commerciald �i..�„*'« cannabis retail business without a Regulatory Safety Permit is in violation of this article. The regulations in this article, in compliance with the Compassionate Use Act, the Medicinal Marijuana Program Act, SB 94, AB 183, Proposition 64, and the California Health. and Safety Code (collectively referred to as "State Law") do not interfere with the right to use adult -use cannabis or medicinal cannabis as authorized under State Law, nor do they criminalize the possession of 4 J, r It Use cannabis or FnediGal cannabis as "authorized under State Law. All other commercial cannabis activities, including but'not limited to, cultivation, manufacture, and distribution, and ' . t?� of PaRR .bis are prohibited and banned in the City of Santa Ana. B. Any person operating a medicinal marijuana collective/cooperative (as defined in Chapter 18 of this Code) as of December 14, 2017, or who has an RSP application pending to operate a medicinal collective/cooperative, and has met all of the requirements of Chapter 18, shall be allowed to apply for a Regulatory Safety Permit for the sale of Adult -Use cannabis provided that they enter into the Adult -Use Cannabis Retailer Operating Agreement with the City. C. The Adult se Commercial Cannabis retailer Operating Agreement shall be a legally binding written agreement between each Adult Use commercial cannabis retail business operator and the City, executed by the City Manager, or his or her designee, and in a form and substance satisfactory to the Executive Director of Planning and Building and the City Attorney, and containing those provisions necessary to ensure that the requirements of this article are satisfied. Ordinance No. NS -XXX Page 3 of 33 75B-7 Section 40-2. Definitions The definitions are incorporated herein as fully set forth and are applicable to this article. All definitions are intended to comply with those set forth by the State of California for all commercial cannabis business activities. 1. "Applicant" means a person who is required to file an application for a permit under this article, including an individual owner, managing partner, officer of a corporation, or any other operator, manager, employee, or agent of ars Adult Use GanRabis refgol " a commercial cannabis business. 2. "Adult -Use" means cannabis or cannabis products that are intended to be used for non -medicinal purposes by a person 21 years of age or older. 3. "Adult -Use Cannabis Retailer Operating Agreement," "Commercial Cannabis Business Operating Agreement," or "Operating Agreement" means the agreement entered into by and between the City and the commercial Adult -Ilse cannabis retail business operator which will specify terms for local hiring and sourcing, community benefit plans, and fees to compensate for authorized impacts on City services. 4. "Adult -Use cannabis retail activity" includes the delivery, or sale of adult - use cannabis or a cannabis product, except as set forth in Section 19319 of the Business and Professions Code, related to qualifying patients and primary caregivers, excepting medicinal cannabis retail. 5. "Adult -Use cannabis retail business" means an Adult -Use retail business that obtains a Regulatory Safety Permit and engages in the delivery or sale of Adult -Use cannabis, or an Adult -Use cannabis product, except as related Business and Professions Code Section 19319, or Health and Safety Code Sections 11362.1 through 11362.45, as amended from time to time, excepting medicinal cannabis retail. 6. "Authorized City of Santa Ana representative" any police officer, city employee or agent of the city designated by the director of any city department which has the authority and responsibility to enforce provisions as set forth in this article. 7. "Business owner' means any of the following: a. A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. b. The chief executive officer of a nonprofit or other entity. C. A member of the board of directors of a nonprofit. d. An individual who will be participating in the direction, control, or management of the person applying for a license. Ordinance No. NS -XXX Page 4 of 33 75B-8 8. "Cannabis" or "cannabis product" means all parts of the Cannabis sativa Linnaeus, Cannabis Indica, or Cannabis Ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from marijuana. "Cannabis" also means marijuana as defined by Section 11018 of the California Health and Safety Code as enacted by Chapter 14017 of the Statutes of 1972. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake,, or the sterilized seed of the plant which is incapable of germination. For the purpose of this chapter, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food and Agricultural Code or Section 11018.5 of the California Health and Safety Code. 9. "City" means the City of Santa Ana, a charter city and municipal corporation. this Chapter. 10.1. "Commercial cannabis business' means a facility, establishment, or other entity that engages in commercial cannabis activity. 11. "Commercial vehicle' means a vehicle as defined in Vehicle Code section 260. 12. "Concentrated cannabis product" means a consolidation of cannabinoids made by dissolving cannabis in its plant form into a solvent. 13. "Customer" means a natural person 21 years of age or over. 14."Deliverymeans the commercial transfer of cannabis or cannabis products from a retail cannabis business to a customer up to an amount determined to be authorizedby the State of California, orany of its departments or divisions. "Delivery" also includes the use by a retail cannabis business of any technology platform owned, controlled, and/ or licensed by the retail cannabis business, 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 commercial transfer by a licensed retail cannabis business of cannabis or cannabis products. For the purposes of this article, "delivery" does not include distribution or purchase of cannabis from a Ordinance No. NS -XXX Page 5 of 33 75B-9 licensed cultivator, and cannabis products from a licensed manufacturer, for sale to a licensed cannabis retail business. 15. "Delivery employee" means an individual employed by a licensed retail cannabis business who delivers cannabis goods from the permitted retail premises to a medicinal cannabis patient or primary caregiver or customer at a physical address. 16. "Display" means cannabis goods that are stored in the licensed retail business during the hours of operation. 17. "Display case" means a container in the licensed retail business where cannabis goods are stored and visible to customers. 18. "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for consumption. An edible cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code. 19. "Free sample" means any amount of commercial cannabis goods provided to a purchaser of cannabis without cost or payment or exchange of any other thing of value. 20. "Labor Peace Agreement" means a legally binding agreement between an employer and a labor organization in which the employer agrees to remain neutral in the event its employees wish to unionize. 210. "'License/Licensee" means a license issued by the State and includes both an A -license (Adult -Use) and an M -license (Medicinal), and the holder of such license. 224. "Limited -access area" means an area in which cannabis goods are stored or held and which is only accessible to a Licensee and the Licensee's employees and contractors. 