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FULL PACKET_2019-05-21
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF SANTA ANA, CALIFORNIA APRIL 16, 2019 CLOSED SESSION MEETING CALLED TO ORDER COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:22 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUELA. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tern CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO (5:36 P.M.) COUNCILMEMBERS Absent: 'WARD 4 VACANT STAFF Present: STEVEN MENDOZA, Acting City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council . Ward 4 councilmember representative resigned on Friday, March 1, 2019. PUBLIC COMMENTS — None. COUNCIL RECESSED to Room 147 for Closed Session discussion at 5:23 p.m. CLOSED SESSION ITEMS - The Brown Act permits legislative bodies to discuss certain matters without members of the public present. The City Council finds, based on advice from the City Attorney, that discussion in open session of the following matters will prejudice the position of the City in existing and anticipated litigation: 1. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION pursuant to paragraph (1) of subdivision (d) of Section 54956.9 of the Government Code: A. Heather Heider v. City of Santa Ana, Orange County Superior Court, Case No. 30-2019-01055281-C U-OE-CJ C CITY COUNCIL MINUTES 1 APRIL 16, 2019 10A-1 B. Laura Franks and John Franks v. City of Santa Ana, Orange County Superior Court. Case No. 30-2019-01051892-CU-OE-CJC 2. PUBLIC EMPLOYEE EMPLOYMENT / APPOINTMENT pursuant to Government Code 54957 Title: Clerk of the Council, Acting Clerk of the Council, or Interim Clerk of the Council CLOSED SESSION REPORT - See Item 19A for any reportable actions. ADJOURNED THE CLOSED SESSION MEETING AT 5:55 P.M. AND CONVENED TO THE REGULAR OPEN MEETING. CITY COUNCIL MINUTES 2 APRIL 16, 2019 10A-2 CALLED TO ORDER REGULAR OPEN MEETING COUNCIL CHAMBER 22 CIVIC CENTER PLAZA 5:56 P.M. ATTENDANCE COUNCILMEMBERS Present: MIGUELA. PULIDO, Mayor JUAN VILLEGAS, Mayor Pro Tern CECILIA IGLESIAS DAVID PENALOZA VICENTE SARMIENTO JOSE SOLORIO COUNCILMEMBERS Absent: 'WARD 4 VACANT STAFF Present: STEVEN MENDOZA, Acting City Manager SONIA R. CARVALHO, City Attorney NORMA MITRE, Acting Clerk of the Council . Ward 4 councilmember representative resigned on Friday, March 1, 2019. PLEDGE OF ALLEGIANCE INVOCATION CEREMONIAL PRESENTATIONS MAYOR PULIDO HEATHER RILEY, POLICE CHAPLAIN SPECIAL PRESENTATION — Update on the transition of the Courtyard Emergency Homeless Shelter to a new location by Chief Officer Frank Kim, County of Orange. Mayor Pro Tern Villegas spoke. City Attorney Sonia Carvalho spoke. Councilmember Penaloza spoke. Councilmember Solorio spoke. Councilmember Iglesias spoke. Councilmember Sarmiento spoke. Mayor Pro Tern Villegas spoke. Councilmember Penaloza spoke. Councilmember Solorio spoke. Mayor Pulido spoke. Police Captain Kenneth Gominsky spoke. CITY COUNCIL MINUTES 3 APRIL 16, 2019 10A-3 Chief Officer Frank Kim spoke. Councilmember Sarmiento spoke. Councilmember Iglesias, directed City Attorney Carvalho to meet with councilmembers to discuss MOU with County and pending litigation. Directed City Manager to perform outreach to community. PROCLAMATION presented by MAYOR PULIDO naming April as Department of Motor Vehicles (DMV)/Donate Life California Month. PROCLAMATION presented by MAYOR PRO TEM VILLEGAS recognizing April 14th through April 20th as Telecommunications & Dispatcher Appreciation Week. CERTIFICATE OF RECOGNITION presented by COUNCILMEMBER SOLORIO recognizing Alexis Rodriguez Mejia for outstanding educational achievement. PROCLAMATION presented by COUNCILMEMBER PENALOZA naming April 7th through April 13th as National Library Week. CLOSED SESSION REPORT - See Agenda Item 19A for Closed Session Report. PUBLIC COMMENTS — None. AGENDA ITEM 85A TAKEN OUT OF ORDER COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85A. DISCUSS AND CONSIDER GIVING DIRECTION TO STAFF TO PROVIDE OPTIONS REGARDING THE CITY'S ABILITY TO ADDRESS RENT INCREASES IN MOBILE HOME PARKS WITHIN THE CITY AND / OR OTHER OPTIONS REGARDING PRESERVING AFFORDABLE HOUSING OPTIONS WITHIN MOBILE HOME PARKS — Councilmember Sarmiento The following spoke on the matter: Al• Soper, in support of rent control. • Jarryd Gonzales, on behalf of WMA, unsupportive of rent control. • Mary Jo Baretich, on behalf of GSMOL, in support of rent control. CITY COUNCIL MINUTES 4 APRIL 16, 2019 10A-4 • Rosa Pisano, in support of rent control. • Qui Vuong, in support of rent control. • Son Du, in support of rent control. • Tri Le , in support affordable rent. • Joann Jones, in support affordable rent. • Joseph Newbirk, concerned with increasing rent. • Benita Pimentel, request assistance rental increase. • Tuat Mixl, in support of rent control. • Dao Tran, in support of rent control. • Butch Rogers, request assistance with rental increase. • Bernice Howard, in support of rent control. • Raymond Howard, request assistance with rental increase. • Tammy Dawson, in support of affordable rent. • John Syrek, request assistance with rental increase. • James Marchbank, in support of affordable rent. • Christina Fay, in support of rent control. • Anh Tram, request assistance with rental increase. • Huong Luong, request assistance with rental increase. • Cal Tran, request assistance with rental increase. • Ham Nguyen, in support of rent control. • Hong Le, in support of rent control. • Chien Huynih, stop increasing rent. • Nguyet Bui, in support of rent control. • Anna Dang, request assistance with rental increase. • Lynn Bien, request assistance with rental increase. • Rosanne Clark, request assistance with rental increase.. • Espie Martinez, in support of rent control. • Doris Martinez, in support of rent control. • Viorel Artin, in support of rent control and request protection against unjustified evictions. • Annie Montejano, son Edward Montejano spoke on her behalf, in support comments made by prior speakers. • Nancy Caldwell, request assistance with rental increase. • Manuel Barrera, unable to afford rental increase. • Vickie Talley, addressed City Council to request an opportunity to address concerns Council discussion ensued. Councilmember Sarmiento spoke. Requested and motioned City Attorney Carvalho to provide options in address mobile home park resident concerns and explore possibility to enact a cooling -off period, moratorium. Mayor called for a second, motion died due to a lack of a second.' CITY COUNCIL MINUTES 5 APRIL 16, 2019 10A-5 Councilmember Solorio spoke. In support of rental assistance programs. Directed City Attorney Carvalho to explore enforcement of a moratorium. City Attorney Carvalho spoke, provided City Council with ongoing research and possible enforcement actions options. Councilmember Iglesias spoke. Directed staff to meet with property owners and homeowners to attempt to find a compromise. Mayor Pro Tern Villegas spoke. Requested staff to provide statistical data, potential city resources, and additional details to better understand community concerns. City Attorney Carvalho, request direction via a motion from the majority of the council. Councilmember Iglesias, motioned to direct staff to meet with property owners, gather information, and return to council with an update. Councilmember Penaloza, requested clarification on motion made earlier by Councilmember Sarmiento. " Councilmember Solorio, clarified he had seconded Councilmember Sarmiento's motion earlier with comment. Councilmember Sarmiento spoke. Mayor Pulido, unsupportive of a moratorium until information is gathered. Councilmember Penaloza, concerned with rental increase. Supportive of engaging residents to gather additional data. City Attorney Carvalho, can research, provide options, meet with property owners; and request council to provide specific direction to staff. Councilmember Solorio spoke. Councilmember Penaloza, expressed concern with the language in the Mobile Home Assistance Program. Vickie Tally, addressed council's concern regarding the Mobile Home Assistance Program. City Attorney Carvalho, spoke. CITY COUNCIL MINUTES 6 APRIL 16, 2019 10A-6 AMENDED MOTION: Direct City Manager to request staff to research, obtain facts, reach out to advocacy groups and the two property owners, and provide an update of options by May 7, 2019, to allow council to deliberate at the May 21, 2019, City Council Meeting. MOTION: Sarmiento SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) CONSENT CALENDAR ITEMS MOTION: Approve staff recommendations on the following Consent Calendar Items 11A through 198: MOTION: Solorio SECOND: Villegas VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas (6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. ADMINISTRATIVE MATTERS MINUTES CITY COUNCIL MINUTES 7 APRIL 16, 2019 10A-7 10A. MINUTES FROM THE REGULAR MEETING OF MARCH 19, 2019 {STRATEGIC PLAN NO. 5, 11 — Clerk of the Council Office MOTION: Approve Minutes. MISCELLANEOUS ADMINISTRATION 19A. CONFIRMATION OF CLOSED SESSION ACTION(S) — None. 19B. EXCUSED ABSENCES — Clerk of the Council Office ""END OF CONSENT CALENDAR" BUSINESS CALENDAR ITEMS RESOLUTIONS 55A. ADOPT A RESOLUTION AFFIRMING PROJECTS FOR CALIFORNIA SENATE BILL 1 (SB1) FUNDING IN THE AMOUNT OF $5,598,541 FOR FISCAL YEAR 2019-20 CAPITAL IMPROVEMENT PROGRAM {STRATEGIC PLAN NO. 6, 1G) — Public Works Agency MOTION: Adopt a resolution. RESOLUTION NO. 2019-020 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA ADOPTING A LIST OF PROJECTS TO BE FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT MOTION: Villegas SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. CITY COUNCIL MINUTES 8 APRIL 16, 2019 10A-8 55B. ADOPT A RESOLUTION AND AUTHORIZE GRANT APPLICATION SUBMISSION IN THE AMOUNT UP TO $1,500,000 FOR THE SMART WATER METER AND ENERGY EFFICIENCY PROGRAM (NON -GENERAL FUND) {STRATEGIC PLAN NO. 6, 1 G) — Public Works Agency Councilmember Penaloza spoke. Public Works City Engineer William Galvez spoke. Public Works Water Resources Manager Nabil Saba spoke. MOTION: 1. Adopt a resolution. RESOLUTION NO. 2019-021 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AUTHORIZING AN APPLICATION FOR GRANT FUNDING BY THE BUREAU OF RECLAMATION'S WATERSMART WATER AND ENERGY EFFICIENCY GRANT PROGRAM FOR THE AUTOMATED METER INFRASTRUCTURE PROJECT 2. Authorize the Executive Director of Public Works to submit a grant application for Department of the Interior, Bureau of Reclamation's WaterSMART Water and Energy Efficiency Program, for the Automated Meter Infrastructure Project, in the amount up to $1,500,000. MOTION: Villegas SECOND: Solorio VOTE: AYES: Iglesias, Penaloza, Pulido, Sarmiento, Solorio, Villegas(6) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. PUBLIC HEARINGS 75A. PUBLIC HEARING: ABANDONMENT NO. 19-01 TO VACATE A PORTION OF FIFTH STREET {STRATEGIC PLAN NOS. 3, 2; 5, 31 — Public Works Agency City Council adopted a resolution of the City's intent to vacate on March 19, 2019 by a vote of 5-0 (Sarmiento absent, Ward 4 vacant). Legal Notice published in the Orange County Reporter on April 5, 2019 and April 12, 2019. CITY COUNCIL MINUTES 9 APRIL 16, 2019 10A-9 Mayor Pulido opened the Hearing. There were no speakers and the Hearing closed. Councilmember Iglesias spoke. Public Works Agency Principal Civil Engineer Taig Higgins spoke. Mayor Pulido spoke. MOTION: Adopt a resolution. RESOLUTION NO. 2019-022 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA ANA VACATING A PORTION OF FIFTH STREET BETWEEN SUNSET STREET AND HAWLEY STREET (ABANDONMENT NO. 19-01) MOTION: Villegas VOTE: AYES: NOES: SECOND: Pulido Penaloza, Pulido, Villegas(5) Iglesias (1) None (0) ABSENT: None (0) Ward 4 representative vacant. Sarmiento, Solorio, JOINT SESSION OF THE CITY COUNCIL AND THE HOUSING AUTHORITY 80A. JOINT SESSION - APPROVE TWO LOAN AGREEMENTS WITH TINY TIM LP FOR THE TINY TIM PLAZA AFFORDABLE HOUSING PROJECT - GRANT FUNDED {STRATEGIC PLAN NO 5, 31 — Community Development Agency Councilmember Iglesias spoke. Acting City Manager Mendoza spoke. Community Development Housing Division Manager Judson Brown spoke. City Attorney Carvalho spoke. MOTION: 1. Authorize the City Manager and the Clerk of the Council to execute a Loan Agreement with Tiny Tim LP (c/o Community Development Partners) for $1,300,000 in Inclusionary Housing Funds to create 51 units CITY COUNCIL MINUTES 10 APRIL 16, 2019 10A-10 of affordable housing at 2223 West Fifth Street in Santa Ana, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-058). 2. Authorize the City Manager and Clerk of the Council to execute a Subordination Agreement with Citibank, N.A., for the City's Inclusionary Housing Loan Agreement with Tiny Tim LP, subject to non -substantive changes approved by the City Manager and City Attorney (AGMT. No. 2019-059). MOTION: Villegas SECOND: Solorio VOTE: AYES: Penaloza, Pulido, Sarmiento, Solorio, Villegas (5) NOES: Iglesias (1) ABSTAIN: None (0) ABSENT: None (0) Ward 4 representative vacant. AGENDA ITEM 85A TAKEN OUT OF ORDER, CONSIDERED EARLIER. COUNCIL AGENDA ITEMS Pursuant to Santa Ana Charter Section 411, any member of the City Council may place items on the City Council Agenda to be considered by the City Council. 85B. RECEIVE UPDATES FROM SANTA ANA POLICE DEPARTMENT, AND DISCUSS AND PROVIDE DIRECTION TO STAFF AS APPROPRIATE, REGARDING POLICE OFFICER HIRINGS, SEPARATIONS AND VACANCIES FOR FISCAL YEAR 2018/19 — Councilmember Solorio Councilmember Solorio spoke. Police Chief Dave Valentine spoke. Mayor Pro Tern Villegas spoke. Mayor Pulido, requested Police Chief Valentin to project potential efficiency increase, desirable recruitment level to reach full capacity, and estimated milestones. Councilmember Penaloza spoke. Councilmember Iglesias spoke. CITY COUNCIL MINUTES 11 APRIL 16, 2019 10A-11 Councilmember Solorio spoke. Councilmember Iglesias spoke. Mayor Pro Tern Villegas spoke. Councilmember Solorio, supportive of using city employees for park security services. Councilmember Penaloza spoke. Mayor Pulido, requested to take advantage of the Public Safety Committee to take a deeper look and report back to council with memos and budget. RECESSED CITY COUNCIL MEETING AT 9:52 P.M. TO THE HOUSING AUTHORITY MEETING AND RECONVENED WITH SAME MEMBERS PRESENT AT 9:53 P.M. COMMENTS 90A. CITY MANAGER'S COMMENTS Over a thousand students will be participating in the 2019 National Forensic Association Championship Tournament, April 18, 2019 at the Santa Ana High Auditorium PUBLIC COMMENTS (Non-Agendized Items). • Dale Helvig, thanked City Council and staff support for Santiago Park cleanup event. • Paul Berry, informed City Council of upcoming Community Choice Aggregation conference. • Terrence Finneran, unsupportive of proposed County homeless shelter. • Sara Sibia, unsupportive of proposed County homeless shelter. • Peter Katz, thanked Mayor Pro Tern Villegas for attending Wall of Heels event. Requested City Council to consider recognizing Santa Ana servicemen and women who lost their lives in Vietnam. • Carlos Bonanni, expressed concern over upcoming tax rate increase and homeless problem along the railroad tracks. • Chris Schimdt, expressed concern over excluding community from homeless shelter decision process. • City Attorney Carvalho spoke. • Gina Casados, expressed concern over the type of homeless that will be housed in the proposed County homeless shelter. CITY COUNCIL MINUTES 12 APRIL 16, 2019 10A-12 90B. CITY COUNCILMEMBER COMMENTS Councilmember Sarmiento, noted ongoing improvement project at Centennial Park. Directed staff to improve screening on the pipeline on the bridge overpass. Mayor Pro Tern Villegas, provided report on attendance at Difference Makers event and attendance at Wall of Heels Vietnam Veterans Memorial event. Opined need to hold County responsible in addressing homeless issue. Councilmember Solorio, noted potential state legislation regarding homeless issue. Requested under our policy, sign a letter of support of Assemblywoman Sharon Quirk-Silva's legislation. Councilmember Penaloza, provided report on meeting with Judge Carter, tour at Link Shelter, and attendance at Madison Park Elementary food bank event. Councilmember Iglesias, provided attendance report at Orange County Sanitation District, SOCAG, OCAD, OCAG general assembly, and meeting with Judge Carter. Mayor Pulido, directed staff to provide historical review of homeless issue, litigation, and City response. Requested councilmembers to consider supporting ad hoc committee to address street and sewer maintenance needs ADJOURNED - 10:31 P.M. - The next meeting of the City Council is scheduled for Tuesday, May 7, 2019 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. Adjourn Meeting in Memory of Retired Fire Captain Steve Snyder, Orange County Fire Authority Norma Mitre, Acting Clerk of the Council FUTURE AGENDA ITEMS • CONSIDERATION OF SEVENTEENTH AND TUSTIN ANNEXATION • GENERAL PLAN UPDATE • FISCAL YEAR 2019-2020 BUDGET CITY COUNCIL MINUTES 13 APRIL 16, 2019 10A-13 1 OA-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: ORDINANCE SECOND READING: AMENDING SECTION 10-196 TO 10-199 TO CHAPTER 10, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE RELATING TO THE RECOVERY OF EMERGENCY RESPONSE COSTS FOR DRIVING UNDER THE INFLUENCE INCIDENTS (STRATEGIC PLAN NO. 5,1) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Place ordinance on second reading and adopt. DISCUSSION On May 7, 2019, the following ordinance was introduced for first reading and City Council authorized publication of title by a vote of 6-0: ORDINANCE NO. NS-2965 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 10-196 TO 10-199 TO CHAPTER 10, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE AND RE-CLASSIFYING ARTICLE III TO INCLUDE A SECTION FOR THE RECOVERY OF EMERGENCY RESPONSE COSTS FOR DRIVING UNDER THE INFLUENCE INCIDENTS In summary, the Ordinance (Exhibit 1) allows the City of Santa Ana to recover reasonable costs when providing an appropriate emergency response to an incident proximately caused by a persons' negligent operation of an automobile while under the influence of an alcoholic beverage or drug, pursuant to Government Code Section 53150. Reasonable costs Include the costs of providing police, firefighting, rescue, and emergency medical services at the scene of the incident, as well as the salaries of the personnel responding to the incident. This ordinance would not apply to a simple DUI arrest that did not require an emergency response from the firefighting, rescue, and medical services described above. 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 11 A-1 Second Reading Ordinance: Amending SAMC Related to DUI Recovery Cost May 21, 2019 Page 2 initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. Norma Mitre Acting Clerk of the Council Exhibit: 1. Ordinance No. NS-2965 11 A-2 EXHIBIT 1 TB 5.21.2019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA AMENDING SECTIONS 10-196 TO 10-199 TO CHAPTER 10, ARTICLE III OF THE SANTA ANA MUNICIPAL CODE AND RE-CLASSIFYING ARTICLE III TO INCLUDE A SECTION FOR THE RECOVERY OF EMERGENCY RESPONSE COSTS FOR DRIVING UNDER THE INFLUENCE INCIDENTS 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: j A. It is the policy of the City to encourage careful and responsible conduct by persons operating motor vehicles within our city limits. f B. It is also the policy of the City to discourage the "operation of motor vehicles while under the influence of alcohol and/or drugs. C. The City has further determined that people who negligently operate motor vehicles while under the influence of alcohol and/or drugs impose a burden upon City services above and beyond the regular services normally required for traffic law enforcement. D. The City has further determined that persons who negligently operate motor vehicles while under the influence of alcohol and/or drugs should bear a share of the extraordinary burden on the public risk they create. y: E. In furtherance of these policies and in light of these findings, the City has implemented a program for the recovery of emergency response costs for driving under the influence incidents. The program is expressly authorized by California Government Code Sections 53150 through 53158. Those statutory sections set forth some of the procedures for the recovery of emergency response costs. The sections, however, leave open for interpretation certain procedures and definitions. It is the intent of the City in adopting this ordinance to supplement the statutory provisions found in the Government Code and to specify precise definitions and procedures for the implementation of the City's emergency response cost recovery program as it applies to driving under the influence incidents. 11 A-3 TB 5.21.2019 Section 2. Sections 10-196 through 10-199 are hereby amended to add the following to the Santa Ana Municipal Code to read as follows: ARTICLE III. EMERGENCY RESPONSE COST RECOVERY Section 10-196 - DUI Cost Recovery Program (a) Definitions and procedures for implementation of costs recovery program (1) For purposes of this chapter, a person is under the influence of an alcoholic beverage or any drug, or combined influence of an alcoholic beverage and any drug, when as a result of drinking an alcoholic beverage or using a drug, or both, his or her physical or mental abilities are impaired to a degree that he or she no longer has the ability to operate a motor vehicle with the caution and characteristic of a sober person of ordinary prudence under the same or similar circumstances. For the purposes of this chapter, the presumptions described in provisions of Section 23152 of the California Vehicle Codeshall apply. (2) For purposes of this chapter, an "emergency response" is one for which police personnel and equipment respond to an "incident".beyond the police response required for a mere traffic stop leading to an arrest. (3) For purposes of this chapter, an "incident�is an event involving any person who is under the influence of an alcoholic beverage or any drug, or the combined influence of an alcoholic beverage and any drug, whose negligent operation of a motor vehicle due to the influence,proximately causes an event requiring an emergency response as defined in Section 10-196(a)(2). Although a collision is not necessary to create an"incident", an ordinary arrest for driving under the influence is insufficient. Section 10-197 - Emergency Cost Recovery Calculation of the amount due for an "emergency response' shall include all actual costs incurred by the City in responding to the incident, including salary, benefits and overhead as established by resolution of the City Council, for each member of police responding to the incident, the cost of equipment on scene, and the cost of repairing and replacing equipment damaged at the scene. This also includes the cost of obtaining medical assistance, removing vehicles, investigating the cause of the accident, conducting field sobriety tests, arrest and booking of suspect, performing chemical tests, writing customary reports and follow up investigation needed to complete reports. 11 A-4 TB 5.21.2019 Section 10-198 - Collection of Charges (a) The Chief of Police or his/her designee shall calculate the charges payable under this section and shall forward the information that is required to invoice the person responsible for the incident to the Finance and Management Services Agency. (b) If the person responsible for the incident is a minor, then the parents or guardian of such minor shall be liable for the cost of the emergency response as defined in this chapter. (c) If the invoice remains unpaid within thirty (30) days after it is mailed, and no arrangements have been made for payments, at its discretion, the City may pursue any and all legal and equitable remedies to collect the unpaid invoice pursuant to this chapter, including the commencement of a collections action. Pursuit of one remedy does not preclude the pursuit of another remedy. Section 10-199 -Appeal Any person who wishes to file an appeal of an invoice.issued pursuant to this chapter, may do so pursuant to Chapter 1 (Section 21.8) within fifteen (15) days from the issuance of the invoice. Section 3. Severability If any section, subsection, sentence, clause, phrase or portion of this chapter 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 chapter. The City Council declares that it would have adopted 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 4. Enforcement of other laws: Changes in State law Nothing in this chapter prevents the City from enforcing other laws pertaining to the recovery of emergency response costs, including recovery pursuant to Government Code Sections 53150 through 53158, or pursuant to any subsequently enacted laws or amendments to existing laws. ADOPTED this _ day of May, 2019. Miguel A. Pulido Mayor 11 A-5 TB 5.21.2019 APPROVED AS TO FORM: So nj C�arvalho, ity Attorney 7 By: TiMdri Bogosian Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: ABSENT: Councilmembers: CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Clerk of the Council, do,hereby attest to and certify that the attached Ordinance No. NS-XXXX to be the original ordinance adopted by the City Council of the City of Santa Ana on / , and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: / Clerk of the Council City of Santa Ana 11 A-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 21, 2019 TITLE: APPROVED ❑ As Recommended APPOINT IGNACIO ALEGRE BOB ❑ As Amended El on Is' Reading TUCKER, DENNIS VARNUM AND ❑ Ordinance on 2n° Reading CHRISTINE SNAPPER TO THE ❑ Implementing Resolution WORKFORCE DEVELOPMENT BOARD ❑ Set Public Hearing For FOR A FOUR-YEAR TERM EXPIRING MAY 31, 2023 (STRATEGIC PLAN NO 5,1) CONTINUED TO FILE NUMBER CITY MA AGER RECOMMENDED ACTION 1. Reappoint Ignacio Alegre, Bob Tucker, and Dennis Varnum to the Santa Ana Workforce Development Board for a four-year term expiring May 31, 2023; 2. Appoint Christine Snapper to the Workforce Development Board representing the County of Orange Social Services Agency (replacing Batez) for a full four-year term expiring May 31, 2023. WORKFORCE DEVELOPMENT BOARD ACTION At its regular meeting on March 21, 2019, by a vote of 15:0 (Baetz, Luviano absent) the Workforce Development Board approved the recommended action. DISCUSSION On May 17, 2016, the Santa Ana City Council adopted Resolution 2016-031 establishing the Santa Ana Workforce Development Board (WDB) and appointed 25 members. In accordance with the federal Workforce Innovation and Opportunity Act (WIOA) Section 107(b)(2)(A-D) a local WDB board is to be comprised of representatives from specific categories and that the number of WDB members in the categories be proportional in different ways to the total membership while maintaining a greater than 50 percent representation from the business sector. WDB Board members are to be appointed by Council under the categories of membership, prescribed by law, as follows: 13E-1 Appoint Board Members For a Four Year Term Expiring May 31, 2023 May 21, 2019 Page 2 • Representatives from local businesses 13 members • Representative from labor, labor registered 5 members apprenticeship, and/or community based organization • Representatives from local education institutions 3 members • Representative from government entities 4 members (Dept. of Rehabilitation, Social Services Agency, EDD, and Economic Development) Presently, there are four members whose terms expire May 2019 and are being recommended for reappointment for a full four-year term. Mr. Ignacio Alegre represents the Department of Rehabilitation, Mr. Bob Tucker represents labor, and Mr. Dennis Varnum represents the Employment Development Department. Workforce Development Board member Debra Bates, representing the County of Orange Social Services Agency, has resigned. Social Services Agency is nominating Ms. Christine Snapper to represent on the WDB. All reappointing members are active and committed to the goals of the City of Santa Ana and of the Workforce Development Board. STRATEGIC PLAN ALIGNMENT Approval assists the City in meeting Goal #5 (Community Health, Livability, Engagement and 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 discussion public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this item. Executive Director Community Development Agency Exhibits: 1. Resumes — Ignacio Alegre, Bob Tucker, Dennis Varnum 2. Nomination Letter —Christine Snapper 13E-2 EXHIBIT 1 Ignacio Alegre Office: 2002 E. McFadden, Suite100 Department of Rehabilitation Santa Ana, CA 92705 714.662-6042 ialeareAdor.cagov ACADEMIC PREPARATION: M.S. in Counseling, California State University, San Diego, CA, 2009 Emphasis: Vocational Rehabilitation & Psychological Testing Concentration: Learning Disabilities, Psychiatric & Physical Limitations M.A. in Sociology, California State University, Fullerton, 2005 Emphasis: Research Methods and Statistical Analysis Concentrations: Juvenile Delinquency, Criminal Justice & Social Disabilities. Thesis: Father Presence, Purpose in Life and Achievement, among Latinos Advisors: Dr. Rae Newton & Dr. Edythe Krampe B.A. in Psychology, California State University, Fullerton, 2003 Concentrations: Social Psychology & Theoretical Schools of Thought A.A. in Liberal Arts, Cypress College, Cypress, CA, 2001 Emphasis: Psychology & Sociology 13E-3 1:00:I171 ai RESEARCH SRILLS: • Applied Research studies to improve the Quality of Life ■ Research Methods ■ Utilized SPSS and SAS statistical programs extensively ■ Survey development and administration ■ Extensive knowledge of research methods (Basic vs Applied) ■ Advanced knowledge of Inferential and Descriptive Statistics ■ Need Assessments ■ Grant Writing • Work/Vocational Assessments ■ Social Adjustments HONORS: Most Inspirational Graduate, 2005 Sigma Alpha Gamma Alpha, 2004 Graduate Honor Society, 2003 LANGUAGES: • Fluent in English and Spanish ■ Ability to speak, read and write in the above languages PROFESSSIONAL EXPERIENCE: Rehabilitation Supervisor, 2010- Present California Dept. of Rehabilitation, Santa Ana, CA Under the general direction of the Rehabilitation Administrator II (District Administrator), the Rehabilitation Supervisor supervises the activities of a unit, consisting of teams of Senior Vocational Rehabilitation Counselors - Qualified Rehabilitation Professionals; Senior Vocational Rehabilitation Counselors (Service Coordinators), Employment Program Representatives (Vocational Rehabilitation Employment Coordinator), Office Technicians and Support Services Assistants performing duties related to the service delivery system. Performs the more difficult program support functions such as Workforce Investment Board (WIB) activities, contract negotiations and contract compliance, planning, vocational program evaluation, & development monitoring of administrative & service budgets, & community relations. Using initiative, good judgment, & resourcefulness, the Rehabilitation Supervisor must analyze situations & resolve problems effectively, 13E-4 EXHIBIT 1 Psychology Professor, 2009-2012 Adjunct Faculty at Cerritos College, Norwalk, CA Teach Elementary Statistics 210 -Applied Research Methods -Statistical Significance -Descriptive vs. Inferential Statistics Psychology Instructor, 2005 — 2010 Adjunct Faculty at Cypress College, Cypress, CA Teach Introduction to Statistics & Probabilities 161 -Qualitative vs. Quantitative Research Designs -Research Methods Teach Introduction to Psychology 100 Teach Introduction to Sociology 101 Teach Development Psychology 139 Senior Vocational Rehabilitation Counselor, 2005- Present California State Department of Rehabilitation, Anaheim, CA Provide vocational rehabilitation therapy Provide vocational & guidance counseling Develop Individualized Plans for Employment Criminal Justice Instructor, 2005-2007 Adjunct Faculty of Criminal Justice, Westwood College, Anaheim, CA Courses taught: Introduction to Criminal Justice 100 Juvenile Justice 200 Introduction to Gangs 300 Criminology 400 Instructor, 2002- 2005 Orange County Bar Foundation, CA Santa Ana and Fullerton Courthouse (part-time). Instruct the Short Stop program. Short Stop is a juvenile delinquent first time offenders program. hvstruct the Stop Short of Addiction Juvenile program. Research Assistant, 2003-2004 Faculty of Sociology, California State University, Fullerton, CA ■ Assisted Dr. Krampe on a Father Presence Special Sociological Project ■ Collected and analyzed data, using SPSS and SAS programs Family Support Counselor, 2002- 2003 Children's Bureau of Southern California, Santa Ana, CA Implement & Coordinate the Great Beginnings Program Father's Program Facilitator 13E-5 EXHIBIT 1 Provide resources and services to at risk families. Provide in home counseling and parenting skills. Youth Counselor, 1997- 2000 Good News Family Christian Center, Anaheim, CA Preventing Juvenile Delinquency Family Unity Advocate PROFESSIONAL MEMBERSHIPS: American Psychological Association Society For The Study of Social Problems Western Psychological Association PAPERS PRESENTED AT CONFERENCES: Parent Involvement and their Children's Success Academic Success & Purpose of Life, Among Latinos Expanding Vocational Rehabilitation (VR) Outreach Programs to Asian American CURRENT RESEARCH INTERESTS: Psychiatric Impairments, Statistical Analysis, Applied Behavioral Analysis, Multi -Cultural Relationships, Job Placement Theories, Social Learning Theories, Multi -Cultural Society Studies, Disability Movements, Medical Aspects, Labor Market Analysis, Academic Success & Successful Vocational Transitions 13E-6 EXHIBIT 1 REFERENCES: Letters of recommendations available upon request. The following persons have written letters of recommendation on my behalf: Nina DeMarkey, Dean Social Science Division Cypress College Cypress, CA 90630 Dr. Rae Newton, Professor School of Sociology California State University, Fullerton, CA Dr. Edythe Krampe, Professor School of Sociology California State University, Fullerton, CA Dr. Lorraine Prinsky, Professor School of Sociology California.State_University,.Fullerton, CA Dr. Poorjak, Professor School of Sociology California State University, Fullerton, CA Dr. Yamile Fernandez Psychologist C.F.C.B.N., Santa Ana, CA Jose Contreras Social Worker Orange County Social Services, Santa Ana, CA Dr. Randy Martinez School of Psychology Cypress College, Cypress, CA Todd Bell, M.S. School of Criminal Justice Westwood College, Anaheim, CA Alejandro Tovares, M.S. Program Supervisor Children's Bureau of Southern California, Santa Ana, CA Carlos Sandoval, M.S. Psychology Professor at Cerritos College, Norwalk, CA 13E-7 EXHIBIT 1 Bob Tucker - Biography Labor Representative Background and Education Born in Baltimore Maryland but have lived in Orange County California since 1966. 1 graduated from Valencia HS in Placentia and attended two years of college at Cal State Fullerton majoring in Communications. As a local union chapter president in Huntington Beach City School District 1992-2001 and later as a Labor Relations Representative (LRR) for the California School Employees Association (CSEA) 2001-2017, 1 learned and participated in Interest Based (collaborative) Bargaining, Health and Welfare policy and advocacy, legal rights of public employees, the rights of special needs students, and administrative law including a general knowledge of the rules of evidence. I am well versed in the Educational Employment Relations Act (EERA) implemented via the Public Employment Relations Board (PERB). Additionally, I became well versed with the Merit System civil service rules as a Personnel Commissioner in Garden Grove Unified for 10 years (2002-2012) and as an employee advocate in Los Angeles Unified for 2 years (2015-2017). 1 recently received (2017) my certificate of completion on Basic Mediation training from the OC Human Relations Commission. I completed the OC Superior Court Leadership Academy for 2017. Gathering Facts I learned the importance of gathering facts initially as a Classified Employee Union Steward in school districts and, then as a Labor Rep for CSEA. I have experienced and participated in Impasse and Fact Finding, Arbitration Hearings, Personnel Commission Hearings as well as non -merit disciplinary hearings. Not exhausting the fact -gathering process will not lead to justice or fair due process. I also set the foundation for (grievance, arbitration) and observed a Superior Court hearing and ultimately a successful Appellate Court hearing in 2004. (CSEA v. Tustin Unified). I served successfully as a Superior Court Jury Foreperson in 2015 in a Civil case regarding a Trust law issue. Analyzing Data Obviously I would need to be able to gather and analyze data in the above mentioned list. In addition, I served on a Request for Proposal(RFP) Committee three times as the Chair of the Youth Council for the Santa Ana Workforce Investment Board for over 4 years. I observed and participated on several Health Benefits Committees in School Districts, including Huntington Beach City School District, Irvine Unified School District, Laguna Beach Unified School District, Tustin Unified School District, Los Angeles Unified School District. The gathering and interpreting of data for healthcare business and bargaining is critical. I have lead bargaining in all of those school districts except LAUSD however, in LAUSD and GGUSD analyzing data for reclassification of classified employees in their Merit System processes was a regular occurrence. I have requested and analyzed various school district budgets including LAUSD in 2017. 13E-8 EXHIBIT 1 Bob Tucker — Biography Labor Representative Page 2 Report Writing I have written grievances and arbitration briefs as a union steward and labor rep. I have written and filed several Unfair Labor Practices with PERB as recently as September 2016 (CSEA v LAUSD Prima Facie established, case settled amicably) Committee Work (volunteer/paid) I have served and lead many classified employee negotiations committees (1994-2016) 1 have served on a request for proposal committee for the Santa Ana Workforce Development Board. (2014, 2017, 2019) 1 have served on several Health Benefits Committees for school districts, including LAUSD (2017) which oversees an annual $1.6 Billion H+W budget. I have served on various political action committees including recent (2017) Healthy CA (single - payer healthcare advocacy) I am active with my local chapter of the California Alliance for Retired Americans (CARA) which advocates politically on Senior issues, including a new and improved (incl. dental and vision and no OOP) Medi Care for All Bill in Congress I am active with the OC LGBTQ+ Center committee, "Youth First OC" which currently advocates for and is drafting a LGBTQ+ Student Bill of Rights in California. Teach class (occasionally) on navigating the workplace to high school students Personal Weight Training/Swimming Short Story/Poetry Writing Travel 13E-9 �1 EmploymEXHIBI ent ' EDD Development Gavin Newsom, Governor Department CaliforniaLabor and Workforce Development Agency Slate of California May 2, 2019 Deborah Sanchez Community Development Agency Economic Development Division/Santa Ana WDB 801 W. Civic Center Drive #200 Santa Ana, CA 92701 Dear Ms. Sanchez, The Employment Development Department (EDD) nominates Dennis Varnum, Employment Program Manager III — Orange County Cluster Manager, as EDD's continued representative on the Santa Ana Workforce Development Board (WDB). With almost two years of experience serving in this capacity on your board, along with the Youth Council for several years, I believe Dennis will continue to add value through his contributions to the board and its sub -committees. Dennis is directly responsible for the budget and staffing of all of our America's Job Centers of California (AJCC) within Orange County and adds the additional perspective of operating Wagner Peyser (WP) services for EDD in the three Local Workforce Development Area's (LWDA's) in the region. As a senior manager within' our operations in the Orange County Region, he also has extensive knowledge and experience in working with the diverse partners of the workforce development community. He has provided oversight on many collaborative efforts among the Workforce Development Boards and their AJCC's, in working towards further integration of resources and more efficient customer service delivery. He also has served as EDD's representative on the Santa Ana WDB's Youth Council for several years and has been a committee member on several request for proposal reviews for youth service providers. In addition, as EDD is a Title III mandatory partner under the Workforce Innovation and Opportunity Act (WIOA), Dennis will provide the needed support in this capacity by assuring that our WP resources are leveraged in the most integrated manner, to enhance the workforce development system within the City of Santa Ana and our surrounding service communities in Orange County. We have enjoyed a long standing partnership with the city and as such, we look forward to our continued efforts to prepare our job seekers for sustainable employment, along with serving the employer community by providing them with a competitive qualified workforce to fill their job openings. Your time and consideration of.this nomination is most appreciated. Sincer Rbb audio, Deputy Division Chief Southern Workforce Service Division Orange County Region 801 West Civic Drive, 2nd Floor, Santa Ana, CA 92701 13E-10 EXHIBIT 1 Dennis Varnum EMAIL: dtvamum@gniO.com Employment Development Administrator PROFESSIONAL PROFILE • Versatile Workforce executive with hands-on experience as a One Stop Operator. • Strategic professional who deploys participative management style in fast -paced, diverse workforce. • Proactive change agent who spends time in employee environment encouraging learning and promoting the increased productivitythat results in value-added customer service. • Excellent team builder and consultant on personnel issues and organizational development. • Human -resource strategy, objectives, policies, programs • Employee and management training • Succession planning/managementptactices and programs • VIA Adult and Dislocated Worker experience • Diversityprograms • Facility management One Stop contract funding and budgeting • Executive Director of WIE Consortium AREAS of E%PERTISE • Policyassessment • Leader's role in EEO program • Muld-unit management • Operations management • Performance management • EEOQ AA$ OSHA, W/C, and other federal, state, and local compliance program needs, including training, investigation, and prevention programs PROFESSIONAL E%PERIENCE Resolving Conflicts and Negotiating with Others — Handling complaints, settling disputes, and resolving grievances and conflicts, or otherwise negotiating with others. • Mediated One Stop partner and EDD disputes • Resolved employer/employee conflict by non -confrontational mediation • Liaison for payroll and accounting issues for cluster staff • Resolve personnel problems or grievances • Resolve worlrer or management conflicts Staffing Organizational Units — recruiting, interviewing, selecting, hiring, and promoting employees in an organization • Assess staff or applicant shill levels • Develop staffing plan • Establish recruiting procedures • Evaluate information from employment interviews • Hire, discharge, transfer, or promote workers • Implement recruiting procedures • Interviewjob applicants • Maintain job descriptions • Recommend personnel actions, such as promotions, transfers, and dismissals • Recruit employees • Seek out applicants to fill job openings 13E-11 EXHIBIT 1 Communicating with Supervisors, Peers, or Subordinates — Providing information to supervisors, co-workers, and subordinates bytelephone, in written form, e-mail, or in person. • Conduct or attend staff meetings • Prepared dailyand weekly reports to senior management and staff. • Consult with managerial or supervisorypersonnel Coordinating the Work and Activities of Others — Getting members of a group to worktogetherto accomplish tasks. • Confer with other departmental heads to coordinate activities • Coordinate employee capacitybuilding programs • Direct and coordinate activities of workers or staff • Oversee execution of organizational or program policies Monitoring and Controlling Resources — Monitoring and controlling resources and overseeing the spending of money. • Develop budgets • Manage contracts • Local cluster FISMA compliance monitoring for my offices • Monitor operational budget Work EXPERIENCE Employment Program Manager -III EDD 5/12 to Current Employment Program Manager JI EDD 5/2012 to 11/2012 Employment Program Manager -I EDD 8/2010 to 5/2012 Employment Program Representative EDD 9/2009 to 8/2010 VP Operations/Owner SolutionFocus 5/2009 to 9/2009 Requisition Manager-HR Boeing Company 2/1996 to 4/2009 EDUCATION • Master of Public Administration, California State University, Dominguez Hills, CA. • Bachelor of Science in Business & Management, University of Redlands, Redlands, CA • Mediation & Advanced Mediation Certificate, UCLA, Los Angeles, CA CERTIFICATIONS • Certificate Professional in Human Resources (SHRM) • Los Angeles Superior Court Mediator • Orange County Superior Court Academy Graduate • Six Sigma Green Belt • Community -Mentor PROFESSIONAL AFFILIATIONS AND BOARD op DIRECTORS MEMBERSHIPS • Member, Southern California Mediation Exchange, 2009 • Member, 100 Black men Of America, 2008 • Member, Orange CountyBlack Chamber of Commerce, 2009 • Member, Board of Directors, Anaheim Public LibraryFoundation, 2010 • Member, Board of Directors Core Institute of Motivational Advancement (C AA) La Habra, CA, 2010 • Member, Board of Directors, Orange CountyYouth Motivation Task force (OCYMTI ), Santa Ana, CA, 2009 13E-12 EXHIBIT 2 County of Orange SOCIAL SERVICES AGENCY � `1 i i600 K STATE COLLEGE BLVD. �iil �_ =� 'fir._ ORANGE, CA 92808-1673 0)i March 13, 2019 Deborah Sanchez Community Development Agency Economic Development Division 1000 E. Santa Ana., Sane 200 Santa Ana, CA 92701 Dear Deborah, Subject: Workforce Development Board (WDB) Successor DEBRAJ.BAETZ DIRSCFoR CAROL. WISEMAN CHIEFDEPUrYDIRECroR DIVIEroNmne6rW ADMOR91RATNE SERVICES JOHN BENDRICKSON DIVISION DIRRMR ASSISTANCEPROORAMS ANNE BL.OXOM DIVLSIOND)RECrOR CHILDREN A FAMILY SERVICES CLIRWINE SNAPPER DIVISIONDIRECI'OR FAMILY SELF-SUFFICIENCY • ADULTSERVICES ANNMeDICALr19Scrod With my resignation from the Santa Ana WDB as of May 31, 2019, the County of Orange Social Services Agency (SSA) nominates Christine Snapper as SSA's representative to the Santa Ana Workforce Development Board. Christine Snapper has been promoted to succeed me as the Family Self -Sufficiency and Adult Services Division Director. Christine will bring an extensive background in public child welfare and administration experience to the WDB. Best ' x� Debra d. Baetz Director cc: Carol Wiseman, Chief Deputy Director, SSA Christine Snapper, Division Director, Family Self -Sufficiency and Adult Services, SSA r 13E-13 EXHIBIT 2 CHRISTINE SNAPPER MSW County of Orange- Social Services Agency- Family Self Sufficiency & Adult Services Division Director Office 714-541-7810 Cell; 714-336-3730 ♦ Christine.Snappor@ssa.ocgov.com PROFESSIONAL SUMMARY Innovatively driven Sr. manager committed to excellence in the delivery of culturally competent, family -centered, trauma informed and child -focused protective services to all children & families in Orange County, HIGHLIGHTS Extensive Child Welfare background Creative problem solver Community Partnerships Strategic Planning Project management Policy Development Leadership /communication skills Process Improvement ACCOMPLISHMENTS *Directed Orange County s implementation of SB 855 & SB 794, Commercially Sexually Exploited Children legislation, which included the development of a MOU with several county partner agencies. The . program provided a total of 1.2 million dollars for Orange County to implement CSEC services. _...___.._oversaw implementation of A13.74 to successfully transition children from congregate care, to a lower level to include family -based care in Orange County. *Directed and Implemented a Visitation Coaching Model in Orange County to decrease time to reunification for children in foster care. *Implemented the Vertical Intake & Investigations program to ensure continuity and quality customer services to children and families entering the child dependency system. *Oversaw the implementation of SB 528, authorizing social workers to provide dependent children with age appropriate sexual health information. This also included the development of the OC Foster Youth Pregnancy and Prevention Steering Committee and the development of the CFS Policy & Procedure for Reproductive Health. EXPERIENCE Division Director- Family Self Sufficiency & Adult Services 11/2018-Current Direct oversight of approximately 900 staff charged with providing services and resources for adults to assist them in gaining self- sufficiency and provide services to vulnerable adults. Deputy Director, Children & Family Services-10/2013-2018 County of Orange Social Services Agency— Orange, California - *Direct oversight of approximately 330 Children and Family Services staff charged with the administration of child welfare services and best practice Fiscal Management of a $100 million dollar annual operating budget *Direct Leadership of Dependency Intake & Investigation. Staff in this assignment are responsible for investigating allegations of child abuse and making recommendations to juvenile court regarding the sustaining of the petition and the disposition of the case to family reunification, family maintenance, or permanency for the child. *Direct Leadership of Specialized Family Services. Staff in this assignment work primarily with children that medically compromised and have very specialized medical needs are responsible for delivery of court ordered services, development of case plans toward family reunification, monitoring child placement, and providing support services for parents and children who are medically compromised and have very specialized medical needs. 13E-14 w olm.110 *Direct Leadership of Integrated Continuing Services. Staff in this assignment are responsible for delivery of court ordered services, development of case plans toward family reunification, monitoring child placement, and providing support services to parents and children. *Direct Leadership of Permanency Services Program. Staff in this assignment are responsible for delivery of court ordered services, monitoring child placement, providing support services to parents and for children in group homes as they work toward family reunification. *Direct Leadership of Visitation and Support program. Staff in this assignment are responsible for complying with court orders for transporting youth, monitoring visits, assisting parents with services and referrals to meet compliance for Title IVE funding and reasonable services, *Direct leadership of the implementation of innovative child welfare programs and best practices, such as: Safety Organized Practice, Structured Decision Making, Permanency Roundtable, OC Foster Youth Pregnancy and Prevention Steering Committee focused on Reproductive Health & Parenting Foster Youth to meet OC Teen Court, OC Teen Collaborative Administrative Manager H,12/2006 to 10/2013 County of Orange Social Service Agency Managed the following Child Welfare Programs. Emergency Response. Intake program Family Maintenance and Collaborative Services which includes: Differential Response Path II, V cluntary --------- ______ Family. Services, Truancy Court, Foster Care Investigation, and Healthy Tomorrows/School Based Program Administrative Manager I, 03/2006 to 12/2006 County of Orange Social Service Agency Managed the Orange County Child Abuse Services Team -Multi -disciplinary program in collaboration with the DA's office, Health Caro Agency and Law Enforcement to assist children and their families who are victims of child sexual abuse, Senior Social Services Supervisor, 01/1998 to 01/2006 County of Orange Social Service Agency Senior Social Worker, 0111991 to 01/1998 County of Orange Social Service Agency Social Worker Assistant, 01/1989 to01/1991 County of Orange Social Service Agency EDUCATION Master's; Social Work, 1991 California State University - Long Beach, Ca Social Work Bachelor of Arts Degree; Social Work, 1989 California State University - Long Beach, Ca OTHER RECOGNmoN 1991 -California State University Long Beach Thesis - The Effects of One Youth Shelter on Adolescent Runaways 1990 -Appointed by Governor Deukmejian as Member of the State of California Advisory Committee on Juvenile Justice & Delinquency 13E-15 13E-16 CITY OF SANTA ANA L - COUNCIL COMMITTEE SPECIAL MEETING AGENDA ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY COMMITTEE NOVEMBER 26, 2018 5:00 PM CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Michele Martinez, Chairperson P. David Benavides Vicente Sarmiento PUBLIC COMMENTS - Members of the public are allowed three minutes to speak on agenda items or matters within the jurisdiction of the Committee. AGENDA ITEMS 1. Approval of Minutes of October 22, 2018 Special Meeting {Strategic Plan No. 5, 1} 2. Staff Update Regarding the Housing Opportunity Ordinance {Strategic Plan No. 5, 3} (Minh Thai, PBA and Steven A. Mendoza, CDA) 3. Mobile Vending {Strategic Plan No. 3, 3c} (Alvaro Nunez, PBA) 4. Discussion and Consideration to Amend City Manager Authority to Execute Contracts and Agreements {Strategic Plan Nos. 4, 1 & 7, 5} (Nab!] Saba, PWA) 5. Citywide Branding Next Steps {Strategic Plan No. 3, 1 E} (Councilmember Benavides) 6. Comprehensive Financial Review— Verbal Update {Strategic Plan No. 4, 1} (Kathryn Downs, FMSA) Santa Ana City Council Miguel A. Pulido Michele Martinez Vicente Sarmiento Jose Solodo P. David Benavides I Juan Vlllegas Sal Tmajew Mayor Mayor Pro Tem. Ward 1 Ward I Ward Ward Ward Ward MW�IdoM,M,a P,. u MMaM.Aunt.ane.om vs-m�emo�samaena.om dsawnxmsanmana.om oeanavmes�eama.re.wv ,mneoesrmseme-ena.om srreiemimssmaana.am City Hall, 20 Civic Center Plaza - P.O. Box 1988 - Santa Ana, California 92702 Mayor & Council Telephone: 714-647.6900 - Agenda Item Inquiries: 714.647-5363 - Website: www.santaana.ora 13F-1 STAFF COMMENTS COMMITTEE MEMBER COMMENTS ADJOURNMENT — The next regular meeting is scheduled for Monday, January 14, 2019 at 5:00 PM DIf 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 35.1021 The complete Strategic Plan document is available at http://www.santa-ana.ora/strategic-planning/ ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET 2 NOVEMBER 26, 2018 AND TECHNOLOGY AGENDA 13F-2 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY SPECIAL MEETING MINUTES CALL TO ORDER: ATTENDANCE: MEMBERS ABSENT: STAFF PRESENT: PUBLIC COMMENTS None AGENDA DISCUSSION ITEMS NOVEMBER 26, 2018 City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:22 PM Council Committee members: P. David Benavides (5:22 PM) Michele Martinez, Chairperson Vicente Sarmiento Raul Godinez II, City Manager Robert Cortez, Deputy City Manager Minh Thai, PBA Executive Director Jack Ciulla, IT Chief Technology Innovations Officer Fuad Sweiss, PWA Executive Director Kathryn Downs, FMSA Executive Director Sergio Vidal, FMSA Assistant Director Ryan Hodge, Assistant City Attorney Candida Neal, Planning Manager Alvaro Nunez, PBA Code Enforcement Manager Nabil Saba, PWA Water Resources Manager Bianca L. Zurita, Recording Secretary Approval of Minutes of Economic Development, Infrastructure, Budget and Technology Committee Special Meeting of October 22, 2018. MOTION VOTE Martinez SECOND: Benavides AYES: Benavides, Martinez (2) NOES: None (0) ABSENT: Sarmiento (1) November 26, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13F-3 2. Staff Update Regarding the Housing Opportunity Ordinance (Strategic Plan No. 5, 3) (Minh Thai, PBA and Steven A. Mendoza, CDA) Candida Neal, Planning Manager of Planning and Building presented a status report and future direction for the Housing Opportunity Ordinance (HOO) an overview of the current ordinance in -lieu fees received, invested and units produced. Committee Members provided feedback regarding areas of the ordinance to be evaluated by staff that include the following options for consideration: On -site Development, In -lieu Fees and Density Bonus Concession. The next steps are to conduct a stakeholder outreach with the private market developer community and nonprofit community before returning to City Council for a Work Study session. 3. Mobile Vending (Strategic Plan No. 3, 3c) (Alvaro Nunez, PBA) Alvaro Nunez, Code Enforcement Manager of Planning and Building presented recommendations to create a six-month pilot program to allow Food Truck Islands/Pods and allow food trucks and pop-up temporary food businesses to operate on private property for extended time -periods. Mr. Nunez explained that the current Santa Ana Municipal Code (SAMC) allows food vending businesses to vend on private property once they have obtained a Land Use Certificate (LUC) and/or Special Event permit. 4. Discussion and Consideration to Amend City Manager Authority to Execute Contracts and Agreements (Strategic Plan Nos. 4, 1 & 7, 5) (Nabil Saba, PWA) Nabil Saba, Water Resources Manager of Public Works provided a proposal to amend City Manager's signing authority for non-public works contracts to $100,000 per vendor and public works contracts to $250,000 per vendor and grant City Manager signing authority for emergency Public Works contracts up to $10,000 per vendor. MOTION: Martinez SECOND: Benavides VOTE: AYES: Benavides, Martinez (2) NOES: None (0) ABSENT: Sarmiento (1) 5. Citywide Branding Next Steps (Strategic Plan No. 3, 1E) (Councilmember Benavides) Councilmember Benavides suggested to staff to include a short narrative and background of the proposed logo in the report for others to understand the history behind it. Question and answered period ensued by Council Committee members and staff. November 26, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13F-4 6. Comprehensive Financial Review — Verbal Update (Strategic Plan No. 4, 1) (Kathryn Downs, FMSA) Kathryn Downs, Executive Director of Finance and Management Services presented a Financial Review Timeline from November 2018 to May 2019. In January, an RFP will be released to a third -party for review. In May, staff will check -in with third -party for preliminary findings and recommendations. ITEMS MOVED TO NEXT COMMITTEE MEETING None STAFF MEMBER COMMENTS: None COMMITTEE MEMBER COMMENTS: None NEXT MEETING: • Monday, January 14, 2019 Adjournment — 7:31 PM Bianca L. Zurita Recording Secretary, CDA November 26, 2018 1 Economic Development, Infrastructure, Budget & Technology Minutes 13F-5 13F-6 � CITY OF SANTA ANA �" �1 COUNCIL COMMITTEE REGULAR MEETING AGENDA ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY COMMITTEE MARCH 11, 2019 5:00 PM CALL TO ORDER City Hall Ross Annex, Conference Room 1600 20 Civic Center Plaza, Santa Ana, California Committee Members: Cecilia Iglesias David Penaloza Jose Solorio PUBLIC 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 a Chairperson and Vice Chairperson of the Economic Development, Infrastructure, Budget and Technology Committee 2. Approval of Minutes of November 26, 2018 Special Meeting {Strategic Plan No. 5, 11 3. Discuss the Resolution to Add Positions in the Human Resources and Police Departments and to Reallocate Certain Positions in the Police Department and Parks, Recreation and Community Services Departments {Strategic Plan No. 7, 6} (Steven Pham, HR) (Continued Item #55C from March 5th City Council Meeting) 4. Discuss the Appropriation Adjustments Recommended with the Mid -Year Budget Update {Strategic Plan No. 4,1} (Kathryn Downs, FMSA) (Continued Item #65B from March 5th City Council Meeting) Review General Fund and Reserve Balances for 17/18, 18/19 and Projected 19/20 {Strategic Plan No. 41 (Kathryn Downs, FMSA) 6. Discuss Measure X Spending Requirements {Strategic Plan No. 4} (Kathryn Downs, FMSA) 7. Discuss Zoning Ordinance Amendment No. 2018-04 to Amend Sections of Municipal Code Related to: Special District Requirement for Heninger Park and French Park (Historic Districts), Service Station, Townhome Residential Development Standards and Schools {Strategic Plan No. 3, 2; 5, 3} (Minh Thai, PBA) Santa Ana City Council Miguel A Pulldo Juan Villages Vicente 9amdento David Peado. Jose 6olorio vacant Dedlla Iglesias Mayor Mayor Pro Tom, Ward 5 Ward1 Ward Ward Ward Ward6 gmulidonsanlaana.ora Mleoasasantaana.om vsarmienfooDsameana.ora doen.I.Reanla-ana.om IsolorioAsanla-ane.om dalesississenteana.ora City Hall, 20 Civic Center Plaza a P.O. Box 1988 • Santa Ana, California 92702 Mayor & Council Telephone: 714-647-6900 • Agenda Item Inquiries: 714.647-5360 • Website: www.santa-ana.ora 13F-7 STAFF COMMENTS COMMITTEE MEMBER COMMENTS ADJOURNMENT —The next regular meeting is scheduled for Monday, May 13, 2019 at 5:00 PM If you need special assistance to participate in this meeting, please contact Michael Ortiz, City ADA Program Coordinator, 161v] 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 11, 28 CFR 35.104 The complete Strategic Plan document is available at: http://www.sonta-ana.ora/strategic-planning/ ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET 2 MARCH 11, 2019 AND TECHNOLOGY AGENDA 13F-8 CITY OF SANTA ANA CITY COUNCIL COMMITTEE ON ECONOMIC DEVELOPMENT, INFRASTRUCTURE, BUDGET AND TECHNOLOGY REGULAR MEETING MINUTES MARCH 11, 2019 CALL TO ORDER: City Hall 20 Civic Center Plaza, Room 1600 Santa Ana, CA 5:04 PM ATTENDANCE: Council Committee members: Cecilia Iglesias David Penaloza Jose Solorio MEMBERS ABSENT: None STAFF PRESENT: Steven A. Mendoza, Acting City Manager Minh Thai, PBA Executive Director Jack Ciulla, IT Chief Technology Innovations Officer Fuad Sweiss, PWA Executive Director Kathryn Downs, FMSA Executive Director Steven Pham, HR Executive Director Sergio Vidal, FMSA Assistant Director Laura Rossini, Senior Assistant City Attorney Candida Neal, Planning Manager Bianca L. Zurita, Recording Secretary PUBLIC COMMENTS Council Committee Member Solorio thanked Mr. Peter Katz and Mr. Chris Schmidt forjoining the meeting and caring about these items. AGENDA DISCUSSION ITEMS Elect a Chairperson and Vice Chairperson of the Economic Development, Infrastructure, Budget and Technology Committee Council Committee Member Solorio nominated himself as Chair. Council Committee Member Iglesias nominated herself as Vice -Chair. Motion passed unanimously. March 11, 2019 (Economic Development, Infrastructure, Budget & Technology Minutes 13F-9 2. Approval of Minutes of November 26, 2018 Special Meeting Council Committee Member Iglesias requested to postpone approval of minutes to next meeting in May. MOTION: Iglesias SECOND: Penaloza VOTE: AYES: Iglesias, Penaloza, Solorio (3) NOES: None (0) ABSENT: None (0) (Item 7 taken out of order) 7. Discuss Zoning Ordinance Amendment No. 2018-04 to Amend Sections of Municipal Code Related to: Special District Requirement for Heninger Park and French Park (Historic Districts), Service Station, Townhome Residential Development Standards and Schools (Minh Thai, PBA) Minh Thai, Executive Director of Planning and Building presented a series of proposed zoning amendments that revises the code which results in Planners do theirjob better. Candida Neal, Planning Manager of Planning and Building, provided an overview of the proposed amendments. One is for Service Stations (Gas Stations) that will now require going through the City's Development Project review process ensuring adequate review by all agencies/departments. The second proposed amendment is for French Park and Heninger Park to assign responsibility for the review of projects to the Historic Resources Commission. Both Districts were identified as historic neighborhoods before the City adopted the current historic ordinance. Before the creation of the historic commission and historic ordinance, any structural changes in those two neighborhoods went to the Planning Commission. The proposed amendment transfers the review authority from the Planning Commission to the Historic Resources Commission. The third proposed amendment is for the Two -Family (R2) District and Townhouse Standards. The proposed amendments will modify the standards, reduce the building separation, clarify and simplify language and development standards, create flexible open space and storage design standards, allow 3-story townhouse subject to a CUP, modify parking requirements and create additional opportunities for low to medium density housing. Council Committee Member Iglesias expressed concern with guest parking spaces being reduced from 2 spaces to half a space and the overflow going into the neighboring streets. Guest parking requirements should be kept as one space. Discussion from Council Committee Members continued on the guest parking issue based on the number of bedroom size of each unit. Currently, schools are permitted in residential and commercial districts. In the residential districts, schools are required to obtain a Conditional Use Permit (CUP). In the March 11. 