232. "Medicinal/medical cannabis' or "Medicinal cannabis product", means cannabis or a product containing cannabis, including, but not limited to, concentrates, and extractions, intended to be sold for use by medicinal cannabis patients in California pursuant to the Compassionate Use Act of 1996, found at Section 11362.5 of the California Health and Safety Code. Medicinal cannabis retail is regulated by Chapter 18 and Chapter 21 of the Santa Ana Municipal Code. 243. "Operating hours' means the hours within a day during which a permitted commercial cannabis retail business may allow cannabis customers to enter the retail premises and purchase cannabis goods. Ordinance No. NS -XXX Page 6 of 33 75B-10 25. "Ownership interest" means an interest held by a person who is an owner as defined by State of California commercial cannabis regulations or who has a financial interest in the commercial cannabis business of 5% or more. 26. "Package' and "Packaging" means any container or wrapper that may be used for enclosing or containing any cannabis goods for final retail sale. 'Package' and ,.packaging" does not include a shipping container or outer wrapping used solely for the transport of cannabis goods in bulk quantity to a Licensee. 27. "Person" includes any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. 28. "Premises" means the designated structure(s) and land specified in the application that are in possession of and used by the applicant or Licensee to conduct the commercial cannabis activity. 29. "Primary Caregiver" has the same meaning as that term is defined in Section 11362.7 of the Health and Safety Code. 30. "Private Residence. ".shall have the same definition as that contained in Health and Safety Code, section 11362.2(5).and also means a lawfully established structure, suitable for human occupancy as required by section 17922 and 17958 of the California Health and Safety Code. A recreational vehicle does not constitute a lawfully established structure for the purposes of this article. 31. "Private security officer" has the same meaning as that term as defined in the State of California Business and Professions Code section 7574.01. 32. "Publicly owned land" means any building or real property that is owned by a city, county, state, federal, or other government entity. 33. "Purchase' means obtaining cannabis goods in exchange for consideration. 34. "Purchaser' means a person who is engaged in a transaction with a Licensee for purposes of obtaining cannabis goods. 35. "Qualified patient" is a person whose physician has recommended the use of cannabis to treat a serious illness, including cancer, anorexia, AIDS, chronic pain, spasticity, glaucoma, arthritis, migraine, or any other illness for which cannabis provides relief. 36. "Responsible person" means any of the following: Ordinance No. NS-XXX Page 7 of 33 75B-11 a) A person who causes a Code violation to occur. b) A person who maintains or allows a Code violation to continue, his or her action or failure to act. c) A person whose agent, employee, or independent contractor causes a Code violation by its failure to act. d) 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 property -related Code violation occurs. e) 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 article "person" includes a natural person or legal entity, and the owners, majority stakeholders, corporate officers, trustees, and general partners of a legal entity. 37. 'Retail area" means a building, room, or other area upon the licensed cannabis retail business premises in which cannabis goods are sold or displayed. 38. "Retail business" means a premises where ad �iuwk us cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination for retail sale, including an establishment that delivers cannabis or cannabis products as part of a retail sale. 39. 'Regulatory Safety Permit (RSP)" means a permit issued by the City pursuant to this article to aRAd i+gip a commercial cannabis retail business. 40. "Security monitoring" means the continuous and uninterrupted attention to potential alarm signals that can be transmitted from a security alarm system for the purpose of summoning law enforcement. 41. "Sell," "sale," and "to sell' include any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis goods pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis goods by a licensee to the licensee from whom such cannabis goods were purchased. 42. "Sublet' means to lease or rent all or part of a leased or rented property. 43. "State" means the State of California. 44. 'Testing Facility" or "Testing Laboratory' defined in the Business and Professions Code section 26001 as amended from time to time means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is both of the following: Ordinance No. NS -XXX Page 8 of 33 75B-12 a) Accredited by an accrediting body that is independent from all other Section 40-3. Compliance with State and Local Licensing Requirements Any Adult Use commercial cannabis fetail business as defined by the State of California and the City of Santa Ana shall operate in conformance with all regulations and standards set forth in this article to assure that the operations of any commercial Adult Use cannabis fetaR business as defined by the State of California and allowed by the City of Santa Ana are in compliance with local and State law and are established to mitigate, any adverse secondary effects from its operations. Commercial Adult Use cannabis retail businesses shall be required to obtain a Regulatory Safety Permit (RSP) from the City of Santa Ana and a State license once they become available, and shall comply with any applicable State licensing requirements, such as operational standards and locational criteria. Co -location of Adult Use commercial cannabis businesses reta''aRj ""maciGi al saRnabis feta4 proposed on any one site shall occur only if authorized by the State and the City of Santa -Ana and only if allowed pursuant to the City's Zoning Code. Any commercial cannabis activity not specifically permitted by this article is prohibited. Section 40-4. Maximum Number of Regulatory Safety Permits The total number of Adult Use cannabis retail businesses in operation shall be determined based on the number of locations which have been issued a Regulatory Safety Permit by the City of Santa Ana. In no case shall the City of Santa Ana allow more the than the following commercial cannabis retail businesses to operate within City limits, regardless of the location's compliance with any other Section specified in this article: A. 20 total medicinal cannabis retail. businesses (as regulated by Article XIII of Chapter 18); B. 30 total adult -use cannabis retail businesses (which could include any or all of the medicinal cannabis retail businesses) Section 40-5. Zoning Compliance and Regulatory Safety Permit Requirements Commercial Adult Use cannabis entail activities are expressly prohibited in all zones in the, City of Santa Ana; however, specific commercial cannabis fetail businesses are allowed as a special use in the Industrial zone (M-1, M-2). The only allowed current permit types Ordinance No. NS -XXX Page 9 of 33. 