2019 ( Economic Development, Infrastructure, Budget & Technology Minutes 13F-10 commercial area, they are allowed by right. The proposed Amendment is for all new schools be required to go through the city's CUP process which will allow forformal public input and will ensure no or minimal impact to surrounding land uses. Council Committee member Iglesias stated that she does not support the proposed amendment, and feels it will make it more difficult for charter schools to open in the city. Staff will look at the school requirements and establish criteria and operational standards that they will need to comply. Minh Thai will meet with staff'to refine the standards to ensure they meet the administrative approval with standards. Council Committee member Iglesias would like to discuss with other council members in regards to school requirement/standards proposed amendments. Planning and Building Department will bring it back to Council in the summer with a new proposal/amendment. Council Committee members recommend taking this item to the Planning Commission before taking it to full City Council. 3. Discuss the Resolution to Add Positions in the Human Resources and Police Departments and to Reallocate Certain Positions in the Police Department and Parks, Recreation and Community Services Departments (Strategic Plan No. 7, 6) (Steven Pham, HR) (Continued Item #55C from March 5th City Council Meeting) Kathryn Downs, Executive Director of Finance and Management Services, provided background of Items 3 and 4. Staff was directed by City Council to bring both items to EDIBT for further discussion and to add a review of the General Fund Balance and Reserve and Measure X Spending Requirements. Item #55C from the March 5ch City Council Agenda — The report came from Human Resources requesting to add and reallocate some positions and to approve the appropriation adjustment which was included with the mid -year report. The purpose is to discuss and make a recommendation back to all City Council. Kathryn Downs reinforced that it is good practice to look at the staffing when working with the annual budget plan as supposed to mid -year. Steven Pham, Human Resources Director spoke on behalf of Lisa Rudloff, Parks, Recreation and Community Services (PRCS) and Chief Valentin, Santa Ana Police Department. Steven Pham explained the critical need to hire a Parks Services Inspector due to the liability faced when PRCS is unable to meet the basic state standards. The position is needed now, and staff is always looking to shift the cost and savings. The reason PRCS Director is looking to reallocate some of the Library positions is to eliminate having to go through the hiring process which could take months. Council Committee Chair Solorio's had concerns that if the Library is defunded of these positions, later on if there is a need, these positions will need to re -funded. In regards to the liability of the parks, other departments such as Code Enforcement and Public Works also have liability issues. The need for a Parks Inspector has been an issue for years. Steven Pham presented the need to reallocate the Jail Administrator to Police Captain to create some standards and uniformity and add a Police Investigative Specialist to March 11, 2019 (Economic Development, Infrastructure, Budget & Technology Minutes 13F-11 assist officers to investigate accidents and prepare administrative reports to alleviate officers from focusing on other cases. Council Committee Member Penaloza pointed out that the Santa Ana Police Department needs a Social Media Specialist, someone that will make the department look more humanizing and be able to give a positive outlook to the community. Steven Pham presented the need to add new staff in Human Resources Department. There are ten vacancies (budgeted and non -budgeted) as a result of the recession over the years. PUBLIC COMMENT - Mr. Chris Schmidt spoke in opposition of Police Department receiving additional funds to hire new officers when other departments are getting less or none. He stated that Code Enforcement is shorthanded, as well as Public Works, and Parks, Recreation and Community Services and parking staff. Mr. Schmidt doesn't understand how there's no budget but the Police Department positions are being filled. He hopes that someone questions the hiring process. Mr. Schmidt mentioned that it is not fair to the residents of Santa Ana that one department gets $1 million every year to hire new people, but other departments don't get any money. Mr. Schmidt suggested reviewing the proposed vacancies and seeing if 51 positions are really needed. Council Committee Member Penaloza feels comfortable moving forward with the three positions that the Human Resources Department is requesting but hold on to the other positions until for further discussion or wait until the new budget cycle. 4. Discuss the Appropriation Adjustments Recommended with the Mid -Year Budget Update (Strategic Plan No. 4,1) (Kathryn Downs, FMSA) (Continued Item #6513 from March 5th City Council Meeting) Kathryn Downs, Executive Director of Finance and Management Services, stated that this update was directed by City Council to bring to the Committee for further discussion. The purposes of the Mid -Year Update are the revenue update and a request for appropriation adjustments. A summary of the appropriation adjustments that was requested by City Council are related to the General Fund, City Services Fund and Liability Fund and Workers Comp Fund. Council Committee member Penaloza recommended the $75,000 to move forward with the 150-year anniversary as it is approaching soon. Steven Mendoza, Acting City Manager clarified that City Council approved $75,000 for through July 1st and then staff will request an additional $75,000 in next year's budget. He explained that the Mid -Year Budget adjustment is for when staff might have changes and adjustments are necessary. Council Committee Chair Solorio recommends to City Council $75,000 for the 150-year anniversary, a PRCS Park Inspector and 1 Human Resources Analyst. Council Committee Chair Solorio also requested to bring an updated Revenue and Expenses projection to City Council in April 2na March 11, 2019 1 Economic Development, Infrastructure, Budget & Technology Minutes 13F-12 5. Review General Fund and Reserve Balances for 17/18, 18/19 and Projected 19/20 (Strategic Plan No. 4) (Kathryn Downs, FMSA) Item discussed with items 3 and 4. Discuss Measure X Spending Requirements (Strategic Plan No. 41 (Kathryn Downs, FMSA) Kathryn Downs explained the ballot language that was listed on the Measure X and what the money can be spent on. The Sales Tax Measure X money is a General Fund Revenue which can be used for any legal purpose of the City. Kathryn Downs explained that the Budget Community presentations begin tomorrow night. Ms. Downs explained what will be covered at the community budget meetings. She stated it is an exercise to get community feedback, determine which strategic plan goals have been achieved, an overview of the city's budget process; an overview of the current year budget for the community to see where the money is coming from and how it is spent. Steven Mendoza explained that staff would be looking for Capital Improvement Plan (CIP) recommendations for streets and large projects that the community is looking for. Fuad Sweiss, Executive Director of Public Works explained that staff created a list of projects that are crucial to accomplish. Steven Mendoza clarified that Public Works and Parks and Recreation have a list of projects that are tangible and ready to tackle once Council approves next year's budget. Council Committee Member Penaloza would like to see projects that can make the City proud and be able to show residents that their tax dollars are being spent on projects to benefit the residents. He would like to see the input from the Oversight Committee and the Community Budget meetings. Council Committee Chair Solorio would like to see a spending plan that will represent the actual language of what the community voted on. Council Committee Member Iglesias would like to see a proposal how the money will be spent on Library Services. ITEMS MOVED TO NEXT COMMITTEE MEETING 2. Approval of Minutes of November 26, 2018 Special Meeting. STAFF MEMBER COMMENTS: March 11, 2019 1Economic Development, Infrastructure, Budget & Technology Minutes 13F-13 Steven Mendoza — Announced that Budget Community meetings start tomorrow with another one on Wednesday and another in the next few weeks. Steven Pham — Thanked Council Committee Members for their support and for listening and appreciates the opportunity to speak in front of the Committee. COMMITTEE MEMBER COMMENTS: Council Committee Member Penaloza — Thanked everyone for coming tonight. Council Committee Chair Solorio — Thanked everyone for being here tonight and appreciates their patience. NEXT MEETING: Monday, May 13, 2019 Adjournment —7:46 PM Bianca L. Zurita Recording Secretary, CDA March 11, 2019 1Economic Development, Infrastructure, Budget & Technology Minutes 13F-14 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: CLERK OF COUNCIL USE ONLY: MAY 21, 2019 TITLE: APPROVED ❑ As Recommended APPROVE DESTRUCTION OF ❑ As Or Amended ❑ Ordinance on 1 Reading OBSOLETE COMMUNITY DEVELOPMENT ❑ Ordinance on 2ntl Reading CITY RECORDS ❑ Implementing Resolution (STRATEGIC PLAN NO. 5, 1) ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY -MANAGER RECOMMENDED ACTION Approve the request for the destruction of obsolete records from the Community Development Agency in accordance with the retention schedule outlined in City Council Resolution 2013-014. DISCUSSION On April 1, 2013, the City Council approved Resolution 2013-014 outlining the records retention schedule for the agencies, departments, and offices of the City. City records are governed by the Public Records Act which provides the period in which records need to be retained. The Citywide Records Team compiled the Citywide Records Retention Schedule which sets forth the retention period for a particular record. The Municipal Code requires that the destruction of a City record be approved by the City Attorney. In accordance with Section 5B of the Citywide Records Retention Schedule Resolution, the City Attorney has approved the list of records proposed for destruction from the departments as outlined in the attached documents (Exhibit 1). The Citywide Records Retention Schedule has specific retention periods for many City documents. The Schedule is modeled after the California Secretary of State's sample for local government and incorporates other statutory periods applicable to Santa Ana. These are minimum retention periods. Each department makes discretionary decisions on whether to retain records past the minimum requirements. 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). 19C-1 Community Development Agency Records Destruction May 21, 2019 Page 2 FISCAL IMPACT There is no fiscal impact associated with this item. Norma Mitre Acting Clerk of the Council Exhibit: 1. Request for Destruction of Records — Community Development Agency 19C-2 Ryan Hodge To: Assistant City Attorney Terri Eggers From: Community Development Agency 7M MAR 1 7 UIT1 CF ,JHA Date: March 6C2,019; Subject: REQUEST FOR DESTRUCTION OF RECORDS The Community Development Agency requests your consent to destroy the city records identified on the attached listing in accordance with the retention schedule outlined in City Council Resolution 2006-045. Thank you, '� Terri Eggers EXHIBIT I 19C-3 19C-4 CITY OF SANTA ANA OBSOLETE RECORDS DESTRUCTION SCHEDULE COMMUNITY DEVELOPMENT AGENCY 2019 RECORD RECORD RECORD RECORD CATEGORY SERIES DESCRIPTION DATES Programs 501 & 201 Participant Files, WIA ECONOMIC Workforce Investment Act Forms (erirollment:and:yarious participant Jan —Dec. DEVELOPMENT (WIA) forms; supporting=paperwork) 2002-2012 5 Boxes Destroy 2018- Programs ARRA 102 & 105 / ECONOMIC Workforce Investment Act NEG Grant 527 / TENACORE Grant 201 Jan —Dec. DEVELOPMENT (WIA) Participant Files (enrollment and various 2005-2011 participant forms, supporting paperwork) (2 Boxes) Destroy 2017 (Programs 201 & 501) Vocational ECONOMIC Workforce Investment Act Assessments -Participant Files, Forms Jan —Dec. DEVELOPMENT (WIA) (supporting paperwork) 2009-2012 5 Boxes Destroy 2018 SAY Summer Youth Program / FEZ ECONOMIC Workforce Investment Act Contracts / Youth Earmark Grants / Monitoring Jan —Dec. DEVELOPMENT (WIA) YSPN Admin Files Reports / Program Operator Files (supporting 2006-2012 documents - including backup data) 3 Boxes Destroy 2018 YSPN Program; SAPL / CCOS / CTAC / TSJT / ECONOMIC Workforce Investment Act OSY / ISY / SBIN Programs, (various Jan —Dec. DEVELOPMENT participant files, supporting paperwork) 20010-2011 (7 Boxes) Destroy 2017 Workforce Investment Act Monitoring and Vouchers; Youth Procurements ECONOMIC (WIB) Documents (Proposals,-RFPs,-Rating°Sheets Jan —Dec. DEVELOPMENT (Admin files, supporting paperwork) 1999-2011 5 Boxes Destroy 2017 ECONOMIC Workforce Investment Act Youth Monitoring / One -Stop / ETPL Monitoring Jan —Dec. DEVELOPMENT (WIB) Reports (including backup paperwork) 2007-2011 (5 Boxes) Destroy 2017 ECONOMIC Workforce Investment Act YSPN Participant Files (including supporting Jan —Dec. DEVELOPMENT paperwork, forms) 2008-2011 (1 Boxes) Destroy 2017 PREPARED BY: erri Eggers Date Senior Commun evelopment Analyst RECORDS DESTROYED: 33 Number of Boxes CONSENT BY: 8�3�/' , /zo 19 Steven Mendoza Date CDA Executive Director 19C-5 19C-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: RECEIVE AND FILE QUARTERLY REPORT FOR HOUSING DIVISION PROJECTS AND ACTIVITIES JANUARY— MARCH 2O19 {STRATEGIC PLAN NO. 5, 3C} el CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Receive and file the Quarterly Report for Housing Division Projects and Activities for the period of January 2019 — March 2019. COMMUNITY REDEVELOPMENT AND HOUSING COMMISSION ACTION At its regular meeting on April 24, 2019, by a vote of 8:0 (Urzua absent) the Community Redevelopment and Housing Commission approved the recommended action. DISCUSSION This report for the quarter ending on March 31, 2019 provides statistics for all of the affordable housing projects and activities for the Housing Division. The report is divided into four sections: Loan Activity, Loan Portfolio Management and Monitoring, Affordable Housing Funds and Commitments, and Development Projects. Loan Activity Applications The Housing Division offers several different programs including down payment assistance for first-time homebuyers and rehabilitation loans for mobile homes, single-family, multi -family, and historic homes. Inquiries are received from the public and applications are mailed out, received and approved for these programs on a continual basis. Table 1 shows the number of inquiries, applications sent out, received and approved by type for the quarter and for the total fiscal year. 19D-1 Quarterly Report for Housing Division May 21, 2019 Page 2 Table 1: Applications Sent Out, Received & Approved Program Inquiries Applications Sent Out Applications Received Applications Approved Q3 Total FY Q3 Total FY Q3 Total FY Q3 Total FY Single -Family Rehabilitation 19 70 11 93 2 9 0 1 Mobile Home Rehabilitation 1 7 1 5 1 1 0 1 Multi -Family Rehabilitation 1 1 0 0 0 0 0 0 Historic Home Restoration 1 1 1 1 0 0 0 0 Homeownership 11 54 107 175 1 9 1 4 The number of applications received is typically lower than the number of applications sent out in any given period due to the stringent program guidelines for eligibility regulated by the federal government, which makes it difficult for most applicants to qualify. Currently, due to the retirement of the City's Senior Residential Construction Specialist in December 2018 and the promotion of the Residential Construction Specialist into the position, the Housing Division does not have adequate staffing to implement the Single -Family and Mobile Home Rehabilitation Program. Any applications received have been put on hold. The vacant Residential Construction Specialist position has been posted for hiring; however, the recruitment was extended beyond the initial closing date due to a lack of applications. Rehabilitation Loan Underwriting and Approval Progress For the rehabilitation loans, staff reviews applicant eligibility, verifies income and assets, and oversees underwriting to ensure compliance with program guidelines and requirements established by the funding source. In addition, staff conducts an inspection of the property, prepares a work write-up to determine rehabilitation work to be performed, and develops a budget for the work. Due to the complex funding requirements, applications may be in underwriting for several months. The length of time in underwriting is largely determined by the applicant's timely submittal of the necessary paperwork. Once approved, staff prepares all necessary loan documents, makes arrangements for loan execution, and reserves the required loan funds. During this quarter, one (1) inclusionary housing purchase at City Ventures was approved and closed escrow. Rehabilitation Program Construction Progress During this phase, homeowners receiving rehabilitation loans are guided through an open selection of contractors to complete the work on their homes. Each homeowner is given a list of contractors that have been screened by staff for license and insurance requirements. However, homeowners are allowed to select any contractor that meets these same requirements. Staff assists the homeowners with the evaluation of bids and selection of a contractor. Staff also monitors the construction work, approves payments to contractors, and tracks expenditures to ensure compliance with the loan agreement and program guidelines. At the end of this quarter, there were two (2) single-family homes under construction and two (2) mobile homes were completed. Down Payment Assistance Loan Program Progress For the Down Payment Assistance Loan Program, staff evaluates applicant eligibility and oversees underwriting to ensure compliance with program guidelines and requirements 19 D-2 Quarterly Report for Housing Division May 21, 2019 Page 3 established by the U.S. Department of Housing and Urban Development (HUD). Applicants must meet established income requirements, complete an eight -hour pre -purchase counseling program from a HUD -approved housing counseling agency, be pre -qualified for a first mortgage and have a minimum of three percent of the purchase price from their own savings. Other HUD requirements apply, including a current maximum sales price of $513,000 for a single family home or condominium. On March 6, 2018, City Council approved an update to the Down Payment Assistance Loan Program increasing the loan amount to $80,000 for low-income households and approving the use of the Inclusionary Housing Fund to offer down payment assistance of up to $40,000 for moderate -income households. The updated program requires the buyer must be a current resident of Santa Ana or work in Santa Ana at least 32 hour per week (except U.S Military Veterans). Additionally, the property needs to be in good condition and pass an inspection. During this quarter, staff conducted one (1) down payment assistance workshop in which a total of 72 people attended. Staff was invited by SACRED Santa Ana to provide a down payment assistance presentation in which 24 people attended. In addition, one (1) down payment assistance application was received and closed escrow. Loan Portfolio Management & Monitoring The Housing Division is responsible for managing the residential loan portfolio which includes all of the loans entered into by the City and Housing Authority acting as the Housing Successor Agency. As of the end of this quarter, the principal balance was $130,930,885. This is comprised of 415 loans of which 392 are deferred or residual receipt payment loans. As shown in Table 2, the loan portfolio generated $122,246 in payments of principal and interest during this quarter. Table 2: Portfolio Revenue Funding Source HOME CDBG Redevelopment NSP CaIHOME Loan Payoffs $0 $75,866 $0 $0 $0 Residual Receipts Payments $14,415 $0 $0 $0 $0 Amortized Loan Payments $3,870 $7,588 $20,506 $0 $0 Total For Q3 $18,285 $83,454 $20,506 $0 $0 Monitoring As part of the requirements for these funds, staff must monitor the owner -occupancy of single- family homes that have received loans, and the building code compliance of units in rental projects with long-term affordability covenants. During this quarter, 36 owner -occupancy recertification letters were mailed and 29 were returned and processed. Staff also audited files for twenty-seven (27) loans and conducted building code compliance inspections for 140 units in nine (9) projects. Regulations require that only a sample of units be selected for inspection. Staff also inspects the grounds and common areas such as laundry rooms to ensure they also meet municipal code requirements. The grounds, common areas and all of the inspected units were found to be in compliance at the time of initial inspection. 19 D-3 Quarterly Report for Housing Division May 21, 2019 Page 4 Available Funds and Land Assets for Affordable Housing Development Projects The City of Santa Ana and the Housing Authority acting as the Housing Successor Agency manages multiple sources of local, state and federal funds to promote and facilitate the development of affordable housing as well as land assets held by the Housing Successor Agency. Exhibit 1 provides a summary of the funds available as of the end of this quarter. Exhibit 2 provides a summary of available land assets. The Summary of Available Funds has been adjusted to reflect the award of conditional pre - commitments to four new development projects, described in detail below, and the addition of $377,235 in Rental Rehabilitation Program (RRP) Grant Funds. The RRP Grant was authorized by Congress on November 30, 1983 by Section 301 of the 1983 Housing and Urban -Rural Recovery Act to stabilize the condition of existing rental housing stock in low-income communities through the physical improvement of multi -family rental housing. The City of Santa Ana was selected by the U.S. Department of Housing and Urban Development to participate in the RRP and grant funds were utilized to provide rental rehabilitation deferred loans. All federal funds were expended and the grant program has had no activity for over ten years. All outstanding loans from this grant source have since been repaid, and the repayments are considered program income. Federal guidelines allow program income earned to be used for activities that would be eligible under other affordable housing activities. Housing Opportunity Ordinance On -Site Development: Since 2011, a total of 33 units have been developed on -site as a result of the Ordinance, including 23 ownership units for -sale and 10 rental units: Units Built On -Site Ownership Rental TOTAL 23 10 33 In -Lieu Fees Generated. - All in -lieu fees, penalties and other monies collected pursuant to the Housing Opportunity Ordinance, including interest, are deposited into the Inclusionary Housing Fund. Since inception, the Inclusionary Housing Fund has generated $17,800,251 to be used for the development of housing affordable to low and moderate -income households, with a reasonable amount spent on administrative or related expenses associated with the administration of the Housing Opportunity Ordinance. These fees were generated from a total of 9 projects that opted to pay the in -lieu fee instead of building units on -site. If those 9 projects had instead built the inclusionary housing units on -site, a total of 393 low-income units or 263 very low-income units would have been created. By comparison, there were 2,589 market -rate units produced or are under construction. 19 D-4 Quarterly Report for Housing Division May 21, 2019 Page 5 Affordable Housing Units under Construction / Pre -Construction with In -Lieu Fees. A total of 202 units are under construction / pre -construction with an investment of in -lieu fees generated. This includes a $4,775,000 loan of in -lieu fees to develop 57 units of affordable housing at the Santa Ana Arts Collective; a pre -loan commitment of $1.3 million of in -lieu fees to develop 51 units of affordable housing at the Tiny Tim Plaza project; a pre -loan commitment of $3,170,547 to develop 93 units of affordable housing at the Legacy Square project; and a pre - loan commitment of $231,494 to develop two affordable homeownership units by Habitat for Humanity at 416 Vance Street and 826 N. Lacy Street. Units Under Construction / Pre -Construction with In -Lieu Fees Project # of Units Santa Ana Arts Collective 57 Santa Ana United Methodist Church "Legacy Square" 93 Tiny Tim Plaza 51 416 Vance Street & 826 N. Lacy Street 2 TOTAL 203 In addition, $3,131,700 of in -lieu fees was committed by City Council on September 14, 2018 to create 200 emergency shelter beds at the Link interim emergency shelter. This report reflects the status of funds and projects for the period ending March 31, 2019. Request for Proposals - RFP #18-056 - Affordable Housing Development The City of Santa Ana and the Housing Authority of the City of Santa Ana issued a Request for Proposals (RFP) on July 2, 2018 for the development of affordable housing in the City. Proposed developments may be for acquisition and/or rehabilitation of eligible properties for rental or transitional housing; acquisition and conversion of non-residential property to multifamily rental units; and/or new construction of housing units for rental housing. Land assets owned by the Housing Authority of the City of Santa Ana are also available for development under the RFP. Additional information regarding the RFP is available on the City of Santa Ana's website. The City of Santa Ana received thirteen (13) proposals that passed a minimum threshold review. The proposals were reviewed by a Review Panel of City employees. Interviews were held on October 30, 2018 and the Review Panel recommended four projects for approval on November 5, 2018. A Public Hearing was held on December 19, 2018 and the Community Redevelopment and Housing Commission recommended to award the four projects. City Council approved two of the projects, Santa Ana United Methodist Church (aka Legacy Square) and Francis Xavier, on January 15, 2019. The remaining two projects, Habitat for Humanity and Budget Inn, were approved by City Council on March 5, 2019. All four new projects are included in this staff report in the summary of projects under development. Six (6) of the thirteen (13) proposals were for the development of the Housing Authority land asset at 1126 & 1146 E. Washington Avenue. This parcel is adjacent to a vacant County owned parcel and it is the desire of the City and County to jointly develop the adjacent parcels. Three of 19D-5 Quarterly Report for Housing Division May 21, 2019 Page 6 the six proposals for this site passed the minimum threshold review and were reviewed by the Review Panel of City employees on October 30, 2018. The three proposals were then provided to the County for review and recommendation. The County met and interviewed the three developers and provided their recommendation to the City on March 7, 2019. Each of the projects made substantial changes to the initial proposals they had previously submitted to the City, upon further discussion with the County. The revised proposals were then provided to the City on March 21, 2019. Keyser Marston and Associates performed a preliminary financial analysis of the revised proposals and the City Review Panel was reconvened on April 10, 2019. The City and County met on April 17, 2019 to finalize the recommendation for joint development of the site. At the May 22, 2019 Community Redevelopment and Housing Commission meeting, City staff will recommend the approval of a pre -loan commitment and 99-year ground -lease with the Related Companies of California for the development of this parcel. Following approval by the Housing Commission, staff will recommend the project award to City Council / Housing Authority. PROJECTS UNDER DEVELOPMENT There are three (3) affordable housing developments under construction and an additional six (6) affordable housing projects in pre -development. Below are brief summaries for the nine (9) projects under development. Exhibit 3 provides a development timeline for the larger development projects. Projects under Construction First Street Apartments (1440 E. First Street) • Developer: AMCAL Multi -Housing, LLC. • Description: Demolition and new construction of an affordable multifamily apartment complex consisting of 68 units of rental housing serving very -low and extremely -low income families, and 1 manager's unit. • City Funds: Housing Successor Agency ($8,522,740) • Update: Construction is 50% complete and construction is anticipated to be completed by end of September 2019. The pre -leasing process will be started in May, approximately 120 days prior to occupancy. Santa Ana Arts Collective (1666 N. Main Street) • Developer: Meta Housing Corporation • Description: Acquisition, adaptive reuse and new construction project comprised of 57 affordable rental units designated for professional artists of all disciplines, and 1 manager's unit. Permanent supportive housing for 15 units will be funded by MHSA/SNHP funds from the County of Orange. • City Funds: Inclusionary Housing ($4,775,000), HOME ($2,627,631), CDBG ($500,000) • Update: Construction is 35% complete. Foundation structural revisions were required, which has delayed the schedule. Construction is anticipated to be complete at the end of October with occupancy expected in November 2019. The marketing timeline has been adjusted accordingly since tenant eligibility documentation must be dated within 120 days of occupancy. The four educational sessions to inform artists on how to apply for housing are now 19 D-6 Quarterly Report for Housing Division May 21, 2019 Page 7 scheduled for June, and the applications will be due in August or September. There are currently 339 people on the list of interested parties. City staff has reviewed their process for implementing Santa Ana's local preference and will audit the priority list prior to prospective tenants submitting their final application. Santa Ana Veterans Village (3312 W. First Street) • Developer: Jamboree Housing Corporation with Step Up on Second • Description: New construction of an affordable multifamily apartment complex consisting of 75 units of permanent supportive housing with wrap -around supportive services for HUD -Veterans Affairs Supportive Housing (VASH) eligible homeless veterans and 1 manager's unit. • City Funds: Seventy-five (75) HUD-VASH Project -Based Vouchers (PBVs), HOME- CHDO ($352,963) • Update: A ceremonial ground breaking ceremony was held on January 7, 2019. The underground drain systems, sewage, water and gas lines have been laid and grading is 90% complete. Projects in Pre -Development Aqua Housing (317 E. 17h Street) • Developer: Community Development Partners (CDP) with Mercy House • Description: Acquisition, demolition and new construction of a former motel yielding 56 units of affordable permanent supportive housing with wrap -around supportive services for chronically homeless individuals and 1 manager's unit. 28 of the 56 units will be funded by MHSA/SNHP funds from the County of Orange. • City Funds: Fifty-six (56) Project -Based Vouchers • Update: The developer closed on their financing in April. Construction will start in June. North Harbor Villaae Permanent Supportive Housina (formerly Budaet Inn) (1108 N. Harbor • Developer: Jamboree Housing • Description: New construction of a 100% affordable multifamily apartment complex consisting of 89 permanent supportive housing studio units for homeless veterans. • City Funds: Community Development Block Grant (CDBG) Program (CDBG) ($1,687,047) and Eight -Nine (89) HUD-VASH PBVs • Update: The developer is working on securing their remaining financing. They have applied to the Federal Home Loan Bank of San Francisco (FHLBSF) for $890,000 in Affordable Housing Program (AHP) Financing and applied for a $500,000 Home Depot Grant (HDG). The award announcements are anticipated June 20, 2019 for the AHP and August 15, 2019 for the HDG. They are also preparing to submit an application for the competitive 9% tax credits. The timing of the application is contingent on the award of other financing in order to be competitive. Jamboree is also working on the design. 19 D-7 Quarterly Report for Housing Division May 21, 2019 Page 8 Francis Xavier (801, 809, 809 % East Santa Ana Boulevard) • Developer: HomeAid Orange County, Inc. and Mercy House • Description: New construction of an affordable multifamily apartment complex consisting of 16 units of permanent supportive housing. • City Funds: Housing Successor Agency Funds ($1,069,947), three (3) HUD-VASH PBVs, 99-year ground lease agreement for 801 E. Santa Ana Blvd. (Appraised Value as of Oct 25, 2018: $788,000) • Update: The developer is revising their plans to increase the number of units from 12 to 17 to include one market rate managers unit and four additional affordable units. The level of affordability is still to be determined pending a financial analysis. The neighboring parcel of land has also been listed for sale and the developer is pursuing the purchase of this adjacent lot. If successful, the total number of units may be increased to over 30, which would enable the project to qualify for Low Income Housing Tax Credit financing. The developer is also working to secure their remaining financing. An application for No Place Like Home funds has been submitted to secure financing for nine (9) of the units. Habitat for Humanity (416 Vance Street & 826 N. Lacy Street) • Developer: Habitat for Humanity of Orange County • Description: New construction of two single-family detached homes for home -ownership serving households up to 120% AMI. • City Funds: Inclusionary Housing ($231,494) and 99-year ground lease agreement for 416 Vance Street and 826 N. Lacy Street (Appraised Value as of Oct 25, 2018: $578,000) • Update: Developer has confirmed they will be able to secure the additional funding necessary for the project through fundraising efforts. Leaacv Sauare (formerly Santa Ana United Methodist Church) (609 North Snuraeon Street • Developer: National Community Renaissance and Mercy House • Description: New construction of a 100% affordable multifamily apartment complex consisting of 92 units of rental housing and 1 manager's unit. All units will be affordable to households earning less than 60% AMI of which 33 units will be set -aside for permanent supportive housing. • City Funds: Inclusionary Housing ($3,170,547) and Eight (8) HUD-VASH PBVs • Update: Developer has submitted an application for $20 million in Affordable Housing Sustainable Communities (AHSC) funding on February 11. AHSC funding awards will be announced June 21. After AHSC funding is secured, National CORE will apply for noncompetitive 4% tax credits and tax-exempt bonds. AHSC funding is highly competitive. In the event AHSC funding is not awarded, the developer will apply for second round 9% tax credits on July 1. Both financing scenarios include Special Needs Housing Program (SNHP) funds from the County of Orange. SNHP funds for Legacy Square may be considered at the May 7, 2019 Board of Supervisors meeting. 19 D-8 Quarterly Report for Housing Division May 21, 2019 Page 9 Tiny Tim Plaza (2223 West 5th Street) • Developer: Community Development Partners • Description: New construction of an affordable multifamily apartment complex consisting of 51 units of rental housing serving very -low and extremely -low income families, and 1 manager's unit. • City Funds: Inclusionary Housing ($1,300,000), Housing Successor Agency ($4,700,000) • Update: City Council approved their Loan Documents on April 16, 2019. CDP closed on their financing on May 2. STRATEGIC PLAN ALIGNMENT The activities covered by this report allow the City 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). FISCAL IMPACT There is no fiscal impact associated with this action. —IV � Steven A. Mendoza Executive Director Community Development Agency Exhibits: 1. Available Funds for Affordable Housing Development Projects 2. Available Land Assets for Affordable Housing Development 3. Project Timelines 19 D-9 19D-10 EXHIBIT 1 Available Funds for Affordable Housing Development Projects As of March 31. 2019 Housing Successor Agency (Housing Authority) $6,237,860 Cash on Hand ($85,227) First Street Apartments Loan' ($126,608) First Street Apartments Project Costs ($4,700,000) Tiny Tim Plaza Conditional Pre -Commitment Loan ($1,069,947) Frances Xavier Residence Project Pre -Commitment Loan a ($250,000) Administrative Costs Allowance' $6,078 Available Funds Inclusionary Housing Funds $10,560.603 Cash on Hand ($344,228) Santa Ana Arts Collective Project Costs 6 ($1,300,000) Tiny Tim Plaza Conditional Pre -Commitment Loan 2 ($320,000) Down Payment Assistance Program 6 ($1,360,850) Interim Emergency Homeless Shelter Agreement' ($3,170,547) Legacy Square Project Pre -Commitment Loan 6 ($231,494) Lacy Street Project Pre -Commitment Loan e ($687,234) Administrative Costs Allowance (CDA/PBA) $3,146,250 Available Funds 10 HOME Program $3,274,940 Funds to Drawdown $3,274,940 Available Funds to Drawdown CDBG Program (Acquisition/Rehabilitation Projects Only) $1,687,047 Funds to Drawdown ($1,687,047) Budget Inn Project Pre -Commitment Loan e $0 Available Funds to Drawdown NSP Program (Abandoned, Foreclosed or Vacant Properties Only) $1,251,329 Funds to Drawdown (5318,417) Administrative Costs Allowance $932,912 Available Funds to Drawdown Rental Rehabilitation Grant Program $380,771 Cash on Hand " $380,771 Available Funds $7,740,951 Total Available Funds Approvee by Hwavp AulMri l en J.., 10. 2016. WN Aban pak be March 13. 2016. 10%nmfneq to be paid upon Wr plellon q CaneWcton. r Approved by Day CowuVHouan9 Au1M1aMy on June 20, 201). Loan pnrMnb *,pored on Aprd 18, 2019. Approved by NNI" Autbo ey W Janury 18. 2019. T HeufngS ..Aganry,efns on wrdabM.. to fund be. moMornp and comb*.. enKebre related tithe Irmar Redavelopmem A90my'•Inuan9 bans preyed web N9 64.6M in kninf approved by City C.N,il braid on Jul/ 26, 2017. a N00.000 ryinaly appravetl by Ciry DwxA on Mrd, 8 N116. ien bans DaW IMou9M1 am of MrcM1 2019. Approved W CM CaunW en eepemeen 18. 2018. Apeemen a9M1 Merry Houee Livap Canaan. Inc Only finl year wmmtnwa n8„dad Mre. r Approved by CM CINn Hroufnq AulbonN on J." 19. 2019. a Appoved by Ciry C 11Mommq AulM1ody, en Mercer 6, 2D19. 0 $2.426.000 OHMS rn9Unt may be needed for the iii year commVnant of any LINK Stroller it other and ,.Kid avenue eepOe re not avaiabR. OW pregam nwma ..A.1de aXe, [bse out M pegram In HUD. 19D-11 19D-12 EXHIBIT 2 AVAILABLE LAND ASSETS FOR AFFORDABLE HOUSING DEVELOPMENT (1) 302 E. Twenty -Second Street a. APN:003-122-25 b. Lot Size: 27,817sf c. Current Zoning: R1 Single -Family Residence, which allows one house per lot. d. Parcel was acquired 10/30/2002 using Low and Moderate Income Housing Asset Fund - 20% Set Aside. e. Previous Use: Purchased from Cal Trans. It was a remnant parcel from the freeway widening project. The site was vacant and undeveloped at the time it was acquired. f. General Plan: Low Density Residential, which allows single-family residences and ancillary uses. g. Maximum du/ac: Seven units per acre. h. Site Condition / Environmental Conditions: Property is irregular in shape, is below the minimum lot size for a residential lot, and will most likely require the approval of several variances from the zoning code in order to facilitate a residential unit. (2) 1126 $1146 E. Washington Ave. a. APN:398-092-14 b. Lot Size: 62,347sf (1.43 Acres) c. Current Zoning: SD-84 d. Parcel was acquired 9/5/2007 using Low and Moderate Income Housing Asset Fund - 20% Set Aside e. Previous Use: Purchased from Cal Trans. Remnant parcel from freeway widening project. Cal Trans demolished five buildings on the site in the early 1990s. The site was vacant and undeveloped when it was acquired by the City. f. General Plan: District Center (DC), which is a designation that allows mixed -use development. g. Maximum du/ac: Up to 90 units per acre. h. Site Condition / Environmental Conditions: This property is located within the Transit Village sub -zoning district, which allows the most intense development within the SD- 84 district. Building types allowed include a Tuck Under product (3 stories/18 units per acre) up to a Tower on Podium (25 stories/90 units per acre). 19D-13 19D-14 EXHIBIT 3 Current Affordable Housing Development Project Timelines Projects under Construction First StreetLNp- —arbm —en t-sMr4401 E. First St Oct-15 Developer Submitted Request for Funds to CDA Apr-16 Planning Entitlements Approved Jun-17 Awarded Successor Agency Funds Jun-17 Relocation Plan Approved Sep-17 9% Low -Income Housing Tax Credits Awarded Jan-18 Final Housing Authority Loan Approved Mar-18 Close of Escrow Mar-18 Construction Initiated Aug-19 Anticipated Construction Completion Santa Ana Arts Collective -1666 N. Main St Jun-15 RFP Issued Nov-15 Approved HOME/CDBG Funds Mar-16 Submitted Application forAHSC (Cap & Trade Funds) Sep-16 Awarded AHSC (Cap & Trade) Funds Nov-16 9% Low -Income Housing Tax Credits Awarded Dec-16 Relocation Plan Approved Jul-17 Final Loan Approved/ Close of Escrow Jul-17 Planning Entitlements Approved Jul-17 Building Permits Pulled/Construction Initiated Apr-19 Anticipated Construction Completion Aug-19 Revised Project Completion Dote * (Foundation/Building SeismkAdjustments) Santa Ana Met, - 3312 W. First St Dec-16 RFP Issued for PBVs Apr-17 Approved HUD VASH PBVs Jun-17 Awarded HOME CHDO Funds Jun-17 Planning Entitlements Approved Jan-18 Awarded County Special Needs Housing Funds Feb-18 Submittal of 9% Low -Income Housing Tax Credit Application Jun-18 Award of 9% Low -Income Housing Tax Credits Dec-18 Close of Escrow Feb-19 Anticipated Construction Initiated Mar-20 Anticipated Construction Completion Page 1 of 4 19D-15 EXHIBIT 3 Projects in Pre -Development Aqua Housing - 317 E. 17th St Dec-16 RFP Issued for PBVs Apr-17 Approved PBVs Jun-17 Planning Entitlements Approved Jun-17 Approved Additional PBVs Jan-18 Awarded County Special Needs Housing Funds Jan-18 Submitted Application for HCD Infill Infrastructure Funds Jun-18 Award of HCD Infill Infrastructure Funds Aug-18 Submittal of 4% Low -Income Housing Tax Credit Application Oct-18 Allocation of 4% Low -Income Housing Tax Credits Mar-19 Anticipated Close of Escrow Apr-19 Anticipated Construction Initiated North Harbor VillFormerly Budget inn)) Mar-19 Start of Design Development Mar-19 Applied to FHLBSF for AHP Financing ($830,000) Mar-19 Award of VASH Vouchers & City Loan by City Council (89 Vouchers and $1,687,047) Mar-19 Start Environmental Approval Process with City of Santa Ana (CEQA/NEPA) Mar-19 Applied for Home Depot Grant ($500,000) Apr-19 First Submittal for Architectural Review May-19 Community Meeting Jun-19 Apply to HCD for MHP Funding (Amount TBD) Jun-19 Arch. Review Comments Received from City Jun-19 CEQA/NEPA Approval — City of Santa Ana Jun-19 Receive AHAP Contract Jun-19 AHP Award Date Jul-19 Resubmit Plans for 2ndArchitectural Review Jul-19 TCACApplication —2n'Round 2019 Jul-19 Apply for OCCF Financing (If Necessary) Jul-19 Receive Ministerial Approvals for Design Aug-19 Home Depot Grant Award Date Sep-19 OCCF Award (TBD — If Necessary) Sep-19 TCAC Allocation Sep-19 Start Construction Documents for Rehab Sep-19 Submit First Plan Check Dec-19 Receipt of First Plan Check Comments Dec-19 Submit Second Plan Check Jan-20 Receipt of Second Plan Check Comments Jan-20 Submit Third Plan Check Feb-20 Receipt of Permit Ready Feb-20 Construction Loan Closing Page 2 of 4 19D-16 EXHIBIT 3 Feb-20 Start of Construction Feb-20 Construction Complete Feb-20 Start of Lease Up Jun-20 Full Occupancy Francis Xavier - 801 809 8091/2 E. Santa Ana Boulevard Jan-19 Council Approval for Land Lease and Project Funding Jan-19 Submittal of Application for NPLH Funding Feb-19 Confirm with City Staff That Project Site Can Yield Additional Units Under Existing Zoning Mar-19 Revise Conceptual Drawings for additional 5 units (17 total units, up from the original 12 units) Mar-19 SNHP Funding Application Submitted to County Apr-19 City Staff to Review Revised Conceptual Design Apr-19 Begin Development Agreement May-19 Board of Supervisors Meeting for SNHP Funding Jul-19 Execute Development Agreement Jul-19 Formal Awards Letters for NPLH Funding To Be Issued Jul-19 Initial Planning Submittal Jul-19 Sunshine Ordinance Meeting Jan-20 Planning Commission Meeting (ministerial approval of density bonus) Feb-20 City Council Meeting (ministerial approval of density bonus) Feb-20 Begin Construction Docs Aug-20 Approval of Grading Plans Mar-20 Begin Construction (Grading, Weather Permitting) Mar-21 Completion of Construction Habitat for Humanity- 416 Vance Street & 826 N. Lacy Street Jul-19 DDA signed Aug-19 Prepare Grading Plans Aug-19 Land Conveyance Sep-19 Submit Grading/Improvements Sep-19 Prepare Architectural Plans Nov-19 Submit Architectural Plans Dec-19 Grading Permit Issued Jan-20 Commence Grading Feb-20 Building Permits Issued Feb-20 Begin Construction Jan-21 Anticipated Construction Completion Jan-21 Certificate of Occupancy/ Closings Page 3 of 4 19D-17 EXHIBIT 3 Santa Ana United Methodist @hutch "Legacy Square" {609 North Spurgeon Street) Aug-18 Santa Ana CDA Funding Application Dec-18 Apply for NPLH and SNHP Funds Jan-19 Santa Ana Funding Award Feb-19 Planning Entitlements Approved Feb-19 AHSC Funding Application May-19 Award of SNHP Funds Jun-19 AHSC Funding Award Aug-19 Apply for 4%tax credits Aug-19 Apply for Tax -Exempt Bonds Sep-19 Construction Drawings (8-12 weeks) Oct-19 Award of 4% tax credits Oct-19 Award of Tax -Exempt Bonds Dec-19 Plan Check (12-16 weeks) Jan-20 Building Permit Issuance Apr-20 Construction Closing/Syndication Apr-20 Begin Construction (18 months) Oct-21 Construction Complete Dec-21 100% Fully Leased (2 months) Tiny Tim Plaza - 2223 W. Sth St Dec-16 Developer Submitted Request for Funds to CDA Jun-17 Awarded City and Housing Successor Agency Funds Jan-18 Planning Entitlements Approved Jul-18 Submittal of 9% Low -Income Housing Tax Credit Application Oct-18 Award of 9% Low -Income Housing Tax Credits May-19 Anticipated Close of Escrow May-19 Anticipated Construction Initiated Page 4 of 4 19D-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: RECEIVE AND FILE REPORT ON WATER QUALITY (STRATEGIC PLAN NO. 5) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1$1 Reading ElOrdinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER CITY MANAGER RECOMMENDED ACTION Receive and File Water Quality Report. DISCUSSION The City's Water Resources Division provides potable drinking water for all of the City's residents and businesses, delivering an average of 30 million gallons each day. In order to accomplish this, the City owns and operates a water system that consists of 480 miles of pipe, 22 groundwater wells, 4 pressure control stations, 7 import water connections, 7 water booster stations and 8 reservoirs, and 45,000 metered service connections. The City publishes an annual report on the quality of the water served to all residents. The water quality served by the City has always exceeded all established enforceable water quality standards set by both Federal and State governments. Just recently, and as a result of monitoring water supplies under the Unregulated Contaminant Monitoring Rule phase three (UCMR3) monitoring regulations, the State and Federal regulatory communities have become concerned with two potential chemicals, namely perFluorooctanesulfonic acid (PFOS) and perflurooctonaoic acid (PFOA) in the groundwater. Both chemicals are part of a family of chemicals known as per- and polyfluoroalkyl substances (PFAS). Scientific studies of these chemicals indicate that exposure to PFAS can lead to significant health effects, especially in women who are pregnant or likely to become pregnant and in children. UCMR3 testing showed that none of these chemicals have been found in the City of Santa Ana water wells. However, the State Water Resources Control Board (SWRCB) requested that additional monitoring (sampling and testing) be conducted on one of the City's water wells as part of a state-wide monitoring mandate. The reason for selecting one particular City well for additional monitoring was based on the proximity of the well to others not owned by the City that have the potential to test positive for the 19E-1 Receive and File Report on Water Quality May 21, 2019 Page 2 chemicals. Wells in the Santa Ana River recharge area have tested positive for these two chemicals. PFAS are a diverse family of manmade chemicals resistant to heat, water, and oil that have been used for decades in hundreds of industrial applications and consumer products such as carpeting, apparel, upholstery, food paper wrappings, fire -fighting foams and metal plating. PFOS was voluntarily phased out of production in the U.S. between 2000 and 2002. PFOA, and chemicals that degrade to PFOA, have been phased out from emissions and products in 2015. PFAS are very stable and resistant to water and grease. For a while, and during the UCMR3 monitoring period from 2012 through 2015, reliable analytical methods to test for PFAS had high detection limits, as the analytical methods used were considered screening tools. However, due to advancement in detection technology, these chemicals are now being reliably detected at much lower levels. Just recently, the OCWD laboratory has gained accreditation of the most reliable and sensitive method by the state to run samples on a large scale. In California, the SWRCB requested that many large water suppliers test for PFAS. Statewide, 612 wells are required to be tested. On March 15, 2019, the SWRCB officially, in a Compliance Order, requested that the City sample Well 38. The City was directed to sample the well on a quarterly basis for one year, with the first sample to be collected before June 30, 2019. Although no enforceable Maximum Contaminate Level (MCL) exists for the two major PFAS compounds, California has adopted Interim Notification Levels of 14 parts per trillion (14 ng/L) for PFOA and 13 parts per trillion (13 ng/L) for PFOS. The United States Environmental Protection Agency (USEPA) has also issued an Advisory Response Level of 70 ng/L for the sum of both PFOS and PFOA. A nanogram is also known as a "part -per -trillion" and one nanogram per liter is the equivalent of four grains of sugar dissolved in an Olympic -sized swimming pool. Exceedance of the Notification Level requires the water system to inform the water system's governing body, and the governing body of any local agency whose jurisdiction includes areas supplied with drinking water by the water system. When the Notification Levels are exceeded, the SWRCB recommends that the source be removed from service and treated. When the Response Level is exceeded, and concentrations cannot be reduced below the USEPA Health Advisory Level, SWRCB recommends removing the source from service. Notification Levels are precautionary health -based advisory levels established by SWRCB Division of Drinking Water, while further research and analysis are conducted by the state to determine the necessity of setting an enforceable drinking water MCL. The state Notification Levels are based on the most sensitive known health endpoints for these compounds: lifetime cancer risk, liver toxicity, and immunotoxicity. The March 15, 2019 Compliance Order issued by the SWRCB; USEPA's PFAS Action Plan; and the State of California Media Release on Guidelines for testing and reporting on PFOA and PFOS in Drinking Water are included as Exhibits 1, 2 and 3. The quality of the City's water supply is one of the most important tasks of the Water Resources division, and the goal is to continue to keep Council informed of the progress of this very critical water quality issue. 19E-2 Receive and File Report on Water Quality May 21, 2019 Page 3 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5 — Community Health, Livability, Engagement & Sustainability. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is r)b fipcal impact associated with this action. 0 Fuad Swei, PE, PLS Executive girector Public Wor s Agency FS/NS/RR Exhibits: 1. March 15, 2019 SWRCB Order 2. EPA's PFAS Action Plan: A summary of Key Actions 3. SWRCB Media Release 19E-3 19E-4 �;h ��' Gxnn NEm'ou covcxxon B JPREo LOMENEELD JARED FOP Efl'/,NOxNENi1L 1nOiEG1'0:1 State Water Resources Control Board Division of Drinking Water March 15, 2019 System No. 3010038 Mr. Nabil Saba Water Resources Manager City of Santa Ana 220 South Daisy Ave. Bldg A Santa Ana CA 92703 ORDER NO. 05 08 19M 011 3010038 HEALTH AND SAFETY CODE SECTION 116400 ORDER REGARDING SAMPLING FOR PERFLUOROOCTANOIC ACID("PFOA")IPERFLUOROOCTANESULFONIC ACID ("PFOS") Dear Mr. Saba: Enclosed is Order No. 05_08 19M 011_3010038 (hereinafter "Order") issued by the State Water Resources Control Board ("State Water Board"), Division of Drinking Water ("DDW") to City of Santa Ana. Please note that there are legally enforceable requirements associated with this Order. The contamination of drinking water systems with per- and polyfluoroalkyl substances ("PFAS") has become an increasing concern due to the tendency of PFAS to accumulate in groundwater. Scientific studies indicate that exposure to PFAS can lead to significant health effects, especially in women who are pregnant or likely to become pregnant and in children. Of all PFAS compounds, PFOS and PFOA have been the most extensively produced and studied in the United States. Additional targeted testing needs to be completed to further identify the magnitude of the potential issue here in California. From 2013 to 2015, the federal Third Unregulated Contaminant Monitoring Rule required all large water systems (water systems serving over 10,000 people) to collect and analyze more than 12,000 drinking water samples for PFOS and PFOA. In addition, some water systems serving less than 10,000 people reported approximately 400 drinking water results for PFOS and PFOA. In May 2016, the United States Environmental Protection Agency (U.S. EPA) issued a lifetime health advisory for PFOS and PFOA for drinking water advising municipalities that they should notify their customers of the presence of levels over 70 parts per trillion of total combined PFOS and PFOA in community water supplies. U.S. EPA recommended that the notification of customers Include information on the increased risk to health, especially for susceptible populations. E. JOAOUIN Esn UIVEL, CHAIR i EILEEN SOBECK, EXECUTIVE DIRECTOR 2 MacArthur Place Suite 150, Santa Ana, CA 92707 i www.waterboards.ca.gov EXHIBITI t„T RECYCLED PAPER 19E-5 Mr. Nabil Saba - 2 - March 15, 2019 The California Office of Environmental Health Hazard Assessment (OEHHA) recommends interim notification levels for PFOA (based on liver toxicity, as well as cancer risks) and for PFOS (based on immunotoxicity). Accordingly, on July 13, 2018, after independent review of the available information on the risks, DDW established notification levels at concentrations of 13 parts per trillion for PFOS and 14 parts per trillion for PFOA. These levels are consistent with OEHHA's recommendations. Pursuant to Health and Safety Code section 116400, DDW is issuing the enclosed Order requiring testing for PFOA and PFOS along with all additional analytes using in the approved DDW testing methodology. As specified in the enclosed Order, your drinking water system sources that are specifically listed in the order are at risk for potential contamination by PFAS due to its proximity to adjacent facilities known to use, produce, or store PFAS. Additional information is provided at: http://waterboards. ca.gov/ofas Any person who is aggrieved by this Order may file a petition with the State Water Board for reconsideration of this Order. Information regarding filing petitions may be found at: http://www.waterboards.ca.gov/drinking water/programs/petitions/index.shtml DDW appreciates the hard work of the City of Santa Ana in maintaining safe drinking water at all times. The information gathered from the enclosed Order will assist the State Water Board in its mission to protect water resources and to address risks to health caused by PFAS in drinking water. In early April, DDW will provide a webcast training to provide additional information, share guidance, and answer questions. Details will be sent as the training develops. If you have any questions regarding this matter, please contact me at 714-558-4706, or at Ashley. Dummer(c waterboards.ca.gov. Sincerely, Ashley Dummer, P.E. Acting District Engineer Santa Ana District Enclosures: 1) PFAS Sampling Order 05 08 19M_011_3010038 2) Appendix 1: DDW Drinking Water Sample Collection for Per and Polynuorinated Alkyl Substances (PFAS) Sampling Guidance 19E-6 Mr. Nabil Saba - 3 - March 15, 2019 Cc: Anthony Martinez Orange County Health Care Agency Lauren Robinson-- .-- Orange County Health Care Agency Patrick Versluis Director of Water Quality, Orange County Water District 19E-7 19E-8 Order No. «Order Non 3010038 STATE OF CALIFORNIA STATE WATER RESOURCES CONTROL BOARD DIVISION OF DRINKING WATER Name of Public Water System: City of Santa Ana Water System No: 3010038 Attention: Mr. Nabil Saba, Water Resources Manager Issued: March 15, 2019 ORDER REQUIRING CITY OF SANTA ANA TO SAMPLE FOR PERFLUOROOCTANOIC ACID("PFOA")IPERFLUOROOCTANESULFONIC ACID ("PFOS") CALIFORNIA HEALTH AND SAFETY CODE SECTION 116400 The State Water Resources Control Board ("State Water Board"), acting by and through its Division of Drinking Water ("Division"), hereby issues Order No. 05_08_19M_011_3010038 (hereinafter "Order) pursuant to section 116400 of the Health and Safety Code to City of Santa Ana as set forth below: AUTHORITIES 1. Health and Safety Code section 116400 authorizes the State Water Board, if it determines that a public water system is subject to potential contamination, to order a public water system to conduct periodic water analysis in accordance with conditions specified by the State Water Board. Section 116400 specifies that the 19E-9 Order No. «Order_No»_3010038 water analysis shall be reported on a quarterly basis unless the State Water Board finds that reasonable action requires either more or less frequent analysis. 2. On July 13, 2018, pursuant to Health and Safety Code section 116455, the State Water Board: (1) established a notification level for perfluorooctanoic acid ("PFOA") at 0.000014 mg/L, and specified EPA Method 537 Rev. 1.1 as the analytical method; (2) established a notification level for perfluorooctanesulfonic acid ("PFOS") at 0.000013 mg/L, and specified EPA Method 537 Rev. 1.1 as the analytical method; and (3) established the response level for both PFOA and PFOS, combined, at 0.000070 mg/L. 3. Health and Safety Code section 116455 requires that within 30 days of a confirmed detection of a contaminant found in drinking water delivered by a public water system for human consumption that is in excess of a notification level set by the State Water Board, the public water system which supplies water directly to the end user shall notify the public water system's governing body and the governing body of any local agency whose jurisdiction includes areas supplied with drinking water by the water system. A local agency means a city and/or a county. If the water system is a water company regulated by the California Public Utilities Commission ("Commission"), then the water system shall also notify the Commission. 