75B-13 BaRRabis busIR shall appl�49F aR11 �endurt Only in the appmpFiate zones as are described in Table 40-5 and the City of Santa Ana's zoning ordinance as a requisite for obtaining a Regulatory Safety Permit. No commercial Ad !a A Wss cannabis fetait business may operate in the City of Santa Ana without a Regulatory Safety Permit. This Land Use Table 40-5 shall be used to determine whether a commercial cannabis business is permitted – "P", or not permitted – "X". Any commercial Adult Use cannabis fetail business in the City of Santa Ana shall also operate in compliance with the City's zoning ordinance. If a Zoning District is not listed in the Land Use Table in this section then the use is expressly not permitted. Section 40-6. Separation Requirements (a) No Adult -Use commercial cannabis fetal! business shall be located within 1,000 feet of any: (1) School (K-12) as defined by Section 11362.768 of the Health and Safety Code; or Ordinance No. NS -XXX Page 10 of 33 75B-14 K 1 } ' _ LandiUse Classification M 1� NI 2 Regulatory' ' i h3h .r4 M1� t -h ui wred�,, Cultivator Indoor- Type A– X X . NA Cultivator Indoor - Type B' X _ X; NA Cultivator Indoor - Type C X X . NA Nursery Indoor/Outdoor - Type D X X NA Manufacturing Manufacturing ; X X: NA Medicinal Retail ? Yes Retail 1' P (SAMC Chapter 18) Retail Adult -Use Retail P j P Yes Testing Laboratory Adult -Use and/or Medicinal No , NA -Yes Retail -Industrial X p — X p — Distribution Freight/TEIRWort X X ;' NA Cultivation / Retail / Manufacture / Micro -Business X X Distribution NA Section 40-6. Separation Requirements (a) No Adult -Use commercial cannabis fetal! business shall be located within 1,000 feet of any: (1) School (K-12) as defined by Section 11362.768 of the Health and Safety Code; or Ordinance No. NS -XXX Page 10 of 33 75B-14 (2) Park; or (3) Existing Residential zone. (b) No commercial Adult Use cannabis retail business shall be located within 500 feet of another retail cannabis business, except for permitted co -location. Section 40-7. Exception Commercial cannabis cultivation is expressly prohibited in all zones and all specific plan areas in the City; provided, however, that six (6) plants per private residence may be cultivated indoors within a legally permitted structure for personal use in compliance with Section 18-620 (e) of the Santa Ana Municipal Code and all applicable local and State regulations. Section 40.8. General Provisions for Adu4t-Use Commercial Cannabis Retail Activities in the City of Santa Ana Regulatory Safety Permit Required a. Each Adult Use commercial cannabis fetall business shall obtain a Regulatory Safety Permit (RSP) specific to the business activity defined by the State pertaining to that activity. The only allowed current permit type pursuant to this article is for commercial cannabis Adult Use retail sales and testing laboratories/facilities. b. It shall be unlawful for any person, association, partnership, limited liability company, or corporation to engage in, conduct or carry on, in or upon any premises within the City of Santa Ana any commercial Ad, ilt I Ise cannabis retail business without a RSP. An °� , d 'fie A commercial cannabis fetatl business shall register and obtain a RSP from the City of Santa Ana prior to operation. The RSP applicant shall pay an annual non-refundable application fee in an amount established by the City Council. C. A copy of the RSP shall be displayed at all times in a place visible to the public. d. A RSP shall be valid for a period of one (1) year from the date of issuance, unless sooner revoked. No permit granted herein shall confer any vested right to any person or business for more than the above -referenced period. 2. Maintenance of Records and Reporting All records shall be maintained by the commercial Adult-tlse cannabis fetail business for a period of five (5) years and shall be made available by the commercial cannabis business Ar t "__ GRFIREING retail business to an authorized City of Santa Ana representative upon request. If they are not produced as requested, the City may seek a search warrant, subpoena, or court order. In addition to all other formats that the Ordinance No. NS -XXX Page 11 of 33 75B-15 commercial cannabis business ^di+ Ig bi + 'i 191 ISIRPS6 may maintain, these records shall be stored by the business at the location in a printed format in a fire-proof safe or filing cabinet. Any loss, damage or destruction of the records shall be reported to the Police Department within 24 hours of the loss, destruction or damage. a. The business shall obtain and maintain a valid Seller's Permit from the State Board of Equalization. b. Financial records include, but are not limited to: bank statements, sales invoices, receipts, tax records, and all records required by"the California State Board of Equalization under Title 18 California Code of Regulations section 1968. C. Personnel records, including each employee's full name, address, phone number, social security, or individual tax payer identification number, date of beginning employment, and date of termination of employment if applicable. d. Training records, including but not limited to the content of the training provided and the names of the employees that received the training. e. Contracts with other businesses regarding commercial cannabis business retail activity. Permits, licenses, and other local authorizations to conduct the commercial cannabis business fetail activity. g. Security records. h. Proof of building ownership or landlord letter acknowledging business type. Proof of insurance. 3. Operational Standards for All Adult4Jse Commercial Cannabis Business Retail Activities a. 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 unaltered in a secure location for a period of not less than ninety (90) days. The police department may request the recordings in connection with an investigation. Ordinance No. NS -XXX Page 12 of 33 75B-16 b. All controlled access areas, security rooms and all points of ingress/egress to limited access areas and all point of sale (POS) areas shall have fixed camera coverage capable of identifying activity occurring within a minimum of twenty (20)feet. C. The surveillance system storage device or cameras shall be transmission control protocol/TCP capable of being accessed through the intemet by the police department or their designee on request. d. The -If wolicable, the applicant shall conduct and pay for any required CEQA reviews and analyses, and pay for all costs, including those of the'City, associated with project review under CEQA. e. Adult Use Commercial cannabis retail businesses shall create and maintain an active account within the State's track and trace system prior to commencing any commercial cannabis retail activity. In the event of system failure, the business shall keep a hard copy record and transfer the information to the track and trace system within 24 hours of the system being available. f. No physical modification of the licensed premises is allowed without written prior permission by the City'of Santa Ana and payment of any additional fees required by the City. g. Commercial cannabis business Adult Use GaRRams 1)UG1Re6G--FeW businesses shall provide adequate off-street parking and comply with the City of Santa Ana Municipal Code parking requirements in order to service customers without causing negative impact. h. The commercial cannabis business Adult Use GaRnabm4eM*aUSR%sS shall provide adequate disabled access parking per the requirements in the California Building Code. i. The commercial cannabis Adult Use GaRnab.G Fetaii business shall minimize nuisances such as trash, litter, and graffiti. j. Any and all signage, packaging, and facilities shall not be 'attractive', as it is defined by the State, to minors. k. Commercial cannabis Adult IJ68 GaRnab's ret.AH business facilities shall be required to provide an air treatment system that ensures off-site odors shall not result from its operations. This requirement at a minimum means that the facility shall be designed to provide sufficient odor absorbing ventilation and exhaust systems so that any odor generated inside the location is not detected outside the building, in an adjacent tenant suites, on adjacent properties or public rights-of-way, or within any other Ordinance No. NS -XXX Page 13 of 33 75B-17 unit located within the same building as the facility if the use occupies