4. The drinking water system source specifically listed in this Order is at risk for potential contamination by per- and polyfiuoroalkyl substances (PFAS) due to proximity with adjacent source wells which are known to be contaminated with PFAS, as identified by testing conducted under the federal Third Unregulated Contaminant Monitoring Rule. 19E-10 Order No. «Order_Non_3010038 FINDING Therefore, for the reasons set forth above, the State Water Board determines that City of Santa Ana is subject to potential contamination from PFOA/PFOS. DIRECTIVES THEREFORE, the State Water Board hereby orders that the City of Santa Ana conduct periodic water analysis of PFOA/PFOS as follows: 1. On or before June 30, 2019, collect a sample from the following source to be analyzed for PFOA and PFOS. Samples shall be collected at least once each alendar quarter thereafter, and not less than for 4 quarters. Source Number Source Name 3010038-039 Well38 2. Samples collected pursuant to Directive 1 shall be analyzed using a laboratory accredited by the California Environmental Laboratory Accreditation Program (ELAP) for analysis of PFAS using either EPA Method 537.1 or EPA Method 537 Revision 1.1. The laboratory should conduct a complete analysis'for all PFAS analytes under the method for which it is accredited. For EPA Method 537, Rev. 1.1, analysis for 14 analytes should be conducted. For EPA Method 537.1, analysis for 18 analytes should be conducted. 3. Due to concerns regarding contamination of samples by PFAS which may be present in clothing worn, fabric, lotions, sunscreen, food wrappers, etc., extra precaution must be used when collecting samples to avoid false positive results. You must consult with your laboratory to ensure that appropriate sampling protocol is followed. An example sampling protocol for PFAS developed by the Division is attached to this Order. 19E-11 Order No. «Order No»_3010038 4. If laboratory analysis detects the presence of PFOA and/or PFOS in any sample above the notification levels, City of Santa Ana will have an option to conduct a confirmation sample within 30 days of being notified of the result by the laboratory. If a confirmation sample is collected and analyzed, all results will be averaged within that quarter to determine if the confirmed detection is greater than the notification level. A result below the laboratory method reporting limit will be assigned a value of zero when averaging. If a confirmation sample is not collected, notification pursuant to Health and Safety Code section 116455 is required. 5. If a positive result for a source is followed by a result less than the laboratory method reporting limit, a second confirmation sample may be taken by City of Santa Ana within 14 days of the first repeat sample. A positive initial result will be disregarded if two additional samples do not show the presence of the organic chemical, pursuant to title 22, section 64445.1, subd. (c)(1) of the California Code of Regulations. 6. Notification pursuant to Health and Safety Code section 116455 is required if, following the sampling and testing protocols set forth above, there is an exceedance of the notification levels for PFOA and/or PFOS in any of the listed source waters. 7. Notification pursuant to Health and Safety Code section 116455 is not required if, following an exceedance of notification levels for PFOA and/or PFOS, City of Santa Ana submits testing results following the sampling and testing protocols set forth above which shows that, following blending with another source or treatment, the water delivered to the customer does not exceed the notification levels for PFOA and/or PFOS. 8. The results of all analyses conducted pursuant to this Order shall be reported to the Board by the analyzing laboratory using the EDT (Electronic Data Transfer) process in accordance with section 64469 of title 22 of the California Code of 19E-12 Order No. 05_08_19M_011_3010038 Regulations. Analytical results shall be reported no later than the 10th day of the month following completion of the analysis. The State Water Board reserves the right to make modifications to this Order as it may deem necessary to protect public health and safety. Such modifications may be issued as amendments to this Order and shall be effective upon issuance. SEVERABILITY The directives of this Order are severable, and City of Santa Ana shall comply with each and every provision thereof notwithstanding the effectiveness of any provision. FURTHER ENFORCEMENT ACTION The California Safe Drinking Water Act authorizes the State Water Board to issue a citation or order with assessment of administrative penalties to a public water system for violation or continued violation of the requirements of the California Safe Drinking Water Act or any regulation, permit, standard, citation, or order issued or adopted thereunder including. The California Safe Drinking Water Act also authorizes the State Water Board to take action to suspend or revoke a permit that has been issued to a public water system if the public water system has violated applicable law or regulations or has failed to comply with an order of the State Water Board, and to petition the superior court to take various enforcement measures against a public water system that has failed to comply with an order of the State Water Board. Sean McCarthy, P.E. South Coast Section Chief State Water Resources Control Board Division of Drinking Water Date 19E-13 19E-14 Order No. «Order Non_3010038 Appendix (1): Division Drinking Water Sample Collection for Per and Polyfluonnated Alkyl Substances (PFAS) Sampling Guidance Certified Mail No. 7009 2250 0000 8391 7162 19E-15 19E-16 Appendix (1) Division Drinking Water Sample Collection for Per and Polyfluorinated Alkyl Substances (PFAS) Sampling Guidance 19E-17 19E-18 002 Water Boards DRINKING WATER SAMPLE COLLECTION FOR PER AND POLYFLUORINATED ALKYL SUBSTANCES (PFAS) SAMPLING GUIDANCE a + q sl vt i �a Y r x , F Photo by Valerie Gregory STATE WATER RESOURCES CONTROL BOARD DIVISION OF DRINKING WATER March 2019 19E-19 TABLE OF CONTENTS I. INTRODUCTION........................................................................... II. PURPOSE OF SAMPLING GUIDANCE ........................................ III. QUALITY CONTROL FIELD SAMPLE TYPES ........................... FIELDBLANK................................................................................... TRIPBLANK..................................................................................... IV. SAMPLING ACTIVITIES............................................................ AVOID SAMPLE CONTAMINATION................................................. BEFORESAMPLING........................................................................ SAMPLE COLLECTION PRECEDURE............................................. AFTERSAMPLING........................................................................... SAMPLE SHIPPING.......................................................................... ATTACHMENTA................................................................................... i ..................................... 1 ..................................... 2 ..................................... 2 ..................................... 2 ..................................... 3 ..................................... 3 ..................................... 4 ..................................... 4 ..................................... 5 ..................................... 6 ................................... 7 19E-20 DRINKING WATER SAMPLE COLLECTION FOR PER AND POLYFLUORINATED ALKYL SUBSTANCES (PFAS) SAMPLING GUIDANCE I. INTRODUCTION Obtaining representative samples and maintaining their integrity are critical elements of any monitoring program. Analytical methods may be standardized but the results of analyses are only as good as the sampling and the sample preservation methods. Sampling is the first key element in a monitoring program that must be performed properly to assure valid data. The goal of this sampling guidance is to present the steps for drinking water sampling on per and poly - fluorinated alkyl substances. Per- and polyfluorinated alkyl substances (PFAS) are a large group of synthetic fluorinated chemicals widely used in industrial processes and consumer products. These synthetic compounds are very persistent in the environment. People are exposed to these compounds through food, food packaging, textiles, electronics, personal hygiene products, consumer products, air, soils, and drinking water. Studies indicate that continued exposure to low levels of PFAS may result in adverse health effects. California water utilities tested drinking water supplies for perfluorooctanic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) between 2013 and 2015, as required by United States Environmental Protection Agency (USEPA) under the third Unregulated Contaminant Monitoring Rule (UCMR3). In May 2016, the USEPA issued a lifetime health advisory for PFOS and PFOA in drinking water, advising municipalities that they should notify their customers of the presence of levels over 70 parts per trillion (ppt) of total combined PFOS and PFOA in community water supplies. USEPA recommended that the notification of customers include information on the increased risk to health, especially for susceptible populations. On July 13, 2018, the State Water Resources Control Board's Division of Drinking Water issued a drinking water notification level (NL) of 14 ppt for PFOA and a NL of 13 ppt for PFOS due to liver toxicity and cancer risks (for PFOA) and immunotoxicity risks (for PFOS). The collection of PFAS drinking water data can support future regulatory determinations and other actions to protect public health. The analytical methodologies used to assess the PFAS in drinking water are EPA Method 537.1 (released in November 2018), and EPA Method 537 Revision 1.1 (2009). These are the only methods validated by the USEPA and acceptable to the Division of Drinking Water for drinking water analyses. II. PURPOSE OF SAMPLING GUIDANCE Due to the prevalent nature of PFAS in commonly used sampling materials and personal protective equipment, as well as in clothing, food packaging and personal care products, careful procedures must be implemented to prevent contamination of a field sample. The detection of 19E-21 PFAS Sampling Guidance PFAS at the low concentrations that pose a health risk requires careful planning, sampling and shipping techniques that ensure the integrity of the sample. This sampling guidance provides recommendations to reduce such contamination sources and provides information for samplers to ensure collection of a valid sample. Results from sampling of drinking water sources should be reported electronically by the analyzing laboratory to the Division of Drinking Water. III. QUALITY CONTROL FIELD SAMPLE TYPES Due to the low detection limits of PFAS in the drinking water, the Division of Drinking Water is specifying the use of both a field blank and trip blank. These special quality control sample techniques must be discussed with the laboratory to ensure proper sample containers and materials are on hand when sampling begins in the field. FIELD BLANK A field blank is analyzed to assess the potential for PFAS contamination being introduced during the sampling process and consists of a sample bottled filled at the sample site using reagent water provided by the laboratory. The field blank must be collected at each sample site and stored in the ice chest used to store and transport samples. The laboratory will provide the field blank sample bottle, the reagent water and the preservative (if not already added to the sample bottles). Field Blank Procedure: At the sampling site, the sample personnel must open the field blank sample bottle, pour the reagent water into the sample bottle, seal and label this bottle as the field blank. Record the field blank identification number on the chain of custody (COC) form. This sample is shipped back to the laboratory along with the site samples. The empty container that the field reagent water was poured out of must also be shipped back to the laboratory in the same shipment. TRIP BLANK This sample is to evaluate potential contamination from sample shipping and handling procedures. At least one trip blank per ice chest is required. The laboratory will provide the trip blank. Carry the trip blank as received from the laboratory to the field site. Do not open the trip blank but place it in the ice chest with the water samples collected and submit to the laboratory for analysis along with the field -collected samples. Record the trip blank identification number on the COC. 19E-22 PFAS Sampling Guidance IV. SAMPLING ACTIVITIES Become thoroughly familiar with sample collection and shipping requirements before proceeding to the site to collect water samples. Ensure adequate sample containers are on hand to sample each site, including the trip blank and one field blank per site. Keep clear and precise written field records. Implement the methods described in this document conscientiously and consistently. Departure from these procedures requires documentation in the field notebook. All samples shall be collected directly from a sample tap on the well discharge line, with the well operating and at a location prior to any treatment. The well should be flushed to waste at least 15 minutes before sample collection. Use of a laboratory accredited to analyze for PFAS using EPA Method 537.1 or EPA Method 537 Revision 1.1 is required for samples reported to the Division of Drinking Water. A list of laboratories accredited by the California Environmental Laboratory Accreditation Program (ELAP) can be found at this internet site: httos://www.waterboards.ca.gov/drinking water/certlic/drinkinowater/PFOA PFOS.html AVOID SAMPLE CONTAMINATION PFAS compounds are detected at very low levels (parts per trillion). Therefore, there could be materials used by the sampler, or present at the sampling site, that could contaminate the sample. All persons involved in the sampling event should refrain from the use of the following products at least 24 hours prior to the sampling event and until the samples have passed to the next person in the COC: • Do not use 24 hours prior to sample event: o Cosmetics, moisturizes, sun blocks, fragrances, creams, or other personal care products (including hair products) o Pre -packaged food, fast food or items wrapped in aluminum foil o New or unwashed clothing o Clothing washed with fabric softeners or dried with anti -static sheets • Other items that are likely to contain PFAS and need to be avoided include: o Teflon@ and other fluoropolymer containing materials o Glass bottles, waterproof /treated paper on field notebooks o Waterproof markers (such as Sharpie®, etc.) o Adhesive paper products (such as Post -It ®Notes or scotch tape) 19E-23 PFAS Sampling Guidance o Synthetic water-resistant/or stain -resistant materials (such as waterproof clothing and shoes such as Gore -Tex), waterproof or coated Tyvek® material (special attention to boots) o Sealable bags (e.g., zip -lock ® plastic bags) that are not provided by the laboratory. (Note: only ultra -clean polypropylene or HPDE material sealable bags are allowed) • Avoid sampling during rain if possible (if necessary please use, vinyl or PVC rain gear) • Fill gasoline in the vehicle the day before sampling • Never eat, drink or smoke during sampling activity BEFORE SAMPLING • Complete materials and supplies checklist (Attachment A). • Familiarize yourself with each site being sampled. • Coordinate the sampling event with the accredited laboratory. The laboratory will provide containers, sample preservation, COC forms, Ice chest, quality control samples, and shipping instructions. • Bottles should be labeled before sample collection. • Ensure sufficient number of sample battles and preservatives before departure. It is recommended to request extra bottles, in case of damage to bottles during shipping or handling during the sampling event. • Ensure that the ice chest interior is clean. • Fill the Ice chest with wet ice (not dry ice, blue ice or reusable chemical ice) before departure for the sample collection event. Keep water drained from ice chest to avoid soaking the containers. • Ensure an adequate number of sealable bags are available to store all sample bottles. SAMPLE COLLECTION PRECEDURE • Sampling taps and plumbing should be free of materials containing Teflon® (such as Teflon® tape at plumbing joints). • Wash hands with Alconox O soap and detonized water before each sampling event. • Wear nitrite gloves while filling and sealing the sample bottles, using a new pair of nitrle gloves with each sample. • Samples must be collected in a wide mouth 250 mL polypropylene bottle (provided by the laboratory) fitted with a polypropylene screw cap. • Each bottle needs to be preserved before sample collection with 5 g/L Trizma®, unless the preservative has been added to the bottles by the laboratory. 0 19E-24 PFAS Sampling Guidance • Ensure that the sample container is labeled appropriately, check that the label ID number on the sample container matches the COC form. • Collect the sample: o Open the sample tap and allow the system to flush until the water temperature has stabilized, or until a minimum of one well casing volume has been flushed out. It is recommended that wells be allowed to flow for a minimum of 15 minutes before sampling to ensure that the sample reflects the water quality of the source. o Reduce the flow to a slow laminar stream to reduce air entrainment and overfilling of the bottle. o Uncap the sample bottle. Do not place the bottle cap on any surface when collecting the sample, and avoid all contact with the inside of the sample bottle or its cap. o Fill sample bottle, taking care not to flush out the sample preservation reagent. Samples do not need to be collected headspace free, but a volume of 250 mL is necessary for the sample analysis. o After collecting the sample, cap the bottle and gently agitate by hand until preservative is dissolved. o Place the sample bottle(s) in an individual sealed plastic bag (provided by the laboratory), and then into the ice chest with ice surrounding the bottles. (Note: only ultra -clean polypropylene or HPDE material sealed bags are allowed). • Place the COC seal across the top of each sample bottle cap. • Sample personnel will collect appropriate quality control samples (field blank, trip blanks and split samples). One field sample per sample site, one trip blank per ice chest. • A two -person sample team is recommended: One team member obtains the samples, and other records the. samples in the COC form with the sample collection information. • Record field site observations in the field notebook' (such as types of pipes and fittings, time well operated prior to sample, site characteristics, atmospheric conditions, etc.). Take pictures documenting the specific conditions encountered and how the sample was collected. Record this information at the time of sampling. AFTER SAMPLING All team members coming out of the site sampling area must immediately conduct personal decontamination. • Remove your gloves and place them in a sealable plastic bag. • Wash your hands with Alconox ® soap and rinse with deionized water. ' The field notebook should not be waterproof 19E-25 PFAS Sampling Guidance SAMPLE SHIPPING • Samples should be stored in ice chests at least 1/3 filled with wet ice and do not exceed 100C (50°F) until analyzed at the laboratory. If the immediate analysis is not possible, samples should be stored at 10°C (50°F) while independently enclosed to their individual sealed bag provided until extraction but must not be frozen or stored in blue ice/chemical ice. o Samples must arrive at the laboratory within 48 hours of sampling, and at a temperature between 10°C (50°F) and 0°C (32°F) but not frozen. o If samples are received at the laboratory more than 48 hours after sampling they must be between 6°C (42.8°F) and 0°C (32°F) but not frozen. • Pack the bottles (which are placed inside sealable plastic bags provided by the laboratory) upright in the ice chest. Ensure that the bottles cannot move sideways at all. Any extra space should be packed with ice. • Put additional Ice inside of double plastic bags and place these on top of the bottles. The COC form will accompany all samples and be filled out at the same time samples are collected.z The COC form is an integral part of sample QA/QC, each ice chest should include a COC. o Ensure that the COC is complete and ready to be signed by lab representative, carrier or overnight service, and retain the sender's copy. o Place the COC in a sealed plastic bag (1 gallon) inside of the cooler. • Seal the ice chest firmly by wrapping tape around it multiple times. Put labels stating "keep chilled" on the outside of the ice chest. • Attach plastic overnight carrier tags to the ice chest's handle, retain the marked sender's copy for the record tracking number. • Provide the shipping information to the laboratory and communicate the potential time of arrival of the samples. 2 The general Information from the COC could be filled ahead (Contact Information, samplers name) 19E-26 PFAS Sampling Guidance ATTACHM ENT A Recommended Materials and Supplies Checklist: ❑ Sampling procedure document (Methods for sampling) ❑ Site location Information ❑ Chain of custody forms ❑ Extra sample labels for each sample ❑ Sample bottles ❑ Number of sites to be sampled: ❑ Number of sample bottles: ❑ Number of Field Blanks: ❑ Number of Trip Blanks: ❑ TrizmaO (preservative, unless added to the bottles by the laboratory) ❑ Cooler (ice chest) and ice ❑ Packing material if samples are to be shipped ❑ Field notebook, but not waterproof paper ❑ Office supplies (pens, tape) ❑ Powderless nitrile gloves ❑ Paper towels ❑ Scissors/cutter ❑ Deionized water (DI) ❑ Resealable bags [(jumbo (2.5 gal); large (1 gal); and medium (1quarter)] ultra -clear Polypropylene or HPDE material (only). ❑ Alconox ® soap ❑ Folding table ❑ Field clipboard ❑ Overnight carrier shipping forms 0 Temperature/pH/EC meter ❑ Safety glasses ❑ Camera and charger— ensure time and date stamps are on digital camera image 7 19E-27 19E-28 EPA's PFAS Action Plan outlines concrete steps the agency is taking to address PFAS and to protect public health., EPA's Per- and Polyfluoroalkyl Substances (PFAS). Action Plan: • Demonstrates the agency's critical national leadership,. I by providing both short-term solutions and long-term strategies to address this important issue. • Provides a multi -media, multi -program, national research and risk communication plan to address this emerging environmental challenge. • Responds to the extensive public input the agency has received over the past year during the PFAS National Leadership Summit, multiple community engagements, and through the public docket. EPA is taking a proactive, cross -agency approach to addressing PFAS. The key actions EPA is taking to help provide the necessary tools to assist states, tribes, and communities in addressing PFAS are summarized below. I T EPA is moving forward with the Maximum Contaminant Level (MCL) process for PFOA and PFOS—two of the most well-known and prevalent HAS chemicals. The Agency is also gathering and evaluating Information to determine If regulation is appropriate for a broader class of PFAS. The next step in the Safe Drinking WaterAct process for issuing drinking water standards is to propose a regulatory determination. This provides the opportunity for the public to contribute to the information the EPA will consider related to the regulation of PFAS in drinking water. EPA continues strengthening enforcement authorities and clarifying cleanup strategies through actions such as designating PFOA and PFOS as hazardous substances and developing interim groundwater cleanup recommendations. This important work will provide additional tools to help states and communities address existing contamination and enhance the ability to hold responsible parties accountable. EPA is considering the addition of PFAS chemicals to the Toxics Release Inventory and rules to prohibit the uses of certain PFAS chemicals. The Toxics Release Inventory would make information about certain PFAS releases reported by certain industrial sectors and federal facilities available. Additionally, the TSCst new chemicals program will help manage and, as necessary, reduce risk to human health and the environment from new PFAS. ')NITCIF EPA will propose nationwide drinking water monitoring for PFAS under the next UCMR monitoring cycle. Monitoring results will improve understanding of the frequency and concentration of PFAS occurrence in drinking water, which can be used to inform regulatory action. EPA is rapidly expanding the scientific foundation for understanding and managing risk from PFAS. Improved detection and measurement methods, additional information about PFAS presence in the environment and drinking water, better understanding of effective treatment and remediation methods, and more information about the potential toxicity of a broader set of PFAS will help EPA, states, and others better manage PFAS risks. EPA uses enforcement tools, when appropriate, to address PFAS exposure in the environment and assist states in enforcement activities. EPA seeks to support communities that have PFAS releases by using federal enforcement authorities, where appropriate. RISK [OMMONt[ATICINS EPA will work collaboratively to develop a risk communication toolbox that Includes multi -media materials and messaging for federal, state, tribal, and local partners to use with the public. This will help ensure clear and consistent messages to the public and will help address concerns related to PFAS. EXHIIS E -2 9 19E-30 State Water Board Releases Guidelines for Testing and Reporting on PFOA and PFOS in Drinking Water Division of Drinking Water Provides Guidance to Water Systems Statewide For Release: July 13, 2018 Contact: George Kostyrko george. kostyrko (a_)waterboards.ca.gov SACRAMENTO — The State Water Resources Control Board today established new drinking water guidelines for local water agencies to follow in detecting and reporting the presence of contaminants once used in grease and stain -resistant coatings for consumer products and firefighting foams. The guidelines adopted by the board's Division of Drinking Water (DDW) set interim Notification Levels of 14 parts per trillion (ppt) for perfiuorooctanoic acid (PFOA) and 13 ppt for perfluorooctanesulfonic acid (PFOS), chemicals that were widely used in consumer products until they were phased out in the 2000s due to health concerns. Exposure to PFOA and PFOS over certain levels is associated with adverse health effects that include cancer and developmental harm. The new guidelines are based on the most health protective levels set by other states and follow a recommendation by the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment. The notification levels are being adopted on an interim basis while OEHHA conducts further analysis and develops a final recommendation later this year. The notification guidelines do not require water agencies to test their water for these contaminants, although most California water systems serving more than 10,000 people already have. But if they do test and the level is exceeded, then water agencies are required to report the results to their governing boards and to the State Water Board. They are also urged to report this information to their customers. The establishment of a notification level is often an initial step in the process of adopting a formal state regulatory standard, called a Maximum Contaminant Level. Data collected as a result of the new guidelines, reflecting the extent and levels of contamination, will inform DDW's decision about whether to adopt a regulatory standard for PFOA and PFOS. As part of these guidelines, DDW is also establishing an interim Response Level of 70 ppt for the total combined concentration of PFOA and PFOS, consistent with the U.S. Environmental Protection Agency's health advisory level established in 2016. If this level is exceeded in STATE WATER RESOURCES CONTROL BOARD loci I Street, Sacramento, CA 95816 • Malting Address: P.O. Box 100, Sacramento, CA 95812-0100 • www.waterboards.ca.9ov Exx"V 31 drinking water provided to consumers, DDW recommends that the water agency remove the water source from service. In California 455 public water systems have tested for PFOA and PFOS. Of those, eight systems reported exceedances of the 70 ppt level for either PFOA, PFOS or both combined. These systems either have taken steps to treat their water to a level below the health advisory or have taken the water source out of service. Part of a family of chemicals known as perfluoroalkyl substances, PFOA and PFOS were routinely used in grease -proof coatings for food packaging; stain -resistant coatings for carpets, clothing and furniture; and as an ingredient in coatings for not -stick cookware. In addition, these compounds have also been used in fire -retarding foams and various industrial processes. While consumer products are a large source of exposure to these chemicals for most people, drinking water has become an increasing concern due to their persistence in the environment and tendency to accumulate in groundwater. Groundwater contamination is typically localized and associated with an industrial facility where these chemicals were manufactured or used in other products, or airfields which used the chemicals for firefighting. For more information on the work the State Water Board's Division of Drinking Water is doing in tracking voluntary monitoring and reporting by public water systems with these two compounds, please visit a resource page found here. M. 19E-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: AWARD A BLANKET ORDER CONTRACT IN THE AMOUNT OF $100,000 TO AMAZON CAPITAL SERVICES, INC. FOR ONLINE MARKETPLACE PURCHASE OF GOODS (SPECIFICATION NO. 19-028) (STRATEGIC PLAN NO.7, 5E) r _ MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Award a blanket order contract to Amazon Capital Services, Inc. for online marketplace purchase of goods for a one-year period expiring March 31, 2020, with provisions for four, one-year renewals exercisable by the City Manager, in an annual amount not to exceed $100,000, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Finance and Management Services Agency - Purchasing Division is responsible for the acquisition of the City's non -Public Works related goods and services at the lowest total cost. Specifically, goods purchased under $5,000 which are infrequent in nature and do not warrant a contract, Amazon Capital Services, Inc. provides a competitive selection of products at a reasonable price. In these instances, comparison pricing between resellers has occurred within the Amazon marketplace; as a result, a lower cost along with