only a portion of a building. I. A permitted commercial cannabis business entity shall have 180 days after permit issuance by the City of Santa Ana to begin initial operations, unless otherwise approved by the Director of Planning and/or his or her designee. A permitted commercial cannabis AdWlt Use GaRnabis retail business entity that ceases to operate for more than 180 calendar days shall be deemed "abandoned" and the permit shall be forfeited. A business may temporarily suspend operations for a period of time as may be reasonably required to affect upgrades, modifications, repairs, or other property issue mitigations as approved by the Director of Planning or designee. M. The commercial cannabis Adult -'o'., �; business shall comply with all State regulations regarding: L Testing, labeling and storage of all cannabis products. ii. Use of appropriate weighing devices. iii. Electrical and plumbing regulations subject to periodic and unannounced inspections to ensure compliance. iv. State deadlines for applying for a State license and receiving a State license within six (6) months after the date the State begins issuing licenses. This may be waived if the State has longer delays in issuing licenses of the type the commercial cannabis business seeks. n. The commercial cannabis business shall maintain a comprehensive general liability combined single occurrence insurance policy issued by an "A" rated insurance carrier in an amount no less than Two Million Dollars, with primary coverage, naming the City of Santa Ana as additional insured. o. No free samples of any cannabis or cannabis product may be distributed at any time. P. All agents, private security officers or other persons acting for or employed b an commercial cannabis Adult Use Gan -tail-busine-ss shall display a laminated identification badge at least 2" X 2" in size, issued by the business. The badge, at a minimum, shall include the business's "doing business as" name and license number, the employee's first and last name, and a color photo of the employee that shows the full front of the employee's face. q. All private security officers acting for or employed by as a commercial cannabis Aa It-'-Isp nanmnhis Fetail business shall be licensed by the State and issued a business license from the City of Santa Ana. r. The commercial cannabis Adult G@Rnabis retail -business shall have a centrally -monitored fire and burglar alarm system which shall include all perimeter entry Ordinance No. NS -XXX Page 14 of 33 75B-18 points and perimeter windows and the building or portion of the building where the business is located shall contain a fire -proof safe or fire proof filing cabinet and include a safety and security plan. S. The commercial cannabis Adult Use Gannabis Fetail business shall ensure a licensed alarm company operator or one or more of its registered alarm agents installs, maintains, monitors and responds to the. alarm system. The alarm company shall obtain a City of Santa Ana business license. t. The commercial cannabis oa lt WGP GaIRRA1466 Feta'.l business shall provide the name and phone number of an on-site staff person to the police department and the Code Enforcement Division of the Planning and Building Agency for notification"if there are operational problems with the establishment. U. The commercial cannabis business must obtairi and maintain a valid City business license at all times as a condition for receiving, renewing, and maintaining its regulatory safety permit. V. Occupancy shall not exceed that required under the Uniform Building Code and Uniform Fire Code, and the maximum occupancy load shall be posted at the main entrance. W. For any commercial cannabis business with two (2) or more employees, the business owner shall attest that he/she has entered into a labor peace agreement and provide a copy of the agreement to the City. X. Each commercial cannabis na " "__ __... ^hos retail business owner, operator(s) and employee(s) shall complete a criminal background check :and wear a visible photo ID at all times during working hours. Owners, operators, employees, managers or volunteers may not have been convicted of, or pled guilty/no-contest to a felony or misdemeanor drug charge within the past four (4) years; nor shall they be a person required to register as a controlled substance offender pursuant to Health & Safety Code section 11590. vo All signage for the commercial cannabis business must comply with Article XI of Chapter 41 of the Santa Ana Municipal Code. 4. Additional Operational Standards for Adult -Use Cannabis.Retail Business a. At all times the Adult -Use cannabis retail business is open, it shall provide at least one private security guard who is licensed, possesses a valid Department of Consumer Affairs "security guard card", and has a valid business license from the City of Santa Ana. Ordinance No. NS -XXX Page 15 of 33 75B-19 b. The private security guard and adult -use retail cannabis business personnel shall monitor the site and the immediate vicinity of the site to ensure that patrons immediately.leave the site and do not consume cannabis in the vicinity of the retail business 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. Interior signage or advertising may not be visible from the exterior. Retail cannabis businesses must comply with the advertising and marketing provisions of Business and Professions Code §§ 26150-26155. d. There shall be no on-site sales of alcohol or tobacco products, (excluding rolling papers and lighters) and no on-site consumption of food, alcohol or tobacco by patrons. e. Hours of operation shall be limited to: 7 a.m. to 11 p.m. daily. No licensed retail business shall be open to the public between the hours of 11:01 p.m. and 6:59 a.m. of any day. f. The Adult -Use cannabis retail business shall notify patrons of the following both verbally and through posting of a sign in a conspicuous location: Secondary sale, barter or distribution of adult -use cannabis is a Prime and can lead to arrest. ii. That loitering on and around the retail site is prohibited by California Penal Code § 647(e) and that patrons must immediately leave the site and not consume cannabis in the vicinity of the retail site or on the property or in the parking lot. A warning that patrons may be subject to prosecution under federal cannabis laws. iv. That the use of cannabis may impair a person's ability to drive a motor vehicle or operate machinery. g. No one. under the age of 21 shall be allowed to enter an Adult -Use cannabis facility unless the licensed Adult -Use cannabis facility holds a medicinal use cannabis RSP issued by the City and retail license issued by the State, and the licensed premises for the adult -use cannabis license and medicinal cannabis license are the same in accordance with Business and Professions Code section 26140. h. If non -cannabis food is distributed, the retail business shall comply with all relevant State laws, County and City ordinances pertaining to the preparation, distribution and sale of food. Ordinance No. NS -XXX Page 16 of 33 75B-20 L All Adult -Use cannabis retail businesses shall establish and implement a program to incentivize the recycling of used containers. Failure to establish and implement a program to incentivize the recycling of used containers will result in a violation of the terms of the required commercial cannabis Operating Agreement requiring sustainable building or business practices. j. Adult -Use cannabis retail businesses shall, also record on the video surveillance system point-of-sale areas and areas where cannabis goods are displayed for sale. k. Adequate signage shall clearly state who has inspected any, cannabis product for pesticides, or other regulated contaminants, distributed at this location. I. Shipments of cannabis goods may only be accepted during regular business hours. M. Inventory shall be secured.using a lockable storage system during non- business hours. n. No cannabis product shall be visible from the exterior of the business. o. All required labelling shall be maintained on all product, as required by State law, at all times. P. Educational tours of adult -use retail cannabis businesses shall be allowed. 