free and time -sensitive shipping has been provided to City Departments. The majority of expenditures purchased through Amazon are related to City mobile telecommunications; computer equipment; related software or hardware; along with office essentials that are not included in our office supply contract. To date, the City has spent approximately forty-eight thousand dollars ($48,000) through the Amazon Business marketplace while providing the City with efficient method in procuring products. Approval of the purchase order will allow for continued efficiencies to be realized by City Departments, including the Information Technology Department when fulfilling City department's technology needs. Amazon.com rolled out their Amazon Business site during calendar year 2015. The Amazon Business site is tailored specifically for the public sector, including state and local government agencies, public and private K-12 school districts. The site offers comparison shopping, price 22A-1 Blanket Order Contract for Amazon Business May 21, 2019 Page 2 discounts, item and category restricted process flow tools and reporting, prime same -day or next day shipping and net 30 payment terms. Additionally, the Purchasing Department, in collaboration with the County of Orange, is working with the Amazon Buy Local Government team to provide feedback and recommendations to assist in our needs with the "preferred vendor" features within the Amazon site. With our feedback, Amazon would like to build out the search and reporting features specifically with our local vendor preference in mind. Currently, there are over 20,000 vendors located within Orange County selling on Amazon with 840 of them in Santa Ana. As a component of Amazon's feedback and test team for local government, there is potential to utilize the Amazon Business site to reach new Santa Ana businesses, track local spend for non -contracted items and even create local vendor percentage spend goals. Santa Ana City Ordinance No. NS-2312 authorizes the City to purchase against contracts from any public agency utilizing a competitive bid process. Amazon Capital Services, Inc. is offering the OMNIA Partners national cooperative contract for on-line marketplace for the purchase of products and services. The contract was awarded as a result of open, competitive bidding conducted by the Prince William County Public Schools (based in the State of Virginia) on behalf of all governmental and public agencies, and meets the City's current requirements. Utilizing the OMNIA Partners cooperative contract allows the City to access the online marketplace with no costs, minimum quantity requirements or spend limits. However, at this time Staff is recommending an award of up to $100,000 for the current fiscal year (2018-19) along with four annual renewals not to exceed one -hundred thousand ($100,000) annually. STRATEGIC PLAN ALIGNMENT Approval of this item supports efforts to meet Goal #7 — Team Santa Ana, Objective 5, (create a culture of innovation and efficiency within the organization) Strategy E (Identify best practices and opportunities for process improvement and automation across City Departments in order to provide effective and efficient delivery of City services to the community). FISCAL IMPACT Funds for the duration of the contract period, an amount not to exceed $100,000 annually, will be included in various departmental Miscellaneous Operating Expense account (no. 63001). APPROVED AS TO FUNDS AND ACCOUNTS: ZL� Kathryn Do ns, CPA Executive Director Finance and Management Services Agency 22A-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: AWARD A $874,300 CONSTRUCTION CONTRACT TO EBS GENERAL ENGINEERING, INC. FOR THE RESIDENTIAL STREET REPAIR AND ALLEY IMPROVEMENT PROJECT (PROJ. NOS. 18-7526, 18-7527 AND 18-6910) (STRATEGIC PLAN NO. 6, 1B; 1C; 1G) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1� Reading ❑ Ordinance on 2n1 Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO yi FILE NUMBER CITY MANAGER RECOMMENDED ACTION Award a contract to EBS General Engineering, Inc., the lowest responsible bidder, in accordance with the base bid in the amount of $874,300, for construction of the Residential Street Repair Program and Alley Improvement Project, for the term beginning upon execution of the contract and ending upon project completion, and authorize the City Manager and the Clerk of the Council to execute the contract subject to non -substantive changes approved by the City Manager and the City Attorney. Approve the Project Cost Analysis for a total estimated construction delivery cost of $1,092,874, which includes the $874,300 contract, $87,430 as a 10% project contingency, $59,000 for Contract Administration, and $72,144 for Inspection and Testing. The project will be paid by Community Development Block Grant and Measure M2 Local Fairshare funds. The budget is sufficient to cover the contract. DISCUSSION The City's Pavement Management System has identified local streets located in the Heninger Park neighborhood, Madison Park neighborhood, and an alley in the Eastside neighborhoods as high -priority road pavements in need of rehabilitation (Exhibit 1). The pavements are deteriorating due to weather, age, and heavy use. The improvements include performing localized concrete pavement reconstruction, replacing damaged concrete curbs, gutters, sidewalks, cross gutters, and curbs ramps, and sealing cracks to prevent deterioration from water infiltration. Once completed, these improvements will enhance the ride quality, surface drainage, and appearance of the neighborhoods. In order to proceed with the project, besides the award of the construction contract, staff is also seeking Council authorization to set aside funds for contingency, and to cover City staff costs to perform Construction Management, inspect the work, and complete required materials testing, all 23A-1 Award Contract EBS General Engineering, Inc. Residential Street Repair and Alley Improvement Project May 21, 2019 Page 2 to ensure quality and workmanship. The table below summarizes the funds that staff is requesting: Construction Contract $874,300 Construction Administration $59,000 Inspection and Testing $72,144 Contingencies $87,430 TOTAL ESTIMATED FUNDS NEEDED $1,092,874 The costs to cover City staff responsible to deliver Capital Projects are paid by the project funds, and no additional nor separate funding is used to pay for staff delivering Capital Projects. A Notice Inviting Bids was advertised on February 1 and February 6, 2019, and bids were opened on February 20, 2019. The following is a summary of the bid invitations made and the bids received: Contractor Participation Data Santa Ana contractors receiving notices 25 Contractors requesting bidding documents 22 Bids received M Bids received from Santa Ana contractors 1 Outreach To provide an opportunity for local vendors to submit bids, the City has been utilizing PlanetBids which is web -based system. Through this system, 25 qualified local vendors were notified of the opportunity to bid on this project. Bid Results Summary RANK BIDDER'S NAME LOCATION BASE BID 1 EBS General Engineering, Inc. Corona $874,300 2 Hardy & Harper, Inc. Santa Ana $977,990 3 Gentry General Engineering Inc. Rancho Cucamonga $982,549 4 Excel Paving Co Long Beach $1,079,701 5 Nobest Incorporated Westminster $1,114,625 6 ONYX Paving Company Inc. Anaheim $1,777,000 23A-2 Award Contract EBS General Engineering, Inc. Residential Street Repair and Alley Improvement Project May 21, 2019 Page 3 A total of six (6) bids were received, and all were deemed responsive. EBS General Engineering, Inc., submitted the lowest responsive bid in the amount of $874,300 (Exhibit 2). Based on the bid analysis and a contractor's reference check, staff recommends awarding the construction contract to EBS General Engineering, Inc., in the amount bid (Exhibit 3). STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy B (equitably maintain existing streets and associated assets in a state of good repair so they are clean, safe and aesthetically pleasing for all users), Strategy C (invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard), and Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment Plan - e.g., neighborhood streets, traffic improvements, etc.). ENVIRONMENTAL IMPACT In accordance with the California Environmental Quality Act, the recommended actions are exempt from further review. Categorical Exemption Environmental Review No. ER-2019-29 was filed for the project. In addition, a Certification of Categorical Exclusion and Statutory Work sheet have been prepared in accordance with the National Environmental Policy Act. FISCAL IMPACT As indicated in the Cost Analysis (Exhibit 4), the estimated total construction delivery cost of the project is $1,092,874. The Measure M2 Local Fairshare project funding will come from money already received. The following table summarizes the Funds budgeted for expenditure to deliver construction of this project: Accounting Unit — Accounting Unit - Fiscal Year Account No. Fund Description Account No. Amount Project No. Description FY 19-20 13518783-66220 Community Development CDBG Programs, Improvements Other $555,555 July -June (18-7526) Block Grant Than Buildings FY 19-20 13518783-66220 Community Development CDBG Programs, Improvements Other $421,609 July -June (18-7527) Block Grant Than Buildings Measure M Measure M2 Local FY 19-20 03217662-66220 Street Fairshare, $115,710 July -June (18-6910) Construction Improvements Other Than Buildings Total $1,092,874 23A-3 Award Contract EBS General Engineering, Inc. Residential Street Repair and Alley Improvement Project May 21, 2019 Page 4 All Funds are scheduled for expenditure by the end of Fiscal Year 2019120. APPROVED AS TO FUNDS & ACCOUNTS: Fuad S eiss, PE, PLS Kafhryn Do ns, CPA Mias Executive Rrector Executive Director Public Work Agency Finance and Management Services Agency FSS/EWG/TC Exhibits: 1. Location Map 2. Bid Proposal 3. Construction Contract 4. Cost Analysis 23A-4 SMTA MA Project No. 18-726, 18-7527 & 18-6910: P�i Residential Street Repair Program and at Alley Improvement FY17/18 Exhibit 1 23A-5 23A-6 City of Santa Ana EXHIBIT 2 Page 1 Residential Street Repair Program and Alley Improvement FY 17/18 (18-7526,18.7527 & 18-6910), bidding on February Printed D3/01/2019 Bid Results Bidder Details Vendor Name -EBS GENERAL ENGINEERING INC Address 1320 E SIXTH ST STE 100 CORONA, CA 92879 United States Respondoo JOSEPH A.NANCI RespondeeTitle PRESIDENT Phone 951-279-6869 E#. Email BIDS@EBSGENERAL.COM Vendor Type License # CA DIR Bid Detail Bid Format Electronic Submitted February 20, 2019 1:34:48 PM (Paatfic) Delivery Method Bid Responsive Bid Status Submitted Confirmation # 167649 Ranking 0 Respondes Comment Buyer Comment Attachments File Title File Name File Type EBS Proposal Combined Proposal.pdf General Forms OWNERSHIP OWNERSHIP.PDF Ownership Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition BID BOND BID BOND.PDF Bid Bond Guaranty (Notary Public) - REQ Original Hard Copy Submittal In Addition NON -COLLUSION NON-COLLUSION.PDF Non-Colluslan Affidavit (Notary Public) - REQ Original Hard Copy Submittal In Addition Line Items Type Item Code uom Cty Unit Price Llns Total Comment Base Bid Proposal 1 Unclassified Excavation CY 430 $135.00 $58,050.00 2 Asphalt Concrete (AC) Pavement TN 40 $250.00 $10,000.00 PlanetOlds, Inc. 23A-7 City of Santa Ana Page 2 Residential Street Repair Program and Alley Improvement FY 17118 (18.7526,1 a-7527 & 18.6910), bidding on February Printed 0310112019 Bid Results Type Item Code UOM OtY Unit Price Line Total Comment 3 Aggregate Base TN 100 $45.00 $4,500.00 4 Removal of 6" PCC at Various Locations GY 1120 $135.00 $151,200.00 5 Construct 6" PCC Pavement with (3day) Cure including Dowels Cy 1120 $230.00 $267.600.00 6 Crack Seal with Deere Super Gray LF 3=0 $4.25 $127,500.00 7 Construct PCC Sidewalk (T=4") SF 6100 $5.00 $30.600.00 8 Construct PCC Driveway Approach (T=6")' , SF 900 $7.00 $6,300.00 9 Construct PCC Curb Ramp SF 6000 $11.00 $86,000.00 10 Construct PCC Curb and Gutter (A-2.6) LF 100 $35.00 $3,500.00 11 Construct PCC Curb and Gutter (B-1) LF 400 $35.00 $14,000.00 12 Construct PCC Alley Apron (T=8") SF 400 $10.00 $4,000.00 13 Construct PCC Alley (T=8") with (3-Day) Cure CY 160 $330.00 $52,800.00 14 Construct PCC Crass -Gutter (Local Street) SF 2200 $9.00 $19,800.00 15 Grind PCC LF 300 $30.00 $9,000.00 16 Root Shave EA 16 $400.00 $6,400.00 17 Adjust Sewer Manhole Frame and Cover to Finished Grade EA 15 $500.00 $7,500.00 18 Fumish and Install Water Valve Frame and Cover to Grade EA 15 $650,00 $9,750.00 PlanetBlds, Inc. 23A-8 City of Santa Ana Page 3 Residential Street Repair Program and May Improvement FY 17118 (18-7526,18.7527 & 18-6910), bidding an February Pdnted 0310112019 Bid Results Type Item Code UOM Oty Unit Price Line Total Comment 19 Furnish and Install 1f2' Thick by 16' Wide Polyfoam LF 100 $25.00 $2,500.00 20 Signing and Striping LS 1 $21,000.00 $21,000.00 21 Project Advertising Sign EA 2 $1,200.00 $2,400.00 22 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $874,300.00 Total $874,300.00 PlanotSlds, Inc. 23A-9 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 ID PROPOSAL TO: CITY COUNCIL OF THE CITY OF SANTA ANA FROM: EBS General Engineering, Inc. REQUIREMENT: The undersigned bidder declares that they have carefully examined the location of the proposed work, that they have examined the Contract Documents in its entirety and hereby proposes to furnish all material and do all the work required to complete the said work in accordance with said plans (if any) and the specifications for the unit price(s) or lump sum(s) set forth in the following schedule: Item Description Qty Unit Unit Price Amount 1 Unclassified Excavation* 430 CY $ $ 135 58,050 2 Asphalt Concrete (AC) Pavement* 40 TN $ $ 250 10,000 3 Aggregate Base* 100 TN $ $ 45 4500 4 Removal of 6" PCC at Various Locations* 1,120 CY $ $ 135 151,200 5 Construct 6" PCC Pavement with (3-day) 1,120 CY $ $ Cure including Dowels 230 257,600 6 Crack Seal with Deere Super Gray* 30,000 LF $ $ 4.25 127,500 7 Construct PCC Sidewalk (T=4")* 6,100 SF $ $ 5.00 30,500 8 Construct PCC Driveway Approach 900 SF $ $ (T=6")* 7.00 6300 9 Construct PCC Curb Ramp 6,000 SF $ $ 11 66,000 10 Construct PCC Curb and Gutter (A-2-6)* 100 LF $ $ 35 3500 11 Construct PCC Curb and Gutter (B-1)* 400 LF S $ 35 14,000 12 Construct PCC Alley Apron (T=8") 400 SF $ $ 10 4000 PCC Alley (T=8") with (3-Day) 160 CY $ $ EConstruct Cure 330 52,800 l Construct PCC Cross -Gutter (Local Street) 2,200 SF $ $ 9.00 19,800 e 7� CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 Item Description Qty Unit Unit Price Amount 15 Grind PCC 300 LF $ $ 30 9000 16 Root Shave 16 EA $ 400 $ 6400 17 Adjust Sewer Manhole Frame and Cover to 15 EA $ $ Finished Grade 500 7500 18 Furnish and Install Water Valve Frame and 15 EA $ 650 $ 9750 Cover to Grade 19 Furnish and Install %:" Thick by 16" Wide 100 LF 25 2500 Polyfoam 20 Signing and Striping I LS $ 21,000 $ 21,000 21 Project Advertising Sign 2 EA $ 1200 $ 2400 22 Labor Agreement Oversight 1 LS $ 10,000 $ 10,000 23AI 1 1 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 TOTAL BASE BID $ 874,300.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the "25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within fifty (50) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER L Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) ACTION AND RESOLUTION BY THE BOARD OF DIRECTOR OF EBS GENERAL ENGINEERING, INC A CALIFORNIA CORPORATION A11 of the Board of Directors of EBS General Engineering, Inc., desiring to insure thatall the proper and authorized individuals, who have corporate authority to bind the said corporation to any and contracts executed by such authorized individuals, have been approved by the board of directors of EBS General Engineering, held a meeting on January 3, 2010. The Board, following a review of the foregoing matter, and upon motion made and seconded, the Board of Directors hereby determines and votes unanimously as follows: BE IT THEREFORE RESOLVED that Joseph Nanci is hereby designated, authorized and empowered, to be duly authorized with all the attendant powers and authorizations related thereto, to bind, obligate and commit EBS General Engineering, Inc. to any and all contracts executed by and between EBS General Engineering, Inc. and any other contracting party. There being no further or pending business before the Board, the meeting was adjourned. BOARD OF DIRECTORS Date: January 3, 2010 e 41L Josepl anci,'So a Director ATTESTATION I, being the Secretary of the above referenced corporation, do hereby certify that the above resolution is the resolution of the corporation. Dated: / 3 /O /ifs � Jose p anti, Secretary 23A-13 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 BIDDER'S STATEMENT BIDDER understands and agrees that this Bid Proposal, Contract Documents and subsequent Construction Contract Agreement shall constitute the entire agreement between BIDDER and the AGENCY only after it has been accepted by the City Council, endorsed by the Clerk of the Council with her signature and official seal noting hereon the action of approval of the Council, signed by the Public Works Agency Executive Director or his/her duly authorized agent, and signed by the City Attorney, denoting his approval of the form of this document, and its execution, and when it or an exact copy of it has been either delivered to BIDDER or deposited with the United States Postal Service properly addressed to the BIDDER with the correct postage affixed thereto. BIDDER further agrees that upon delivery (as defined above) of the accepted agreement he/she will furnish AGENCY all required bonds and certificate of liability insurance within ten (10) business days or the funds, check, draft, or BIDDERS bond substituted in lieu thereof accompanying this proposal shall become the property of the AGENCY and shall be considered as payment of damages due to the delay and other causes suffered by AGENCY because of the failure to furnish the necessary bonds and because it is distinctly agreed that the proof of damages actually suffered is difficult to ascertain; otherwise said funds, check, drafts, or BIDDER'S bond substituted in lieu thereof shall be returned to the undersigned. BIDDER understands that a bid is required for the entire work, the estimated quantities set forth in the bid schedule are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. The BIDDER also certifies that the bid is a balanced bid. In accordance with Section 7028.15 of the California Business and Professions Code, the undersigned certifies under penalty of perjury that the foregoing is true and con•ect. Name of Firm EBS General Engineering, Inc. Signature of BIDDER L ✓� Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 CONTRACTOR'S LICENSING AND REGISTRATION STATEMENT The undersigned contractor, or corporate officer, declares under penalty of perjury that he/she and all his/her subcontractors are registered with the State of California Department of Industrial Relations (DIR), and that the following is true and correct. Contractor's Name: EBS General Engineering, Inc. Business Address: 1320 E. Sixth St., Ste 100 Corona CA 92879 Business E-Mail Address: bids@ebsgeneral.com Telephone: 951-279-6869 State Contractor's License No. and Class: License Expiration Date: 3/31/20 720016 A State Dept. of Industrial Relations (DIR) Registration No.: 1000005295 State Dept. of Industrial Relations (DIR) Registration Expiration Date: 6/30/19 Signed: L ✓� Title: President "Fw� CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 PREVAILING WAGE COMPLIANCE AND MONITORING STATEMENT Contractor is aware of the requirements of California Labor Code Section 1720, et seq., as well as California Code of Regulations, Title 8, Section 16,000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. Since the services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the services available to interested parties upon request, and shall post copies at the Contractor's principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. The undersigned certifies that the foregoing is true and correct. Name of Firm EBS General Engineering, Inc. Signature of BIDDER l� Title President (if an individual, so state) CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 LIST OF SUB -CONTRACTORS Section 4100 et. seq. of the Public Contract Code requires listing of all subcontractors with the bid for all subcontract work exceeding the following amount: Streets, highways including bridge projects: %:% of the bid or $10,000, whichever is greater Buildings, parks, or other projects: 'h% of the bid Section 1725.5 of the Public Contract Code requires all Subcontractors be registered with the State Department of Industrial Relations (DIR). BIDDER proposes to subcontract certain portions of the work to the firms listed below: Name License #/Exp. LS 8231 DIR Reg. #/Exp. 1000007166 Location Corona, CA Phone 909-484-4200 Type Of Work survey Amount $ $9600 Name Orange County Striping Service License #/Exp. 346095 DIR Reg. #/Exp. 1000005547 License # Location Orange, CA Phone 714-639-4550 Type Of Work striping Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ 19,615 Signature of Bidder Name License #/Exp. DIR Reg. #/Exp. Location Phone Type Of Work Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of 1 Amount $ Name License #/Exp. DIR Reg. #/Exp. License # Location Phone Type Of Work Amount $ CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER has performed similar work within the past three years. 1. See attached reference list Name and Address of Owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 2. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed 3. Name and Address of owner. Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. Culbertson Insurance Services: 5500 E. Santa Ana Canyon Rd Ste 201 Anaheim CA 92807 714-921-0530 Invensure Insurance Brokers: 17991 Cowan Irvine CA 92614 (949) 756-4100 h •i CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 ADDITIONAL REFERENCES The following are the names, addresses, and telephone numbers for THREE public agencies for which the BIDDER or Subcontractor has performed similar work in the past five years. 1• See attached reference list Name and Address of Owner. 2. 9 Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Name and Address of owner. Type of Work Name and Telephone Number of person familiar with project. Contract Amount Type of Work Date Completed Date Completed Date Completed The following are the names, addresses, and telephone numbers of all brokers and sureties from whom BIDDER intends to procure insurance and bonds. See info on P-21 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 NON-DISCRIMINATION CERTIFICATE The undersigned contractor or corporate officer, during the performance of this contract, certifies as follows: 1. The Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without, regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. 3. The Contractor shall send to each labor union or representative of workers with which he/she has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 4. The Contractor shall comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 5. The Contractor shall furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his/her books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules, regulations, and orders. 6. In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or as otherwise provided by law. LJAPL0 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 The Contractor shall include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the administering agency may direct as means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request that the United States enter into such litigation to protect the interests of the United States. 8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as amended, no discrimination shall be made in the employment of persons upon public works because of race, religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such persons, except as provided in Section 1420, and any contractor of public works violating this Section is subject to all the penalties imposed for a violation of the Chapter. Signed: L Title: President Firm: EBS General Engineering, Inc. Date: 2/19/19 23A' G I CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 STATEMENT REGARDING APPRENTICESHIP REQUIREMENTS The undersigned BIDDER is familiar with the requirements of Section 1777.5 of the State Labor Code regarding employment of apprentices, and understands that contractors on contracts exceeding $30,000 or 20 working days shall: Apply to the joint apprenticeship committee administering the apprenticeship standards of the craft or trade in the area of the site of the public work for a certificate approving the contractor under the apprenticeship standards for the employment and training of apprentices in the area or industry affected. 2. Employ the number of apprentices or the ratio of apprentices to journeymen stipulated in the apprenticeship standards. 3. Contribute to the fund or funds in each craft or trade in which he/she employs journeymen or apprentices on the public work, in the same amount or upon the same basis and in the same manner as the other contractors, except contractors not signatory to the trust agreement shall pay a like amount to the California Apprenticeship Council. Signed: z —11�! Title: President Firm: EBS Genearl Engineering, Inc. Date: 2/19/19 23MPLL CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 STATEMENT REGARDING "ANTI -KICKBACK" REQUIREMENTS The undersigned is submitting this proposal for performing by contract the work required by these bid documents, agrees to comply with the Copeland "Anti -Kickback" Act (18 USC 74) as supplemented in the Department of Labor regulations (29 CFR, Part 3). This act provides that each contractor or subcontractor shall be prohibited from inducing, by any means, any person employed in the construction or repair of public work, to give up any part of the compensation to which he/she is otherwise entitled. Signed: L 1� Title: President Finn: EBS General Engineering, Inc. Date: 2/19/19 237Xf L 3 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the BIDDER shall complete, under penalty of perjury, the following questionnaire: Has the BIDDER, any officer of the BIDDER, or any employee of the BIDDER who has a proprietary interest in the BIDDER, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space ct Name '2017 Arterial and Minor Streets Maintenance Proiect Address Owner Various Locations City of Riverside Principal Contact Phone Steve Howard, Construction Project Manager (951) 826-5708 Price of Contract Type of Work Dates $4,594,000 Streets Maintenance 9/2017 — 9/2018 2. Proied Concrete Street Rehabilitation, FY 2015-16 Project Address Owner Various Locations City of Orange Contact Phone Matthew Lorenzen, Project Manager (714) 744-5566 Price of Contract Type of Work Dates $574,850 Minor Concrete, Street Improvements 7/2016to 10/2016 3. Project Washington Square Residential Street Improvements Project Address Owner Grand Ave. from First St. to Fourth St. City of Santa Ana Contact Phone Tyrone Chesanek, Principal Civil Engineer (714) 647-5074 Price of Contract Type of Work Dates $984,925 Minor Concrete, Street Improvements 4/2016 to 10/2016 4. Proied ADA Access Improvements Del Cerro/Burma Rd Entrance to PV Nature Preserve Project Address Owner Del Cerro/Burma Rd. City of Rancho Palos Verdes Contact Phone James Flannigan, Asst Eng. (310) 544-5295 Price of Contract Type of Work Dates $99,470 Exposed Agg. Sidewalk, Ramps, Drive approach 1/2017 to 3/2017 23A-25 'ct t16 Curb Access Ramp Installation Project Address Owner Various Locations City of Huntington Beach Contact Phone Jim Escutia, Public Works 714) 536-5525 Price of Contract Type of Work Dates $327,200 Curb Ramps, Domes 5/2016 to 6/2016 6. Project Rancho Santa Fe Road ADA Curb Ramp Reconstruction ProjectAddress Owner Rancho Santa Fe Rd City of San Marcos Contact Phone Duane Neyes, Construction Mgr. (760) 744-1050 Price of Contract Type of Work Dates $290,100 Ramps, Sidewalk, Gutter, Domes 6/2016 to 7/2016 23A-26 CITY OF SANTA ANA APPENDIX H PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 CDBG REQUIREMENTS 23A-27 Federally Required Documents to be Submitted with Your Bid Proposal Packet and Prior to the Award of Contract Specific federal requirements must be met for this U.S. Department of Housing and Urban Development (HUD) funded project. The City of Santa Ana's Contact: Community Development Agency City of Santa Ana 20 Civic Center Plaza, M-25 Santa Ana, CA 92701 Phone (714) 647-5445 Fax (714)647-6549 www.santa-ana.ore/ THIS CONTRACT IS SUBJECT TO SECTION REQUIREMENTS, The following document(s) MUST be fully filled out and submitted with the bid proposal packa • Proof of registration in the System for Award Management (tvww.sam.nov► to be filed by contractor • Proof of registration in the D&B Data Universal Numbering System (httns: iupdate.dnh.cmn/iUpdate%omnanvlookun.html • Section 3 Contract Clause (Exhibit I). To be filed by contractor. • New Hire Calculation Form (Exhibit 2). To be filed by contractor. • Contractor's Section 3 Affirmative Action Plan (Exhibit 8). To be filed by contractor. • Section 3 Contract Award Considerations (Exhibit 9). To be filed by contractor • Women/Minority Business Owned Enterprises Good Faith Efforts (Exhibit 12). To be filed by contractor. • Noncollusion Affidavit (Exhibit 15). To be filed by contractor. • Federal Lobbyist Requirements Certification (Exhibit 16). To be filed by contractor. • Certification and Understanding ofAuthorization (Exhibit 17). To be filed by contractor and subcontractor(s). * Additional Wage Rate Classification.* If the contractor needs an additional job classification, the contractor must submit with the bid package a written, signed request naming the work classification(s) and the wage rate(s), including any fringe benefits that are proposed. The following document(s) shall be completed by the contractor and/or subcontractor(s), as specified, and filed with the City's Labor/Section 3 Contact prior to award of contract on the project: • Proof of registration in the System for Award Management (www.sam.gov► to be filed by subcontractor(s) Section 3 Contract Clause (Exhibit 1). To be filed by subcontractor Project Wage Rate Sheet. To be filed by contractor and any subcontractor(s). 23A-28 The following document(s) shall be completed by the contractor and/or subcontractor(s), as specified, and filed with the City's Labor/Section 3 Contact prior to start of construction on the project: • Section 3 Employment Opportunity Notice (Exhibit 3). To be filed by contractor and any subcontractor(s). • Section 3 Resident Certification Form (Exhibit 4). To be filed by contractor and subcontractor(s). Section 3 Business Concern Opportunity Notice (Exhibit 5). To be filed by contractor. • Section 3 Business Concern Eligibility Certificate (Exhibit 6). To be filed by contractor and subcontractor(s). Certification for Applicable Fringe Benefit Payments (Exhibit 13). To be filed.by contractor and any subcontractor(s). • Certification ofNon-Segregated Facilities (Exhibit 14). To be filed by contractor and any subcontractor(s). • Certification with Regard to the Performance of Previous Contracts or Subcontracts Subject to the Equal Opportunity Clause and the Filing of Required Reports. To be filed by contractor and any subcontractor(s). *Note: The prime contractor is responsible for the full compliance of all employers (subcontractors) in regard to labor standards, Section 3 provisions, and W/MBE provisions applicable to this project. 