5. Additional Operational Standards for Adult -Use Commercial Cannabis Retail Delivery Services a. Adult Use Commercial cannabis retail deliveries may be made only from an Adult Us commercial cannabis retail business permitted by the City in compliance with this article, and in compliance with all State regulations. b. All employees who deliver cannabis shall have valid identification and a copy of the Adult '-Use commercial cannabis retail business' Regulatory Safety Permit and State license at all times while making deliveries. C. All Adulttee commercial cannabis retail businesses shall maintain proof of vehicle insurance for any and all vehicles being used to transport cannabis goods as required by State law. d. Deliveries may only take place during normal business hours of the Adult - Use commercial cannabis retail business. Ordinance No. NS -XXX Page17 of 33 75B-21 e. During delivery, the delivery employee shall maintain a physical or electronic copy of the delivery request and shall make it available upon request by the licensing authority and law enforcement officers. The delivery request documentation shall comply with State law. f. A licensed delivery employee shall not leave the State of California while possessing cannabis products. g. An Adult Use commercial cannabis retail business shall maintain a list of all deliveries, including the address delivered to, the amount and type of product delivered, and any other information required by the State. h. A manifest with all information required in this section shall accompany any delivery person at all times during the delivery process and delivery hours. I. Any delivery method shall be made in compliance with State law, as amended, including use of a vehicle that has a dedicated GPS device for identifying the location of the vehicle (cell phones and tablets are not sufficient). j. Each delivery request shall have a receipt prepared by the Adult Use commercial cannabis retail business with the following information: i. Name and address of the Adult Use commercial cannabis retail business ii. The name of the employee who delivered the order iii. The date and time the delivery request was made iv. The complete delivery addresses V. A detailed description of the cannabis goods requested for delivery including the weight or volume, or any accurate measure of the amount of cannabis goods requested. vi. The total amount paid for the delivery including any fees or taxes. k. At the time of the delivery, the date and time delivery was made, and the signature of the person who received the delivery. 1. No cannabis delivery vehicle shall display signs, decals or any other form of advertisement with the exception of a maximum four -inch by four -inch decal. M. Inspections by an authorized City of Santa Ana representative may be conducted anytime during regular business hours. 6. Additional Operational Standards for Commercial Cannabis Testing Facilities or Laboratories Ordinance No. NS -XXX Page 18 of 33 75B-22 a A licensed cannabis testing facility or laboratory business its owners and C. Educational tours of cannabis testing facility/laboratory businesses shall be allowed. Section 40-9. Adult -Use Commercial Cannabis Retail Selection Process 1. Adult -Use Commercial Cannabis Retail — Registration Application and Regulatory Safety Permit Required a. Existing medicinal cannabis business operators, or those with pending applications for a medicinal RSP, who desire to operate an adult cannabis retail business shall apply for the cannabis Regulatory Safety Permit ('RSP") On or before December 14, 2017. The Director of Planning and Building shall review such application and issue the RSP, without consideration of the merit based point system, so long as they satisfy all other requirements of this article and Chapter 18. b. The Regulatory Safety Permit ("RSP").selection process will be conducted in two phases, Phase 1 (Registration Application) and Phase 2 (Regulatory Safety Permit Application). Registration Applications will be reviewed by the Director of Planning and Building or designees(s) for completeness and compliance, and if eligible, will be placed on the "Regulatory Safety Permit ("RSP") Eligibility List" and entered into the Phase 2 Regulatory Safety Permit Application process. In Phase 2, the City of Santa Ana has established a merit based point system to objectively award permits as described in the Regulatory Safety Permit Application. 2. Phase 1 — Registration Application a. Following the adoption of this article, the Director of Planning and Building shall prepare Ad, -4-1 commercial cannabis retail business registration application forms and a related administrative policy. Each Adult Use commercial cannabis fetail business interested in operating pursuant to this article may submit an application together with a non-refundable processing fee in an amount established by the City Council. b. The Registration Application period shall be thirty (30) calendar days from the date the applications are released. Following the application period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 1. Each application that is complete and in compliance with the application requirements in Phase 1 shall be placed on the "RSP Eligibility List' Ordinance No. NS -XXX Page 19 of 33 75B-23 and shall be notified in writing whether they are a 'RSP Eligible Applicant' or not. Each applicant on the RSP Eligibility List may then choose to file an application for a RSP in Phase 2., C. The requirements for Phase 1 include but are not limited to: All application documents required in the City's Phase 1 Registration Application package. ii. Application was submitted during the application period. iii. Application forms are filled out completely. iv. Business Owner(s)/Applicant(s) referenced on the application provides a Live Scan that was conducted within 14 days prior to submitting the application. V. Phase 1 application fee is paid. vi. A signed statement that the proposed location of the Adult Use commercial cannabis retail business on the application meets the zoning criteria established in this article including, but not limited to, any and all sensitive use separation criteria required by this article. d. The Director of Planning and Building or his or her designee(s) shall determine whether each application demonstrates compliance with the minimum requirements (above) and be placed on the RSP Eligibility List and entered into the Phase 2 application and review process. e. The Director of Planning and Building or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified in writing of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 3. Phase 2 - Regulatory Safety Permit Application a. Each applicant identified on the RSP Eligibility List may choose to complete and file a RSP application to the Director of Planning and Building. The application shall be filed together with a nonrefundable fee as established by resolution of the City Council, to defray the cost of investigation required by this article. b. The RSP application period shall be open for thirty (30) calendar days and