23A-29 aNSAMs' 51'SILt1 FOR AwAFDS1A.tilGLttLS7 A NEW WAI'tiO�SIGN IN Ifyou already have a SA.�f account, use you ,3:1=il for�login.uac. Login.gov FAQs Q ALERT -June 11, 2018: Entities registering in SAM must submit a notarized letter appointing their authorized EntityAdministmtor. Read our undated F.AM to learn more about ebanges to the notarized letter review process and other system improvements. Q ALERT -There maybe a delay in data updates between the Small Business Administration (SBA) and SAM. If you notice any issues with your entity's SBA status or trouble on the SBA Supplemental page, please contact the Federal Service Desk. m ALERT- Direct hyperlinks to the Federal Acquisition Regulation (FAR) are not working due to Acquisition.gov maintenance. SAM.gov will restore all hyperlinks as soon as the FAR is restored on Acquisition.gov. Entity Dashboard 1 Entity O erview r Entity Registration , Core Data 1 Assertions t Reps R Certs r P2C& t Reports t Service Contract Report . BioPreferred Report ) Exclusions r Active Exclusions 1 Inactive Exclusions t Excluded Family Members Entity Registration Summary �. Name: Business Type: Registration Status: Exclusion Summary Active Exclusian Records? No i 23A-30 T^^`` W •L� T � L ^. r n m (J Z C v o Z w' w 0 U ZEn w JINto Y N O G n, o a a L iD O Gw N W rr- U U m cn A U u In T —i w a N 0 ,r a > a a a � c M Z m a u u u .c ra. a L C n` VI C U C .o: t w m E 23A-31 EXHIBIT 1 City of Santa Ana Section 3 Contract Clause These Clauses are to be inserted in all contracts #18-7526, #18-7527, #18-6910 A. The work to be performed under this contract number by and between the City of Santa Ana, hereinafter referred to as "City" and EBS General Engineering, Inc. , hereinafter referred to as "Contractor", is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended 12 U.S.C. 170lu (section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated HUD assistance or HUD -assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low -and very low-income persons. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other constraint that would prevent them from complying with the Part 135 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the Contractor has an agreement or other understanding, if any, a notice advising the labor organization or workers' representative of the Contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The Contractor agrees to include a Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. The Contractor will not subcontract with any subcontractor where the Contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. E. The Contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the Contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be dir ected, were not to circumvent the Contractor's obligations under 24 CFR part 135. Noncompliance with regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted projects. The Contractor by this signature affixed hereto declares under penalty ofpedury: Contractor has read City requirements and accepts all its requirements contained therein for all of his/her operations within the City of Santa Ana. Signature of Contractor 720016 A Contractor License Number & Designation Joseph A. Nanci, President 2/19/19 Print Name and Title Date 83-939-1232 Federal DUNS Number 23A-32 EXHIBIT 2 City of Santa Ana Section 3 New Hire Calculation Form Project Name: Residential Street Repair Program and Alley Improvement Project Location: 1320 E. Sixth St., Ste 100 Corona CA 92879 Street City State Zip Contractor Name: EBS General Engineering, Inc. Contractor Contact: Contractor Telephone Number: A. Nanci 951-279-6869 Contractor Email Address: bids@ebsgeneral.com Section 3 Resident Hiring Goals Trade/Craft I Number of New Hires Total Number of New Hires: I Total number of Section 3 resident new hires necessary to comply with contract: Signature of Contractor 2/19/19 Date 23A-33 EXHIBIT 8 Contractor's Section 3 Affirmative Action Plan Residential Street Repair Program and Alley Improvement Project Number and Title The undersigned contractor agrees to implement the following affirmative action steps directed at increasing the utilization of lower income residents and business concerns located within the County of Orange. I. Take affirmative action to ensure that employees or applicants for employment or training are not discriminated against because of race, color, religion, sex or national origin. 2. Send a notice of the contractor's Section 3 com mitment to each labor organization or representative of workers and p ost a copy of the notice at a conspicuous place available to employees and applicants for employment or training. To the greatest extent feasible, make a good faith effort to recruit for employment or training lower income residents from the County, and to award contracts to business concerns which are located in or owned in substantial part by persons residing in the County through use of: local advertising media, signs placed at the project site and notification to community organizations and public or private institutions operating within or serving the project area such as Service Employment and Redevelopment (SER), Opportunities Industrialization Center (OIC), Urban League, Contracted Employment Program, U.S. Employment Service, Chamber of Commerce, labor unions, trade associations and business concerns. 4. Maintain a file of all low-income area residents who applied for employment or training either on their own or on referral from any source, and the action taken with respect to each area resident. 5. Maintain a file of all business concerns located in the County who submitted a bid for work on the project, and the action taken with respect to each bid. 6. Maintain records, including copies of correspondence, memoranda, etc., which document that affirmative action steps have been taken. 7. Incorporate the Se ction 3 clause provisions in a 11 subcontracts, and r equire subcontractor(s) to submit a Section 3 Affirmative Action Plan. EBS General Engineering, Inc. Company Name Signature of Contractor 1320 E. Sixth St., Ste 100 Corona CA 92879 Joseph A. Nanci Address: Street, City, State, Zip Printed Name 83-939-1232 President DUNS Number Title 23A-34 EXHIBIT 9 City of Santa Ana Section 3 Contract Award Consideration Bidder's Name: EBS General Engineering, Inc. Please check the numbered statement that is applicable to your business: My business qualifies as a Section 3 business concern: If you have checked statement NUMBER 1 please read the attached Section 3 Business Concern Preference - Bidding Requirements. (Please check the applicable qualification for statement number 1) 51% owned by Section 3 residents; or Permanent, full-time employees include at least 30% Section 3 residents; or Will subcontract more than 25% of the dollar award of all subcontracts to be awarded to business concem(s) that meet either of the two preceding qualifications. Note: You are required to list all subcontractors and owner -operators in your bid statement. 2. V My business does not qualify as a Section 3 business concern. Note: Section 3 business concern definitions are located in this project's Contract Documents & Specifications Manual within the section titled Section 3 Economic Opportunities Plan. L ✓� 2/19/19 Signature of Business Owner Date Joseph A. Nanci, President Print Name 23A-35 EXHIBIT 12 CITY OF SANTA ANA WOMEN OWNED/MINORITYBUSINESS OWNED ENTERPRISES (W/MBE) GOOD FAITH EFFORTS Project Name: Residential Street Repair Program and Alley Improvement Project Number: Project Location: I Santa Ana Pursuant to 24 CFR Part 85 § 85.36 (e) of Code of Federal Regulations, contractor must take all necessary affirmative steps to assure that minority business firms, women's business enterprises and labor surplus firms are used whenever possible. Contractor shall submit the following information to demonstrate that a goof faith effort has been made to comply with the above section of the Code of Federal Regulations. Submittal of this form, in and of itself, may not provide sufficient documentation to demonstrate that goof faith effort was made. Documentation such as copies of advertisement, letters of solicitation, telephone logs, rejected quotes, etc. should accompany this form. 1. The names and dates of advertisement of each newspaper, trade paper, and minority -focus paper in which a request for W/MBE participation for this project was placed by the bidder: 2. The names and dates of written notices sent to W/MBE soliciting bids for this project and methods used for following up initial solicitation to determine with certainty whether the W/MBE were interested. Names of W/MBE Solicited Dates of Solicitation Follow-up Methods and Dates See attached email print out with i ist 2/15/19 follow-up email sent 2/19/19 3. The items of work which the bidder made available to W/MBE firms, including, where appropriate, any breaking down of the contracts into economically feasible units to facilitate W/MBE participation, and the information furnished to W/MBE such as plans, specifications, and requirements for the work. Items of Work: survey, root shave, traffic control, crackseal Breakdown of Items: 100% of bid items - #6, 16 plus misc items survey & traffic control Information Furnished: plans & specs F:IDOCS\PROPSVCS�HUDFORMSIMBUSS04AMS-SedioOSpem.DOC 23A-36 EXHIBIT 12 (cont.) 4. Efforts made to assist W/MBE in obtaining bonding, lines of credit or insurance, and any technical assistance related to the plans, specifications and requirements for the work which was provided to W/MBE: 5. Any additional data to support a demonstration of good faith effort, such as contracts with W/MBE assistance agencies: 1 declare under penalty of perjury that the foregoing information is true and correct to the best of my knowledge. I understand that the City of Santa Ana and/or the U.S. Department of Housing and Urban Development may verb the information provided herein in connection with W/MBE compliance evaluation/audit activities and that failure to fully and truthfully complete this form may result in economic or other sanctions. Signature: Lil Name: Joseph A. Nanci Title: President Date: 2119/19 Name of Contractor/Subcontractor: Identification Number: Address (Street, City, State, Zip): Business Racial/Ethnic/Gender Code: EBS General Engineering, Inc. 33-0634599 1320 E. Sixth St., Ste 100 Corona CA 92879 Circle the numeric code which indicates the racial/ethnic/gender character of the owner(s) and controller(s) of 5 1 % of the business. When 51% or more is not owned and controlled by any single racial/ethnicity/gender category, circle the code which seems most appropriate. 0 White Americans 2 = Black Americans 3 = Native Americans Woman Owned Business: Circle One: Yes or 4 = Hispanic Americans 5 = Asian/Pacific Americans 6 = Hasidic Jews 0 FIDOCSWROPSVCSWUDFORMSIMBUSB04AMB-Secion3Spem.DCC 23A-37 EXHIBIT 15 NONCOLLUSION AFFIDAVIT (Title 23 United States Code Section 112 and Public Contract Code Section 7106) To the City of Santa Ana DEPARTMENT OFPUBLIC WORKS In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106, the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a fal se or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. EBS General Engineering, Inc. Name of Contractor 1320 E. Sixth St,. Ste 100 Corona CA 92879 Address / L ✓� President Signature and Title 2/19/19 Date F:1000STROPSVCSWUOFORMS\MBU5SD4 13-SedOOSPCmDOC 23A-38 EXHIBIT 16 FEDERAL LOBBYIST REQUIREMENTS CERTIFICATION Name of Firm: EBS General Engineering, Inc. Date: 2/19/19 Address: 1320 E. Sixth St,. Ste 100 State: CA Zip Code; 92879 Telephone: 951-279-6869 Acting on behalf of the above -named firm as its Authorized Official, I make the following Certification to the Department of Housing and Urban Development (HUD) and the Community Development Commission, County of Los Angeles: 1) No Federal appropriated funds have been paid, by or on behalf of the above -named firm 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 C ongress, or an employee of a Member of Congress in co nnection with the awarding of any Federal contract, the making of any Federal grant, loan, or cooperative agreement, and any extension, continuation, renewal, amendment, or modification thereof; and 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee or 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 above -named firm shall complete and submit Standard Form—LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions; and 3) The above -named firm shall require that the language of this certification be included in the award documents for all sub -awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all sub -recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into the transaction imposed by Section 1352 Title 31 U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. Authorized Official: Name: Signature: A. Nanci G� Title: President Date: 2/19/19 Sec onaSpem.00C 23A-39 EXMBIT 17 CERTIFICATION OF UNDERSTANDING AND AUTHORIZATION Project Name: Residential Street Repair Program and Alley Improvement Project Number: #18-7526, #18-7527, #18-6910 This is to certify that the principals and the authorized payroll officer, below, have read and understand the labor standards clauses pertaining to the subject project. The following person(s) is designated as the payroll officer for the undersigned and is authorized to sign the Statement of Compliance, which will accompany our weekly certified payroll reports for this project: Kathy Fairweather Payroll Officer's Name �� Payroll Officer's Signature EES General Engineering, Inc. Contractor/Sub contractor by L 1� Signature Joseph A. Nanci Printed Name President Title Date 720016 A Contractor/Subcontractor License No. 83-939-1232 DUNS Number F:I000S�ROPSVCSWUDFORMSIMBUSBU MB-Se oraSpm.COC 23A-40 �"��' ene�al eir in�enra ; ir3c. 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O O N -0 U m v rn C m O U) N H U) C7 w ch a �o i G O e i G j E.3 a; N E @ a, y E O a7 N i H O C1 o t C E N C fyn W N m ao Ln rn N Ln X O LL O� 00 W i rl rl N t a h� f� CITY OF SANTA ANA EXHIBIT 3 CONSTRUCTION CONTRACT PROJECT NOS. 18-7526, 18-7527 & 18-6910 RESIDENTIAL STREET REPAIR PROGRAM AND ALLEY IMPROVEMENT FYI 7/18 PROJECT This CONSTRUCTION CONTRACT is made and entered into this 21" day of May, 2019 by and between the City of Santa Ana, California, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "CITY"), and EBS General Engineering, Inc. (hereinafter "CONTRACTOR"). The CITY and the CONTRACTOR, for the consideration hereinafter named, mutually agree as follows: 1. CONTRACTOR agrees to perform all the work and furnish all the materials at its own cost and expense necessary to construct and complete in a good and workmanlike manner and to the satisfaction of the City Engineer of the CITY, the Residential Street Repair Program and Alley Improvement FY17/18 Project (hereinafter referred to as the "WORK OF IMPROVEMENT") identified in and in accordance with the Contract Documents prepared by the City's Public Works Agency and approved by the City Council. 2. The complete Construction Contract consists of the "Contract Documents" as defined by the Standard Specifications for Public Works Construction and which include the following: • Notice Inviting Bids • Information to Bidders • Bid Proposal • Bid Bond • Contract Form • Contract Bonds • General Provisions • Special Provisions • Technical Provisions and Project Plans • Community Workforce Agreement • Appendices In case of conflict between the Contract Documents, the precedence of documents shall be as established in the Standard Specifications for Public Works Construction. 3. CITY agrees to pay and CONTRACTOR agrees to accept in full payment to complete the WORK OF IMPROVEMENT the sum total amount not to exceed Eight Hundred Seventy -Four Thousand Three Hundred Dollars and No Cents ($874,300.00), as set forth and identified in the BID PROPOSAL, which is attached hereto and incorporated herein as Exhibit "A." The BID PROPOSAL contains a schedule of unit price(s) or lump sum(s) based on approximate quantities only, and the City does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or advisable. rev. 09/012017 23A-55 Page 1 of 3 4. CONTRACTOR agrees to complete the WORK OF IMPROVEMENT within the time specified in the Time for Completion of Improvements section of the BID PROPOSAL (Exhibit "A") including commencing construction within the timeframe therein specified after issuance of a Notice to Proceed. 5. The CONTRACTOR will pay, and will require all subcontractors to pay, all employees on the WORK OF IMPROVEMENT a salary or wage at least equal to the prevailing salary or wage established for such work as set forth in the wage determinations for this work in accordance with applicable State and Federal law. 6. If applicable, the CONTRACTOR shall adhere to the CITY'S Community Workforce Agreement (CWA), a pre -hire collective bargaining agreement, which establishes the labor relations policies and procedures for CONTRACTOR to follow in the crafts persons employed to complete the WORK OF IMPROVEMENT as more fully described in the CWA. The CWA may be found on the City's website at: http://www.santa-ana.org/pwa/documents/CWA.pd 7. CONTRACTOR shall, after award of this Contract, famish two bonds to be approved by the CITY, one in the amount of One Hundred Percent (100%) of the Contract price, to guarantee the faithful performance of the work (Performance Bond), and one in the amount of One Hundred Percent (100%) of the Contract price to guarantee payment of all claims for labor and materials furnished (Payment Bond). This Contract shall not become effective until such bonds are supplied to and approved by the CITY. CONTRACTOR shall, prior to the release of the performance and payment bonds or the retention payment, furnish a warranty performance and payment bond (Warranty Bond). Said Warranty Bond shall also be required as a condition of project acceptance. For projects up to Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of Ten Thousand Dollars ($10,000) or Twenty Percent (20%) of the final contract price. For projects above Five Hundred Thousand Dollars ($500,000), the Warranty Bond amount shall be the greater of One Hundred Thousand Dollars ($100,000) or Ten Percent (10%) of the final contract price. 9. CONTRACTOR shall, after award of this Contract, famish Certificates of Liability Insurance and Worker's Compensation Insurance as outlined in the General Provisions, to be approved by the CITY. 23A'56 Page 2 of 3 IN WITNESS WHEREOF, the parties hereto have executed this Construction Contract on the day and year first above written. ATTEST: NORMA MITRE-RAMIREZ Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 1i " �— HN FUNK Assistant City Attorney FOR APPROVAL: FUAD SWEISS, PE, PLS Executive Director Public Works Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONTRACTOR: EBS General Engineering, Inc. NAME: TITLE: 23A-57 Page 3 of 3 City of Santa Ana Residential Street Repair Program and Alley Improvement FY 17/18 (18-7526,18.7527 8 18-6910), bldding on February Bid Results Bidder Details Vendor Name EBS GENERAL ENGINEERING INC Address 1320 E SIXTH ST STE 100 CORONA, CA 92879 United Stales Respondee JOSEPH A. NANCI Respondeo Title PRESIDENT Phone 951-279-6869 Ext. Emall BIDS@EBSGENERAL.COM Vendor Type License # CA DIR Bid Detail Bid Format Electronic Submitted February 20, 2019 1:34:48 PM (Pacffic) Delivery Method Bid Responsive Bid Status Submitted Confirmation Al 167649 Ranking 0 Respondee Comment Buyer Comment Attachments File Title EBS Proposal OWNERSHIP BID BOND NON -COLLUSION Line Items Type Item Code Base Bid Proposal 1 Unclassified Excavation 2 Asphalt Concrete (AC) Pavement File Name Combined Proposal.pdf OWNERSHIP.PDF BID BOND.PDF NON-COLLUSION.PDF UCM qty CY 430 TN 40 Planet8lds, Inc. 23A-58 Unit Price $135.00 $250.00 Page 1 Printed 03/01/2019 EXHIBIT A File Type General Forms Ownership Affidavit (Notary Public) - RED Original Hard Copy Submittal In Addition Bid Bond Guaranty (Notary Public) - RED Original Hard Copy Submittal in Addition Non -Collusion Affidavit (Notary Public) - RED Original Hard Copy Submittal In Addition Line Total Comment $88,050.00 $10,000.00 City of Santa Ana Page 2 Residential Street Repair Program and Alley Improvement FY 17/18 (18-7526,18-7527 & 18.6910), bidding on February Printed 03/0112019 Bid Results EXHIBIT A Type Item Code UOM ChY Unit Price Line Total Comment 3 Aggregate Base TN 100 $45.00 $4,600.00 4 Removal of 6" PCC at Various Locations CY 1120 $135.00 $151,200.00 5 Construct 8" PCC Pavement with (3-day) Cure including Dowels CY 1120 $230.00 $257,800.00 6 Crack Seal with Deere Super Gray LF 30000 $4.25 $127,500.00 7 Construct PCC Sidewalk (T=4") SF 8100 $5.00 $30,600.00 8 Construct PCC Driveway Approach SF 900 $7.00 $6,300.00 9 Construct PCC Curb Ramp SF 6000 $11.00 $66,000.00 10 Construct PCC Curb and Gutter (A-2-6) LF - 100 $35.00 $3,500.00 11 Construct PCC Curb and Gutter (B-1) LF 400 $35.00 $14,000.00 12 Construct PCC Ailey Apron (T=8") SF 400 $10.00 $4,000,00 13 Construct PCC Alley (T=8') with (3-Day) Cure CY 160 $330.00 $52,800.00 14 Construct PCC Cross -Gutter (Local Street) 3F 2200 $9.00 $19,800.00 15 Gdnd PCC LF 300 $a0.00 $9,000.00 16 Root Shave EA 16 $400.00 $6,400.00 17 Adjust Sewer Manhole Frame and Cover to Finished Grade EA 15 $500A0 $74500.00 18 Furnish and Install Water Valve Frame and Cover to Grade EA 1s $650.00 $9,750.00 PlanetBlds, Inc. 23A-59 City of Santa Ana Page 3 Resldentlal Street Repair Program and Alley Improvement FY 17118 (18-7526,18.7527 & 18-6910), bidding an February Pdnted 0MV2019 Bid Results EXHIBIT A Type Item Code LI M city Unit Price Llne Total Comment 19 Furnish and Install 1/2" Thick by 16" Wide Polyfcam LF 100 $25.00 $2,500.00 20 Signing and Stdping LS 1 $21,000.00 $21,000.00 21 Project Advertising Sign EA 2 $1,200.00 $2,400.00 22 Labor Agreement Oversight LS 1 $10,000.00 $10,000.00 Subtotal $874,300.00 Total $874,300.00 PlanetBlds, Inc. 23A-60 CITY OF SANTA ANA PROPOSAL PROJECT NOS.: 18-7526 & 18-7527 RESIDENTIAL STREET REPAIR PROGRAM PROJECT NO. 18-6910 ALLEY IMPROVEMENT FY 17/18 EXHIBIT A TOTAL BASE BID $ 874,300.00 The lowest responsible bidder shall be selected based on the total base bid. The City reserves the right to award the Base Bid, and any, all, or none of the add -alternate bid items (if any). * The quantity for this bid item is shown for bid comparison only. This bid item shall not be subject to the " 25%" limit as stated in Section 3-2 of the Standard Specifications. The actual amount for this item will be dictated by the actual quantity used, and the Agency reserves the right to increase or decrease the quantity of this item accordingly. t This bid item is considered a Specialty Item per Section 2-3.2 of the Standard Specifications. TIME FOR COMPLETION OF IMPROVEMENTS AND LIQUIDATED DAMAGES The undersigned bidder hereby proposes to complete the Work for the total base bid amount shown above, within fifty (50) working days after the commencement date stated in the Notice to Proceed. The liquidated damages amount, in lieu of the amount specified in Subsection 6-9 of the Standard Specifications, shall be $1,500 per calendar day. Name of Firm EBS General Engineering, Inc. Signature of BIDDER L 1� Title President (If an individual, so state. If a firm or co -partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, and names of President, Secretary, Treasurer and Manager, thereof.) 23A-62 COST ANALYSIS CONSTRUCTION OF PROJECT NO. 18-7526, 18-7527, AND 18-6910: RESIDENTIAL STREET REPRIR PROGRAM AND ALLEY IMPROVEMENT FYI 7/18 Construction Contract $ 874,300.00 Contract Administration $ 59,000.00 Inspection and Testing $ 72,144.00 Contingencies $ 87,430.00 TOTAL ESTIMATED CONSTRUCTION COSTS $ 1,092,874.00 EXHIBIT 4 23A-63 23A-64 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: AMEND FISCAL YEAR 2017-18 AND 2018-19 CAPITAL IMPROVEMENT PROGRAMS TO REALLOCATE $200,000 FOR TRAFFIC SIGNAL OPERATIONS (NON -GENERAL FUND) (STRATEGIC PLAN NOS. 6, 1G) C 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 Amend the Fiscal Year 2017-18 and 2018-19 Capital Improvement Programs by removing $200,000 in unspent Measure M2 Fairshare funding from the Traffic Signal Equipment Replacement (Project No. 18-6914) and reallocating the funds to Traffic Signal Operations (Project No. 19-6720). The Public Works Agency is responsible for operations and maintenance (O&M) of the City's traffic management system, vital to sustaining a safe and efficient roadway system for pedestrians and traveling motorists. The system includes traffic signals, closed circuit cameras, flashing crosswalk beacons, speed feedback signs, and the traffic management center. The annual O&M cost for the system is about $1.4 Million using Gas Tax funds. Key cost categories to operate the traffic management system include Utilities, Maintenance and Repair, and Contract Services. Due to significant reductions in Gas Tax revenue this year, the traffic signal maintenance budget is insufficient to continue traffic operations through the end of fiscal year 2018-19. To offset the shortfall, staff recommends postponing the Traffic Signal Equipment Replacement (Project No. 18-6914) from the Capital Improvement Program (CIP), and reallocating $200,000 for traffic signal operations. The reallocated funds will allow continued operations and maintenance of the traffic management system through the end of fiscal year 2018-19. CIP Project No. 18-6914 - Traffic Signal Equipment Replacement was intended to replace outdated traffic signal and monitoring equipment such as traffic signal cabinets, controllers, and communication devices. Although equipment replacement is important, ongoing traffic signal operations and maintenance is a higher priority not only to maintain traffic mobility, but also to maintain public safety. Traffic Signal Equipment Replacement Project (CIP 18-6914) will be budgeted in Fiscal Year 2019-20 using Measure M2 Local Fairshare Funds to complete the project. 23B-1 Amend Fiscal Year 2017-18 and 2018-19 CIP May 21, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 — Community Facilities & Infrastructure, Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy G (develop and implement the City's Capital Improvement Program in coordination with the Community Investment and Deferred Maintenance Plans). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Upon approval of the recommended amendment to Fiscal Year 2017-18 and 2018-19 Capital Improvement Programs, $200,000 will be available in Measure M2 Local Fairshare Fund (Account No. 03217662-66220). The Measure M2 Local Fairshare project funding will come from money already received. All funds will be available for expenditure in Fiscal Year 2018-19 for Traffic Signal Maintenance (Project No. 19-6720), subject to nonsubstantive changes. Fiscal Year Accounting Fund Description Accounting Unit, Account Amount Unit —Account # Description FY 17-18 03217662- Measure M-Street Measure M2 Local Fairshare- <$100,000> 66220 Construction Improvements Other Than Building FY 18-19 03217662- Measure M-Street Measure M2 Local Fairshare- <$100,000> 66220 Construction Improvements Other Than Building FY 18-19 03217662- Measure M-Street Measure M2 Local Fairshare- $200,000 66220 Construction Improvements Other Than Building NET FISCAL IMPACT $0 APPROVED AS TO FUNDS AND ACCOUNTS: Fua Sweiss, PE, PLS Kat ryn Dow s, CPA a Executi a Director Executive Director Public orks Agency Finance and Management Services Agency 23B-2 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: APPROVE PURCHASE AND SALE AGREEMENT IN THE AMOUNT OF $4,000 FOR PORTIONS OF CITY -OWNED REAL PROPERTY AT 2501 NORTH FLOWER STREET (STRATEGIC PLAN NO. 6, 1) CITY ANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a purchase and sale agreement with Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto, for the sale of City -owned property located at 2501 North Flower Street in the amount of $4,000, subject to non -substantive changes approved by the City Manager and City Attorney. The revenue will be deposited into General Fund Sale of Land Revenue account. DISCUSSION In 2013, as part of an effort to understand the City's property limits near Santiago Creek, staff commissioned a topography survey of the section between Flower Street and the 1-5 Freeway. The survey depicted small portions of private property improvements encroaching into the City's creek right-of-way from the single-family residential property owned by Ann and Eugene Andres at 2467 North Riverside Drive that included a tennis court, pool, and garage. The land containing the encroachments is situated between a retaining wall establishing the south bank of Santiago Creek and the Andres' residential lot (Exhibit 1). A review of City records indicated that City permits were issued for these private improvements over 30 years ago. In November 2016 and July 2017, Public Works Agency staff met with the property owners of 2467 North Riverside Drive to discuss solutions to the encroachment concern. The possibility of adjusting the property boundary was discussed, which would result in the entirety of private improvements to be wholly contained within the adjusted parcel, including the tennis court, pool, garage, and landscape area. The stated improvements have been continuously maintained by Mr. and Mrs. Andres (Exhibits 1 and 2); and the proposed purchase reduces or eliminates the City's liability and maintenance responsibility associated with the private improvements. This option also alleviates any potential issues related to the encroachment, particularly because the improvements were performed under City permits. 25A-1 Appropriation Adjustment and Purchase and Sale Agreement for portion of City -Owned Property at 2501 North Flower Street May21, 2019 Page 2 Based on City Council discussion during the Closed Session portion of the meeting on June 5, 2018, staff subsequently obtained an opinion of value which considers the property's lack of independent accessibility and development potential, as well as its limited or non-existent marketability. The $4,000 compensation is consistent with the opinion of value. Pursuant to Section 2-706.1 of the Santa Ana Municipal Code, staff therefore recommends a lot line adjustment to effectively transfer a 4,283-square-foot portion of City property to Mr. and Mrs. Andres for a payment of $4,000. A 10-foot-wide easement will be reserved by the City to access, inspect, maintain, and improve the retaining wall near the new boundary line. The engineering costs associated with the mapping and documentation was paid by Mr. and Mrs. Andres for this Lot Line Adjustment (Exhibit 3). Following recordation of the Lot Line Adjustment, a grant deed (Exhibit 4) must be recorded to complete the process as required by state statute (Subdivision Map Act). A Purchase and Sale Agreement between the parties memorializes the transaction and ties together the Lot Line adjustment, the Grant Deed, the retaining wall easement reservation, and the purchase price (Exhibit 5). 