may run concurrently with the Phase 1 review period. Following the RSP application Ordinance No. NS -XXX Page 20 of 33 75B-24 period, the Director of Planning and Building or designee(s) shall stop accepting applications and review all applications received in Phase 2. C. The Director of Planning and Building or designee(s) will review all application documents required in the City's Phase 2 application package plus the additional requirements in subsection (d) below. The Director of Planning and Building or his or her designee(s) will use a merit based point system to review and rank each of applications from the most to the least points and objectively award the top applicants a RSP. A complete description of the merit based point system and all merit based point considerations shall be included with the application forms. Phase 2 requirements include but are not limited to; i. All application documents required in the City's Phase 2 RSP application package. ii. Phase 2 application fee is.paid and a comprehensive owner background check is completed. iii. The Building Official or designee has inspected all structures in which the use is located to determine that all applicable standards and requirements are met. If a building permit is required for site improvements, Permit issuance will be deferred until a bertificate of occupancy or other building permit approval is issued. Additionally, the Building Official has determined that there are no notices of nuisance or other code compliance issues recorded or on the property. iv. The PlanningManager or designee has issued a Zoning Clearance documenting compliance with the following: 1. The use is permitted; 2. All land use permits, if any, have been approved and all Conditions of approval have been met or are in good standing; and, 3. No zoning violations exist on the property. e. The Director of Planning and Building or his or her designee(s) shall review each application upon submission and ensure that the application is complete. Incomplete applications will be promptly rejected and the applicant shall be notified that business day of the deficiencies. The applicant shall be given an opportunity to cure any incomplete or deficient application prior to the conclusion of the application processing term, if such time period is applicable. 4. Regulatory Safety Permit Annual Renewal Ordinance No. NS -XXX Page 21 of 33 75B-25 a. Applications for the renewal of a permit shall be filed with the Director of Planning and Building or designee(s) at least sixty (60) calendar days before the expiration of the current permit. Temporary permits will not be issued. Any permittee allowing their permit to lapse or which permit expired during a suspension shall be required to submit a new application, pay the corresponding original application fees and be subject to all aspects of the selection process. b. Any person desiring to obtain a renewal of their respective permit shall file a written application ,under penalty of perjury on the required form with the Director of Planning and Building or designee(s) who will conduct a review. The application shall be accompanied by a nonrefundable filing fee established by the City Council to defray the cost of the review required by this article. An applicant shall be required to update the information contained in their original permit application and provide any new and/or additional information as may be reasonably required by the Director of Planning and Building or designee(s) in order to determine whether said permit should be renewed. 5. Appeal of Denial of Regulatory Safety Permit / Denial of RSP Renewal The City Manager or his or her designee(s) will review all Regulatory Safety Permit applications and renewal requests, along with all other relevant information, and determine if a RSP should be granted and/or renewed. If the City Manager determines that the permit shall not be granted and/or renewed, the reasons for denial shall be provided in writing to the applicant. No such denial shall become effective until the applicant for the regulatory safety permit and/or renewal has been notified in writing by certified mail of the right to appeal the denial decision pursuant to the provisions of Chapter 3 of this Code. If a timely appeal is filed, the denial shall be effective only upon decision of the City Council. Otherwise, the denial shall become effective after the timely appeal period has passed. The matter may be subject to judicial review under the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6. Section 40-9.1. Commercial Cannabis Testing Facility/Laboratory Selection Process 1. Commercial Cannabis Testing Facilities/Laboratories — Registration Application (Phase 1) and Regulatory Safety Permit (Phase 2) Required a. Every Commercial Cannabis Testing Facility/Laboratory shall apply for the w Building shall review such applications and issue the Regulatory Safety Permit Ordinance No. NS -XXX Page 22 of 33 75B-26 b Applications for a Commercial Cannabis Testing Facility/Laboratory shall be accepted during normal City Hall business hours and are not subject to the 30 -day Phase 1 or Phase 2 application periods. Section 40-10. Audits. Annual audits. No later than June 30th of every year, each licensed Adult Us commercial cannabis business shall file with the City 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 Management Services, or his or he'r designee(s). Section 40-11. Inspection and enforcement responsibilities. The Code Enforcement Division of the Planning and Building Agency may enter and inspect the location of any commercial cannabis Adult Use nnnlgis retai: business between the hours of 7:00 a.m. and 11:00 p.m.,_ or at any reasonable time, to ensure compliance with this article. In addition, any police officer may enter and inspect the location of any commercial cannabis fetag business 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 commercial cannabis retail business 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 40-12. Violation and enforcement. 1. 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 commercial cannabis business Adult Use Pinghl's Feta'i�ro„-business Regulatory Safety Permit, 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 commercial cannabis Adult "so can^v":s retail business and persons related or associated with the business. Ordinance No. NS -XXX Page 23 of 33 75B-27 2. Suspension or revocation. When an authorized City of Santa Ana representative finds that any person holding a RfegulatorySsafety Ppermit under the provisions of Chapter 40 has violated the provisions of this chapter or is found guilty of conduct which would form the basis of denial of the Rfegulatory Ssafety Ppermit 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 Rfegulatory Ssafety Ppermit 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 40-13. Transfer of Ownership. 1. Upon the transfer of any interest in as commercial cannabis business ^'' '«'' b + il b isiness, the Rfegulatory Ssafety Ppermit shall be null and void. Any person, firm or entity desiring to own and operate the commercial cannabis business shall make a new Regulatory Safety Permit application. Prior to or concurrent with the submission of said application the transferee shall obtain all required business licenses,_ post all required security deposits, acquire all necessary, certificates, permits or other licenses allowing the doing of any act which the person paying or holding the same would 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 commercial cannabis retail business. The provisions of this section shall apply to any person, fine, or entity applying for a Rfegulatory Ssafety Ppermit for premises previously used as such establishment. 2. Any such transfer of any interest in an existing commercial cannabis business Adult -'-Ise hi Fetal' bi miness or any application for an extension or expansion of the building or other place of business of the commercial cannabis retail business shall require inspection and compliance with section 40-11 of this article. 3. The owner or operator of a an Adult Use Gannab:_ Fetail business commercial cannabis business 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. Ordinance No. NS -XXX Page 24 of 33 75B-28 Section 40-14. Limitations on the City's Liability To the fullest extent permitted by law, the City shall not assume any liability whatsoever, with respect to approving any Regulatory Safety Permits pursuant to this article or the operation of any commercial cannabis Adult Use GaRnabis retail business approved pursuant to this chapter. As a condition of approval of a Regulatory Safety Permit as provided in this chapter, the applicant or its legal representative shall: 1. Execute an agreement indemnifying the City from any claims, damages, injuries or liabilities of any kind associated with the registration or operation of the commercial cannabis business facility or the prosecution of the applicant or business or its members fo"r violation of federal or State laws; 2. Maintain insurance in the amounts and types that are acceptable to the City Attorney or designee; 3. Name the City as an additionally insured on all City required insurance policies; 4. Agree to defend, at its sole expense, any,action against the City, its agents, officers, and employees related to the approval of a Regulatory Safety Permit; and, 5. Agree to indemnify and reimburse the City for any court costs and at fees that the City may be required to pay as a result of any legal challenge related to this ordinance and/or the City's approval of a Regulatory Safety Permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. Section 40-15. Fees and Taxes All commercial cannabis AdultseE;annabs;eta;l businesses shall pay applicable fees and taxes, which shall include one or more of the following: 1. Application Fees. The business owner shall submit a non-refundable fee to cover the cost of processing an application for the commercial cannabis Adulte ^nom, ab; -s Feta! business. These fees may be divided into two fees according to Registration Application Fee (Phase 1) and RSP Application Fee (Phase 2). 2. Regulatory Safety Permit Renewal Fees. The business owner shall submit a non-refundable fee to cover the cost of processing an application renewal annually. 3. Business License Taxes. The business owner shall at all times maintain a current and valid City of Santa Ana business license and shall pay all business license taxes, deposits, charges, fees, deficiencies, penalties, interest, and other associated ordinance No. NS -XXX Page 25 of 33 75B-29 assessments as may be required pursuant to ordinances of the City of Santa Ana and/or the Santa Ana Municipal Code. 4. Adult Use r b Retailer Operating Agreement Fees. 5. Additional cannabis -specific gross receipts, excise taxes, or other municipal tax approved by the voters of the City of Santa Ana. 6. All required state taxes including sales and use taxes, business/franchise or income taxes, payroll taxes, etc. All required federal taxes. Section 4. Section 18-611 of Article XIII of Chapter 18 of the Santa Ana Municipal Code is hereby amended 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, curing, grading or trimming of one (1) or more marijuana plants or any part thereof, as set forth in Business and Profession Code § 26001 (1) as amended from time to time. (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. This term shall include any legal form of business recognized in the State of California. 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. (c) "Identification card" shall have the same definition as that contained 'in Health and Safety Code § 11362.7 et seq., as sometimes amended. Ordinance No. NS -XXX Page 26 of 33 75B-30 (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; (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 sections 11362.2(5) and 17922. A recreational vehicle does not constitute a lawfully established 'structure for the purposes of this article. (j) "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, growing, harvesting, drying, curing, grading or trimming of marijuana plants for personal use within a private residence or accessory structure to a private residence. (o) "Commercial Cultivation" shall mean the planting, growing, harvesting, drying, curing, grading or trimming of marijuana plants in any structure other than a private residence. Ordinance No. NS -XXX Page 27 of 33 75B-31 (p) "Outdoor Cultivation" shall mean the planting, cultivating, growing, harvesting, drying, curing, grading or trimming 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 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 § 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. Ordinance No. NS -XXX Page 28 of 33 75B-32 (u) "Distribution' means the procurement, sale and transport of cannabis and cannabis products between entities licensed pursuant to the Medicinal and Adult -Use of Cannabis Regulation and Safety Act, and any subsequent State of California legislation regarding the same.. that is both of the following: a) Accredited by an accrediting body that is independent from all other persons involved in commercial cannabis activity in the State: and, b) Licensed by the Bureau of Cannabis Control. Section 5: 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 (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. Ordinance No. NS -XXX Page 29 of 33 75B-33 (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 (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. Ordinance No. NS -XXX Page 30 of 33 75B-34 (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 oroutdoor. 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. (f) 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 519340. Delivery of cannabis from a dispensary permitted pursuant to this Chapter can only be made in a city or county that does not Ordinance No. NS -XXX Page 31 of 33 75B-35 expressly prohibit it by ordinance. Delivery services by dispensaries not in possession of regulatory safety permits is expressly prohibited. (a) Medicinal and Adult -Use Cannabis Testing Facilities/Laboratories as defined in Chapters 18 and 40 of the Santa Ana Municipal Code (SAMC) are Section 6. 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 201.8. APPROVED AS TO FORM Sonia R. Carvalho, City Attorney By:� _G; �— Lisa Storck Assistant City Attorney AYES: NOES: ABSTAIN: NOT PRESENT: Miguel A. Pulido Mayor Councilmembers: Councilmembers: Councilmembers: Councilmembers: 75B-36 Ordinance No. NS -XXX Page 32 of 33 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 bethe 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 75B-37 Ordinance No. NS -XXX Page 33 of 33 75B-38 LS 2.20.18 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING THE ADULT -USE CANNABIS RETAIL„REGISTRATION -APPLICATION �-,:FEE.z,, AND REGULATORY SAFETY PERMIT. FEE TO APPLY TO ANY COMMERCIAL CANNABIS BUSINESS IN ACCORDANCE WITH CHAPTERS 18 AND 40 OF THE SANTA ANA MUNICIPAL CODE 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 herebyfinds, determines and declares as follows: A. The "City of Santa Ana ("City”) currently requires that all medical, marijuana collectives/cooperatives permitted in Chapter 18 (Measure BB) and all adult -use commercial cannabis retail businesses permitted in Chapter 40 submit "a Registration Application and a Regulatory Safety Permit (RSP), the latter of which is renewed annually. Currently, the fees may only be collected for applicants seeking to apply for or renew. those permits associated for medical marijuana collectives/cooperatives and adult -use, commercial cannabis retail businesses. B. On October 17, 2017, the City Council of the City of Santa Ana placed on first reading and approved Ordinance No. NS -2929 adding Chapter 40 to the Santa Ana Municipal Code to allow and regulate adult -use cannabis retail businesses. C. On February 20, 2018, the City Council of the City of Santa Ana placed on first reading and approved Ordinance No. NS-XXXX amending Chapter 18 and Chapter 40 of the Santa Ana Municipal Code to allow and regulate commercial cannabis testing laboratories. C. Section 40-9 of the Santa Ana Municipal Code authorizes a registration application fee and regulatory safety permit fee related to the processing of applications to open and operate an adult -use cannabis retail business. D. Based on analysis and evaluation of staff time, equipment, and materials, these fees are recommended as set forth below. E. These fees shall become effective concurrently with the effective date of Ordinance No. NS-XXXX and shall be incorporated into the City's Uniform Schedule of Miscellaneous Fees for Fiscal Year 2017-18, as updated annually. EXHIBIT Resolution No. 2018 -XXX Page 1 of.3 75B-39 LS 2.20.18 Section 2. The City Council hereby modifies the Adult -Use Cannabis Retail Registration Application Fee". This fee will now apply to all commercial cannabis businesses permitted pursuant to Chapters 18 and 40 of the Santa Ana Municipal Code to include City staff costs associated with reviewing the required Phase 1 application pursuant to Chapters 18 and 40 and be referenced to as the "Commercial Cannabis Registration Application Fee'. City staff costs are $1,690.00 per application. The City Council hereby also modifies the "Adult -Use Cannabis Retail Regulatory Safety Permit (RSP) Fee' which will now be referenced to as the "Commercial Cannabis Regulatory Safety Permit (RSP) Fee'. This fee will apply to all commercial cannabis businesses permitted pursuant to Chapters 18 and 40 of the Santa Ana Municipal Code to include City staff costs associated with reviewing the required Phase 2 (RSP) application pursuant to Chapters 18 and 40. City staff costs are $12,086.00 per application. The dollar amounts attributed with these fees has not changed; merely thelisting name of the fee has changed so that it will include any commercial cannabis business. Section 3. Without further action of the City Council, the above -referenced fees re -named and affirmed by this Resolution shall be incorporated into the City's Uniform Schedule of Miscellaneous Fees for Fiscal Year 2017-18 and updated annually. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of , 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: �� c _ Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 75B-40 Resolution No. 2018 -XXX Page 2 of 3 AYES: NOES: ABSTAIN: NOT PRESENT: Councilmembers Councilmembers Councilmembers Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY LS 2.20.18 I, Maria D. Huizar, Clerk of the Council, do heteby certify the attached Resolution No. 2018 - to be the original resolution adopted by the City Council of the City of Santa Ana on .2018. Date: Clerk of the Council City of Santa Ana 75B-41 Resolution No. 2018-X)0( Page 3 of 3 75B-42 LS 2.20.18 RESOLUTION NO. 2018 -XXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA MODIFYING THE ADULT -USE CANNABIS RETAIL REGISTRATION APPLICATION FEE AND REGULATORY SAFETY PERMIT FEE TO APPLY TO ANY COMMERCIAL CANNABIS BUSINESS IN ACCORDANCE WITH CHAPTERS 18 AND 40 OF THE SANTA ANA MUNICIPAL CODE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. The City of Santa Ana ("City') currently requires that all medical marijuana collectives/cooperatives permitted in Chapter 18 (Measure BB) and all adult -use commercial cannabis retail businesses permitted in Chapter 40 submit a Registration Application and a Regulatory Safety Permit (RSP), the latter of which is renewed annually. Currently, the fees may only be collected for applicants seeking to apply for or renew. those permits associated for medical marijuana collectives/cooperatives and adult -use commercial cannabis retail businesses. B. On October 17, 2017, the City Council of the City of Santa Ana placed on first reading and approved Ordinance No. NS -2929 adding Chapter 40 to the Santa Ana Municipal Code to allow and regulate adult -use cannabis retail businesses. C. On February 20, 2018, the City Council of the City of Santa Ana placed on first reading and approved Ordinance No. NS-XXXX amending Chapter 18 and Chapter 40 of the Santa Ana Municipal Code to allow and regulate commercial cannabis testing laboratories. C. Section 40-9 of the Santa Ana Municipal Code authorizes a registration application fee and regulatory safety permit fee related to the processing of applications to open and operate an adult -use cannabis retail business. D. Based on analysis and evaluation of staff time, equipment, and materials, these fees are recommended as set forth below. E. These fees shall become effective concurrently with the effective date of Ordinance No. NS-XXXX and shall be incorporated into the City's Uniform Schedule of Miscellaneous Fees for Fiscal Year 2017-18, as updated annually. Resolution No. 2018-M Page 1 of 3 75B-43 LS 2.20.18 Section 2. The City Council hereby modifies the "Adult -Use Cannabis Retail Registration Application Fee'. This fee will now apply to all commercial cannabis businesses permitted pursuant to Chapters 18 and 40 of the Santa Ana Municipal Code to include City staff costs associated with reviewing the required Phase 1 application pursuant to Chapters 18 and 40 and be referenced to as the "Commercial Cannabis Registration Application Fee". City staff costs are $1,690.00 per application. The City Council hereby also modifies the "Adult -Use Cannabis Retail Regulatory Safety Permit (RSP) Fee" which will now be referenced to as the "Commercial Cannabis Regulatory Safety Permit (RSP) Fee'. This fee will apply to all commercial cannabis businesses permitted pursuant to Chapters 18 and 40 of the Santa Ana Municipal Code to include City staff costs associated with reviewing the required Phase 2 (RSP) application pursuant to Chapters 18 and 40. City staff costs are $12,086.00 per application. The dollar amounts attributed with these fees has not changed; merely the listing name of the fee has changed so that it will include any commercial cannabis business. Section 3. Without further action of the City Council, the above -referenced fees. re -named and affirmed by this Resolution shall be incorporated into the City's Uniform Schedule of Miscellaneous Fees for Fiscal Year 2017-18 and updated annually. Section 4. This Resolution shall take effect immediately upon its adoption by the City Council, and ,the Clerk of the Council shall attest to and certify the vote adopting this Resolution. ADOPTED this _ day of 2018. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Lisa Storck Assistant City Attorney Miguel A. Pulido Mayor 75B-44 Resolution No. 2018 -XXX Page 2 of 3 LS 2.20.18 AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Maria D. Huizar, Clerk of the Council, do hereby certify"the attached Resolution No. 2018 - to be the original resolution adopted by the City Council of the City of Santa Ana on 2018. Date: Clerk of the Council City of Santa Ana 75B-45 Resolution No. 2018->= Page 3 of 3 75B-46