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). ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT Proceeds in the amount of $4,000 from the sale of land at 2501 North Flower Street will be received into the General Fund Sale of Land Revenue account (No. 01102002-57071). Executive Director Public Woks Agency FSSMG/TH Exhibits: 1. Aerial Map 2. Field Pictures 3. Lot Line Adjustment Exhibits 4. Grant Deed 5. Purchase and Sale Agreement APPROVED AS TO FUNDS AND ACCOUNTS: 46� Kathryn Downs, CPA Executive Director Finance and Management Services Agency 25A-2 (VICINITY YAP) (EX ISTING) PARK LANE W W R SANt�A00 C EK J �` tN 1AAt 0\tA a\.40s\OE (AFTER BOUNDARY ADJUSTMENT) CREEK WALL CREEK WALL _ _ _ ANDRES' PROPERTY LIMITS — — — — ANDRES' PROPERTY LIMITS EXHIBIT 1 SANTA ANA Title: City Co a SANTIAGO CREEK BOUNDARY P� WA ■ ADJUSTMENT - 2467 NORTH �.c, a� RIVERSIDE DRIVE 25A-4 f a WAGE ; 4.4 CREEK BALL CREEK WALL, K WALL / jf 1 x �yJ • .. y� TERx15 CCNIRT �+ .41 25A-6 IOVA C11:3103 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) f ;' 1111 Santa Ana, CA 92702 (714)647-5804 www.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO.2017-02 (LEGAL DESCRIPTION) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY'ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020-37 2 PARCEL 1: LOTS 6, 7 AND 8 OF TRACT NO. 754, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 22, PAGE 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. TOGETHER WITH: THAT PORTION OF GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 64'32'02" EAST 1.29 FEET ALONG THE NORTHERLY LINE OF LOT 9 OF SAID TRACT NO. 754; THENCE NORTH 9'16'50" WEST 10.43 FEET; THENCE SOUTH 76'15'50" WEST 27.78 FEET; THENCE SOUTH 77'52'34" WEST 20.54 FEET, THENCE SOUTH 75'56'05" WEST 25.15 FEET; THENCE SOUTH 73'34'48" WEST 23.47 FEET; THENCE SOUTH 69'44'44" WEST 24.27 FEET; THENCE SOUTH 67'52'46" WEST 22.89 FEET; THENCE SOUTH 66'39'32" WEST 22.75 FEET; THENCE SOUTH 65'37'56" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 26'35'33" EAST 33.56 FEET ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64'32'02" EAST 165.70 FEET ALONG THE NORTHERLY LINE OF SAID LOTS 6, 7, AND 8 TO THE POINT OF BEGINNING. CONTAINED WITHIN SAID PARCEL 1, 26,986 SQUARE FEET, 0.619 ACRES MORE OR LESS. PARCEL 2: THAT PORTION OF THE SANTIAGO CREEK CHANNEL E08 AS DESCRIBED BY GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191. EXCEPTING THEREFROM THAT PORTION OF SAID GRANT DEED, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 64'32'02" EAST 1.29 FEET ALONG THE NORTHERLY LINE OF LOT 9 OF SAID TRACT NO. 754; THENCE NORTH 9'16'50" WEST 10.43 FEET; THENCE SOUTH 76'15'50" WEST 27.78 FEET; THENCE SOUTH 77'52'34" WEST 20.54 FEET; THENCE SOUTH 75'56'05" WEST 25.15 FEET; THENCE SOUTH 73'34'48" WEST 23.47 FEET; THENCE SOUTH 69'44'44" WEST 24.27 FEET; THENCE SOUTH 67'52'46" WEST 22.89 FEET; THENCE SOUTH 66'39'32" WEST 22.75 FEET; THENCE SOUTH 65'37'56" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 26'35'33" EAST 33.56 FEET ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64'32'02" EAST 165.70 FEET ALONG THE NORTHERLY LINE OF SAID LOTS 6, 7, AND 8 TO THE POINT OF BEGINNING. EXHIBIT „A„ SHEET 1 OF 2 25A-7 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) i, 1111. Santa Ana, CA 92702 q w14) sa7-5804 .santaana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO.2017-02 (LEGAL DESCRIPTION) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 ' 2 A MUNICIPAL CORPORATION CONTAINED WITHIN SAID PARCEL 2 177,592 SQUARE FEET, 4.077 ACRES MORE OR LESS. SUBJECT TO ALL MATTERS OF RECORD, IF ANY. SUBJECT TO A RETAINING WALL EASEMENT TO BE RESERVED BY DEED FOLLOWING THE RECORDING OF THIS LOT LINE ADJUSTMENT. ATTACHED HERETO IS A PLAT LABELED EXHIBIT "B AND BY THIS REFERENCE MADE A PART HEREOF. THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. 11 IS 17 VOR . RICE, P.L.S. Ef862 EXHIBIT "A„ SHEET 2 OF 2 25A-8 Planning and Building Agency Planning Division 20 Civic Center Plaza - I P.O. Box 1988 (M-20) j 1111 Santa Ana, CA 92702 (714)647-5804 viww.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO.2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND AND 002-050-05 5 AND 1 SUCCESSOR TRUSTEES THERETO PORTION OF -37 THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020�7 2 tV V1 00 .4'00 u; '4t 00 w40 C0 w Ln O W 10 W ° N � I � N p �Z O Z �- l N8r GAO° 52'14"yy 623.38' PARCEL 2 AREA = 177,592 SQUARE FEET 10, 4.077 ACRES 1\10 PORTION OF LAND DESCRIBED g$9'/ SREIN DEED RECORDED IN BOOK �° a4y 460, PAGE 471, O.R. /�a 35.14' i \4 ° RG�C3 140' OO J�RSoll SCALE: 1 "=100' ' N LLI W 663.61' I NO2'01'07"I 57.5] N83-26' 55" E 264.64' O d OQ rr Q 0 d 56 THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. ;;0 Ik11s1I-7 ICE, P.L.S. 8862 EXHIBIT "B" SHEET 1 OF 4 25A-9 Planning and Building Agency Planning Division (' 20 Civic Center Plaza II P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 vmv.santa-ana.org LOT LINE ADJUSTMENT sue—.......•, ,.,..:....,..a.a..�....._.�,._�._.......__..-.......,w..,.............._.�.,_.�,.,»....,s. _._ --------- LOT - ............. LOT LINE ADJUSTMENT NO.2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020-37 2 H LEI LLj 2 W LEI LEI 1n LEI Z J 2 H Q � 0 0 q� I r N88'00'38"E AA N88'59'56"E 2 NO2'01'07"E 57.51' I I a d 663.64' N 02'02'08"E . 72.60' RIVERSIDE DRIVE SCALE: 1 "=100' 91 N34-19'1; 6I 64.1 865.41 A PARCEL 2 AREA = 177,592 SQUARE FEET 4.077 ACRES TRACT NCI. 754 MEN Ory Orym EXHIBIT "B" 327 SHEET 2 OF 4 25A-10 Planning and Building Agency Planning Division 20 Civic Center Plaza Ell P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714)647-5804 vmv.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO.2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION U) A /-L1 PARCEL 2 MHUMW @R[ElEm MAaalEa 102mg [B@ n NORM M rrJ° NORTH LINE OF PARCEL 1_ C 9 18 N64'32'02"E ' -165.70' ` -L5�LO �!• �' A `V'� 11V�o LI c�4 I r� L7 DETAIL SEE SHEET 4 OF EXHIBIT "B" L6 - POINT OF BEGINNING PARCEL 1 AREA = 26,986 SQUARE FEET 0.619 ACRES °P N ' 1111t1ot7Nlo ��, NJ II p Z C3 N Z L1 �� L2 �- C2 / N63'21'28"E 89.52' \\�C1 \� M RIVERSIDE DRIVE -- -._ SCALE: 1 "=40' EXHIBIT "B" 25A-11 LINE DATA: L1 - N63'21'28"E 49.98' L2 - N63'21'28"E 39.54' L3 - N64'32'02"E 50.02' L4 - N64'32'02"E 52.65' L5 - N64'32'02"E 63.03' L6 - N64'32'02"E 1.29' L7 - N09'16'50"W 10.43' L8 - N76'15'50"E 27.78' L9 - N77'52'34"E 20.54' L10 - N75'56'05"E 25.15' L11 - N73'34'48"E 23.47' L12 - N69'44'44"E 24.27' L13 - N67'52'46"E 22.89' L14 - N66'39'32"E 22.75' L15 - N65'37'56"E 5.79' L16 - N2635'33"W 33.56' SHEET 3 OF 4 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) i i l t l Santa Ana, CA 92702 7, (714)647-5804 vmv.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (PLOT MAP) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND _ PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020.37 2 NOTE: ATTACHED HERETO AND MADE A PART OF EXHIBIT "A" THE DATA SHOWN HEREON IS A BOUNDARY SURVEY, BUT IS RECORD OF SURVEY 89-1033, LAND AREA: PARCEL 1: 26,986 SQUARE FEET 0.619 ACRES PARCEL 2: 177,592 SQUARE FEET 4.077 ACRES LEGEND: NOT THE RESULT OF RECORD DATA PER R.S.B. 125/16-22 SCALE: 1 "=10' PROPOSED PARCEL EXISTING LOT LINE EXISTING LOT LINE EASEMENT LINE CENTERLINE @mLammmL ,, N64'32'02"E 165.70" ` L5 1 �¢ POINT OF ' �O4 ;�BEGINNING J@ @43GG4 nOJ�� � H.H. 22 lN�cZ^, � 1 DETAIL TO BE ADJUSTED SCALE: 1=10' _ _ w0s 40 A� AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT RADIAL DATA: FOR POLE LINES, CONDUITS AND INCIDENTAL RAD. 1: N26'38'25"W PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 RAD. 2: N25'35'23"W IN BOOK 655 PAGE 173, OF DEEDS. RAD. 3: N20'33'47"W Bo- COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK CURVE DATA: 459, PAGE 491 OF OFFICIAL RECORDS. Co- 10.00' EASEMENT FOR RETAINING WALL, ACCESS, Cl: R=570.00' C3: R=570.00' MAINTENANCE AND IMPROVEMENT PURPOSES A=6'04'38" A=1'03'01" RESERVED TO THE CITY OF SANTA ANA L=60.46' L=10.45' EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES SHOWN ON EXHIBIT "C" OF C2: R=570.00' C4: R=17138.80' THIS LOT LINE ADJUSTMENT. SAID EASEMENT A--5*01'37" 6=00'32'12" WILL BE RECORDED BY SEPARATE DOCUMENT L=50.01' L=80.27' AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. EXHIBIT "B" SHEET 4 OF 4 25A-12 Planning and Building Agency Planning Division 20 Civic Center Plaza P.O. Box 1988 (M-20) Santa Ana, CA 92702 (714) 647-5804 vmv.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (SITE PLAN) ATTACHED HERETO TO EXHIBIT "A" FOR REFERENCE ONLY OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION 0.5' N'LY OF P.L.) CONCRETE TENNIS COURT mv PQ� rc�u' WALL CHAIN LINK FENCE (S'LY FACE 0.5' ATOP WALL LY OF P.L.) PORTION OF APN 002-020-37 SLOPE ^ h �-GRAVEL�� C I SWIMMING . m`. �STORy OOL BUILDING i PLANTER AREAAREA 3 Y Oh o Oh0 m ry, Pe G STORIES BUILDING 2.456 SQ. FT. (GROUND) PQ� RIVERSIDE DRIVE EXHIBIT "C" NOTE: SEE SHEET 2 OF EXHIBIT "C" FOR EASEMENT NOTE AND LEGEND 5'7" HIGH ROCK WALL (S'LY FACE 0.5' WILY OF P.L.) 04'CLEAROF B.L. 0-353'CLEAR OF 12.25' SCALE: 1 "=k SHEET IOF2 25A-13 Planning and Building Agency Planning Division 1' 20 Civi4 Center Plaza P.O. Box 1988 (M-20) 1 I II Santa Ana, CA 92702 (714) 647-5804 vmv.santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO.2017-02 (SITE PLAN) OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND 002-050-05 AND 1 SUCCESSOR TRUSTEES THERETO PORTION OF 002-020-37 THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION PORTION OF 002-020-37 2 LEGEND: PROPOSED PARCEL 1 EXISTING LOT LINE TO BE REMOVED EXISTING LOT LINE - - - - - - - - - EASEMENT LINE BUILDING LINE X X CHAINLINK FENCE BLOCK WALL CONCRETE PAVEMENT OA - AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 IN BOOK 655 PAGE 173, OF DEEDS. BO- COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK 459, PAGE 491 OF OFFICIAL RECORDS. !�C - 10.00' EASEMENT FOR RETAINING WALL, ACCESS, MAINTENANCE AND IMPROVEMENT PURPOSES RESERVED TO THE CITY OF SANTA ANA EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES SHOWN ON PAGE 1 OF THIS EXHIBIT "C". SAID EASEMENT WILL BE RECORDED BY SEPARATE DOCUMENT AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. EXHIBIT tiCn SHEET 2 OF 2 25A-14 EXHIBIT 4 When recorded, please mail this Instrument to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, California 92701 Free recording requested by The City of Santa Ana per Government Code Section 6103. SPACE ABOVE THIS LINE FOR RECORDER'S USE cancel Tones Approved AS TO Form BY Atty. I Approved By Director DesciDtion Written BY T.D.R. Description Checked-O.K. I A.C. A.P. Number 002-020-37 RAN Map Number NW 57 Project Number GRANT DEED I Deed No. 8644 FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, The CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California Does Hereby Grant to Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto, the real property in the City of Santa Ana, County of Orange, State of California, described as follows: That portion of Parcel 1 of Lot Line Adjustment No. 2017-02, recorded as Instrument No. in the Official Records of Orange County, said portion described in Exhibit "A" attached hereto and by this reference made a part hereof, o reserving an easement over said portion to the CITY OF SANTA ANA for retaining LL wall and other purposes as described in said Exhibit W. City shall have no 0 obligation to repair or replace any improvements within the retaining wall easement LU area that either currently exist or may thereafter be constructed. d U 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 M truthfulness, accuracy, or validity of that document. For: The CITY OF SANTA ANA ° d Dated: v n L � STATE OF CALIFORNIA ) )SS. By. ro in COUNTY OF ) On before me, By: personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature($) on the instrument the person(s) or entity upon which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (This area for oRidal notarial seal) 25A-15 EXHIBIT "A" LEGAL DESCRIPTION TO ACCOMPANY GRANT DEED FOR PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO.2017-02 FROM THE CITY OF SANTA ANA TO EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES THERETO IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT 8; THENCE NORTH 64°32'02" EAST 1.29 FEET ALONG THE NORTHERLY LINE OF LOT 9 OF SAID TRACT NO. 754; THENCE NORTH 9016'50" WEST 10.43 FEET; THENCE SOUTH 76015'50" WEST 27.78 FEET; THENCE SOUTH 77052'34" WEST 20.54 FEET; THENCE SOUTH 75°56'05" WEST 25.15 FEET; THENCE SOUTH 7303448" WEST 23.47 FEET; THENCE SOUTH 69°44'44" WEST 24.27 FEET; THENCE SOUTH 67052'46" WEST 22.89 FEET; THENCE SOUTH 66°39'32" WEST 22.75 FEET; THENCE SOUTH 65037'56" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 26035'33" EAST 33.56 FEET ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64°32'02" EAST 165.70 FEET ALONG THE NORTHERLY LINE OF SAID LOTS 6, 7, AND 8 TO THE POINT OF BEGINNING. CONTAINING 4,283 SQUARE FEET, MORE OR LESS. RESERVING A TEN (10.00) FOOT WIDE EASEMENT ALONG THE NORTHERLY LINE OF SAID LAND TO THE CITY OF SANTA ANA FOR RETAINING WALL, ACCESS, MAINTENANCE AND IMPROVEMENT PURPOSES, EXCEPTING THEREFROM THE LOCATIONS OF EXISTING STRUCTURES AS SHOWN ON EXHIBIT "C" OF LOT LINE ADJUSTMENT NO.2017-02. SEE EXHIBIT `B" ATTACHED HERETO AND MADE A PART HEREOF FOR THE LIMITS OF THE ABOVE DESCRIBED LAND AND EASEMENT RESERVATION. SEE EXHIBIT "C" ATTACHED HERETO AND MADE A PART HEREOF FOR SAID LOT LINE ADJUSTMENT NO.2017-02. THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF THE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA, THIS DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. .00EVOR D. RICE, PLS 8862 SIGNED: 11/15/17 D. Woolley & Associates, Inc., 2832 Walnut Avenue, Suite A, Tustin, California 92780 David E. Woolley, Professional Land Surveyor 7304 This document is marked preliminary unless signed. 25A-16 J in rn M M (O N z EXHIBIT "B" PLAT PARCEL 2 @ aauoaco @a[Ema @NAMIKIMd D191915) m@@n 9 MOT U) A rL1 4 Il 11VOn LI �i7 PARCEL 1 AREA = 26,986 SQUARE FEET 0.619 ACRES �OQ �OQ �OQ L1 —� I �— L2 F MM ��//��77I G� � N.M. 22 / o lzkj �N63'21'28"E 89.52' � �\ M RIVERSIDE DRIVE \9a SCALE: 1 "=40' THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. `��?� I I lS l VOR D. RICE, Pl.:S. �8862 L7 DETAIL SEE SHEET 2 OF EXHIBIT "B" L6 -POINT OF BEGINNING IM C2 '— LINE DATA: L1 - N63'21'28"E 49.98' L2 - N63'21'28"E 39.54' L3 - N64'32'02"E 50.02' L4 - N64'32'02"E 52.65' L5 - N64'32'02"E 63.03' L6 - N64'32'02"E 1.29' L7 - N09'16'50"W 10.43' L8 - N76'15'50"E 27.78' L9 - N77'52'34"E 20.54' L10 - N75'56'05"E 25.15' L11 - N73'34'48"E 23.47' L12 - N69'44'44"E 24.27' L13 - N67'52'46"E 22.89' L14 - N66'39'32"E 22.75' L15 - N65'37'56"E 5.79' L16 - N2635'33"W 33.56' ®— PORTION OF LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191 CONVEYED FROM THE CITY OF SANTA ANA TO EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES THERETO. SHEET 1 OF 2 25A-17 EXHIBIT "B" PLAT NOTE: ATTACHED HERETO AND MADE A PART OF EXHIBIT "A" THE DATA SHOWN HEREON IS NOT THE RESULT OF A BOUNDARY SURVEY, BUT IS RECORD DATA PER RECORD OF SURVEY 89-1033, R.S.B. 125/16-22 LAND AREA: PARCEL 1: 26,986 SQUARE FEET 0.619 ACRES PARCEL 2: 177.592 SQUARE FEET 4.077 ACRES LEGEND: ®00 --- N64'32'02"E 165.70' SCALE: 1 "=10' '- L5 L6 1 POINT OF �O4 BEGINNING ,VG3QC�V [`1n]OO o w56 N° 1L V g j ♦ IVIA o�t�o L`�L`� l W ,� z DETAIL { ,% O SCALE: 1=10' e v PROPOSED PARCEL 1 - - - - - - - - - EXISTING LOT LINE TO BE ADJUSTED RADIAL DATA: EXISTING LOT LINE RAID. 1: N26'38'25"W -------- EASEMENT LINE - - — - — - — - — - - CENTERLINE RAID. 2: N2535'23"W AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT RAD. 3: N20'33'47"W FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 IN BOOK 655 PAGE 173, OF DEEDS. OB COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK 459, PAGE 491 OF OFFICIAL RECORDS. CURVE DATA: Co- 10.00' EASEMENT FOR RETAINING WALL, ACCESS, Cl: R=570.00' C3: R=570.00' MAINTENANCE AND IMPROVEMENT PURPOSES A--6'04'38" A=1'03'01" RESERVED TO THE CITY OF SANTA ANA EXCEPTING THEREFROM THE LOCATIONS OF L=60.46' L=10.45' EXISTING STRUCTURES SHOWN ON EXHIBIT "C" OF THIS LOT LINE ADJUSTMENT. SAID EASEMENT C2: R=570.00' C4: R=17138.80' WILL BE RECORDED BY SEPARATE DOCUMENT A--5'01'37" A=00'32'12" AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. L=50.01' L=80.27' SHEET 2 OF 2 25A-18 Planning and Building Agency Planning Division (' 20 Civic Center Plaza I P.O. Box 1988 (M-20) 111 Santa Ana, CA 92702 (714) 647-5804 w .santa-ana.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO.2017-02 (SITE PLAN) ATTACHED HERETO TO EXHIBIT W FOR REFERENCE ONLY OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002-050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION YOFP CONCRETE V1T-- M TENNIS COURT O° Qa� P. RIVERSIDE DRIVE EXHIBIT "C" 25A-19 ROCK WALL CHAIN LINK FENCE (S'LY FACE 0.5' ATOP WALL LY OF P.L.) PORTION OF APN 002-020-37 SLOPE c .i—C:RAVFF r-a� SWIMMING ;n OOL PLANTER AREAAREA 3 a Y p`o I -i ph F 03 �, p° STORY BUILDING 2 STORIES BUILDING 2,456 SQ. FT. (GROUND) P NOTE: SEE SHEET 2 OF EXHIBIT "C" FOR EASEMENT NOTE AND LEGEND (S'LY FACE 0.5' N'LY OF P.L.) O0.14'CLEAR OF , 0'33'C LEAR OF g 12.25' SCALE: 1 "=w, SHEET 1 OF 2 25A-20 EXHIBIT 5 PURCHASE AND SALE AGREEMENT Property APN: Portion of 002-020-37 immediately adjacent to APN No. 002-050-05 (latter commonly known as 2467 N. Riverside Drive, Santa Ana, California) THIS PURCHASE AND SALE AGREEMENT ("Agreement") dated, for reference purposes only, as of May 21, 2019, is made and entered into by and between the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the state of California ("Seller"), and Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto, ("Buyer"), with reference to the following. RECITALS A. Seller owns that certain land bearing APN No. 002-020-37, commonly known as 2501 N. Flower Street, Santa Ana, California, as more specifically described on Exhibit A ("Seller's Property'. B. Buyer owns that certain land bearing APN No. 002-050-05, commonly known as 2467 N. Riverside Drive, Santa Ana, California, as more specifically described on Exhibit B ("Buyer's Property"). C. In contemplation of a lot line adjustment by Buyer, Seller wishes to sell, and Buyer wishes to purchase, that portion of Seller's Property that lies immediately adjacent to Buyer's Property, as more specifically described in the form of grant deed appearing as Exhibit C ("Conveyed Property"). D. Situated between the Conveyed Property and the drainage course known as Santiago Creek, is a retaining wall which will remain within the Seller's Property. E. The parties desire by this Agreement to provide the terms and conditions for the purchase and sale of the Conveyed Property. The parties therefore agree as follows: 1. Agreement to Sell and to Purchase. Subject to the terms and conditions of this Agreement, Seller agrees to sell and convey, and Buyer agrees to purchase, the Conveyed Property. 2. Purchase Price. In full and complete payment for a fee interest in the Conveyed Property, Buyer shall pay to Seller the sum of Four Thousand Dollars and No Cents ($4,000.00) no later than thirty (30) days following full execution of this Agreement. 3. Grant Deed. Upon payment of the purchase price, Seller agrees to convey the Conveyed Property to Buyer by grant deed, a copy of which is attached as Exhibit C and is Page 1 of 25A-21 incorporated herein by reference. Effective at recordation of such deed, Seller hereby grants Buyer physical and legal possession of the Conveyed Property. 4. Easement in Favor of Seller. Seller will reserve within the grant deed a perpetual easement and right-of-way within a portion of the Conveyed Property to access, inspect, maintain, and replace, if necessary, the retaining wall situated north of the Conveyed Property as appearing on Exhibit C as the "Rock Wall." City shall have no obligation to repair or replace any improvements within the easement area that either currently exist or may thereafter be constructed. 5. Transfer Costs. Seller shall pay the cost of all documentary transfer fees and recording fees, as may be applicable, and all other costs and expenses incurred related to the sale of the Conveyed Property to Buyer. 6. As -Is Condition of Conveyed Property. Buyer acknowledges that Buyer is purchasing the Conveyed Property with full knowledge of its condition and that no representations or warranties of any kind whatsoever, express or implied, have been made by Seller. Buyer further agrees to purchase the Conveyed Property in "AS -IS" condition with any and all faults. 7. No Warranties. Buyer acknowledges and agrees that except for the express representations, warranties and covenants of Seller set forth in this Agreement, Seller has not made, does not make, and specifically disclaims any and all representations, warranties, promises, covenants, agreements, or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present, or future, of, as to, concerning or with respect to the Conveyed Property, including, but not limited to: (a) the nature, quality, or condition of the Conveyed Property; (b) any income to be derived from the Conveyed Property; (c) the suitability of the Conveyed Property for any and all activities and uses which Buyer may conduct thereon; (d) the compliance of or by the Conveyed Property or its operation with any laws, rules, ordinances or regulations of any applicable governmental authority or body, including, but not limited to, any state or federal environmental law, rule or regulation; (e) the habitability, merchantability, or fitness of the Conveyed Property for a particular purpose; or (f) any other matter with respect to the Conveyed Property. Notwithstanding anything herein to the contrary, Seller is conveying the Conveyed Property to Buyer "as is, where is", and with all faults and specifically and expressly without any warranties, representations, or guarantees, either express or implied, of any kind, nature, or type whatsoever from or on behalf of the Seller, except for the representations, warranties and covenants of Seller set forth in this agreement. 8. Taxes. Seller, as a government agency, has not been subject to real property tax assessment on the Conveyed Property. Transfer of title to Buyer by grant deed will subject the Conveyed Property to an assessment from the Orange County Office of the Assessor and shall be the sole obligation of the Buyer henceforth. 9. Assignment. Buyer and Seller agree that this Agreement shall be binding upon their respective heirs, executors, administrators, successors or assigns. Page 2 of 4 25A-22 10. Notices. Any notice either party may or is required to give the other shall be in writing, and shall be either personally delivered or sent by registered or certified United States mail, return receipt requested. If by mail, service shall be deemed to have been received by such party at the time notice is delivered to the address below. Either party may designate by written notice to the other party another address for notice. To Seller: City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, CA 92702 Attn: Clerk of the Council 11. Miscellaneous Provisions. To Buyer: Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto 2467 N. Riverside Drive Santa Ana, CA 92706 11.1. Waiver. The waiver of any provision of this Agreement shall be invalid unless evidenced by a writing signed by the party to be charged therewith. The waiver of, or failure to enforce, any provision of this Agreement shall not be a waiver of any further breach of such provision or of any other provision hereof. The waiver by either or both parties of the time for performing an act shall not be a waiver of the time for performing any other act or acts required hereunder. 11.2. Modifications. No change or addition to this Agreement or any part hereof shall be valid unless in writing and signed by each of the parties. 11.3. Governing Law, This Agreement shall be governed by California law. Venue for any dispute arising from or relating to this Agreement shall be the state and federal courts located in Orange County, California. 11.4. Headings. The headings in this Agreement are for convenience only and shall not be used to interpret this Agreement. 11.5. Further Acts. Each party agrees to take such further action and to execute and deliver such further documents as may be necessary to carry out the purposes of this Agreement. 11.6. No Attorney's Fees. If either party incurs attomey's fees to enforce this Agreement or because of a breach of this Agreement by the other party, the prevailing party shall not be entitled to recover attorneys' fees from the other party. 11.7. Time. Time is of the essence with respect to this Agreement. 11.8. Complete Agreement, This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter herein. There are no representations, agreements, arrangements, or understandings, verbal or written, between the parties hereto, relating to the subject matter herein, that are not fully expressed herein. Page 3 of 4 25A-23 11.9. Authority to Execute Agreement. Each individual executing this Agreement on behalf of an entity represents and warrants that he or she has been authorized to do so by the entity on whose behalf he or she executes this Agreement and that said entity will thereby be obligated to perform the terns of this Agreement. 11.10. Counterparts. This Agreement may be executed in counterparts, including by facsimile or electronic mail, each of which so executed counterpart shall, irrespective of the date of its execution and delivery, be deemed an original, and all such counterparts shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. CITY OF SANTA ANA Kristine Ridge City Manager BUYER: Bogen Charles Andres III, Trustee Ann Avery Andres, APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: %r . AV' �F,"L John unk Assistant City Attorney ATTEST Norma Mitre Acting Cleric of the Council Andres 1986 Living Trust 1986 Living Trust Page 4 of 4 25A-24 PURCHASE AND SALE AGREEMENT EXHIBIT A SELLER'S PROPERTY LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: ALL THAT PORTION OF LOT 26 LYING EAST OF THE EAST LINE OF LOTS 4 AND 9, AND THAT PORTION OF SAID LOTS 4 AND 26 LYING NORTH OF A LINE DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID LOT 26,417 FEET SOUTH 1° 02-%' WEST OF THE SOUTHWEST CORNER OF SAID LOT 9, AND RUNNING THENCE NORTH 56° 32-W EAST 174.5 FEET; THENCE NORTH 63` 32-X' EAST 288.4 FEET; AND THENCE NORTH 82° 27-%' EAST 263.30 FEET; MORE OF LESS, TO THE EAST LINE OF SAID LOT 4; ALL IN THE "POTTS, BORDEN AND SIDWELL TRACT", AS SHOWN ON A MAP RECORDED IN BOOK 4, PAGE 624 OF MISCELLANIOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING WITHIN THOSE PORTIONS AS CONVEYED TO THE STATE OF CALIFORNIA, EXCEPTING THEREFROM ANY PORTION OF SAID LAND LYING WITHIN THOSE PORTIONS AS CONVEYED TO THE STATE OF CALIFORNIA BY GRANT DEEDS RECORDED JUNE 10, 1992 AS INSTRUMENT NO. 1992-391904 OF OFFICIAL RECORDS AND RECORDED MAY 22, 2002 AS INSTRUMENT NO.2002-432665 OF OFFICIAL RECORDS. APN:002-020-37 25A-25 PURCHASE AND SALE AGREEMENT EXHIBIT B BUYER'S PROPERTY LEGAL DESCRIPTION Real property in the City of Santa Ana, County of Orange, State of California, described as follows: LOTS 6,7 AND 8 OF TRACT NO.754, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP THEREOF RECORDED IN BOOK 22, PAGE 37 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. APN: 002-050-05 25A-26 PURCHASE AND SALE AGREEMENT When recorded, please mail this Instrument to: Clerk of the Council City of Santa Ana 20 Civic Center Plaza, M-30 Santa Ana, Cagfomla 92701 Free recording requested by The City of Santa Ana per Government Code Section 6103 EXHIBIT C GRANT DEED SPACE ABOVE THIS LINE FOR RECORDER'S USE canwl Approved AS TO Approved By Desaipl1- Ooscdp'" AP. Number MMap Noobar Protect T. Form BY Any. Director WnAen BY CheckedIX Number T.D.R. A.C. 002-020-37 NW 57 GRANT DEED FOR VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, The CITY OF SANTA ANA, a Charter City and Municipal Corporation of the State of California Deed No. 8644 Does Hereby Grant to Eugen Charles Andres III and Ann Avery Andres, Trustees of the Andres 1986 Living Trust and Successor Trustees Thereto, the real property In the City of Santa Ana, County of Orange, State of California, described as follows: That portion of Parcel 1 of Lot Line Adjustment No. 2017-02, recorded as Instrument No. in the Official Records of Orange County, said portion described In Exhibit "A" attached hereto and by this reference made a part hereof, reserving an easement over said portion to the CITY OF SANTA ANA for retaining wall and other purposes as described in said Exhibit "A". City shall have no obligation to repair or replace any improvements within the retaining wall easement area that either currently exist or may thereafter be constructed. 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 For. The CITY OF SANTA ANA Dated: STATE OF CALIFORNIA ) }SS. COUNTY OF } On before me, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by hislherltheir signature(s) on the Instrument the person(s) or entity, upon which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (rhis area for official notarial seal) ': nl w U 0 rn rD 25A-27 PAGE 1 OF 5 PURCHASE AND SALE AGREEMENT EXHIBIT C GRANT DEED EXHIBIT A TO GRANT DEED LEGAL DESCRIPTION TO ACCOMPANY GRANT DEED FOR PORTION OF PARCEL 1 OF LOT LINE ADJUSTMENT NO. 2017-02 FROTH THE CITY OF SANTA ANA TO EUGEN CHARLES ANDRES III AND ANN AVERT` ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES THERETO IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA. BEING A PORTION OF THE LAND DESCRIBED IN THE GRANT DEED RECORDED DECEMBER 3, 1909 TN BOOK 169 OF DEEDS, PAGE 191, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF SAID LOT S; TIIENCE NORTH 64032,021, EAST 1.29 FEET ALONG THE NORTHERLY LINE OF LOT 9 OF SAID TRACT NO. 754; THENCE NORTH 9016'50" WEST 10.43 FEET; THENCE SOUTH 76°15'50" WEST 27.78 FEET; THENCE SOUTH 77052'34" WEST 2054 FEET; THENCE SOUTH 75"56'05" WEST 25.15 FEET; THENCE SOUTH 73034'48" WEST 23.47 FEET; THENCE SOUTH 69044'44" WEST 24.27 FEL•'T; THENCE SOUTH 6705246" WEST 22.89 FEET; THENCE SOUTH 66°39'32" WEST 22.75 FELT; THENCE SOUTH 6503756" 5.79 FEET TO THE PROLONGATION OF THE WEST LINE OF SAID LOT 6; THENCE SOUTH 2603533" EAST 3356 FEET ALONG SAID PROLONGATION TO THE NORTHERLY LINE OF SAID LOT 6; THENCE NORTH 64032'02" EAST165.70 FEET ALONG THE NORTHERLY LINE OF SAID LOTS 6.7. AND S TO ]TIE POINT OF BEGINNING. CONTAINING 4,283 SQUARE FEET. MORE OR LESS. RESERVING A TEN (10.00) FOOT WIDE EASEMENT ALONG -1.1TE NOR-1-1IERLY LINE OF SAID LAND TO THE CITY OF SANTA ANA FOR RETAINING WALL, ACCESS. MAINTENANCE AND IMPROVEMENT PURPOSES. EXCEPTING THEREFROM THE LOCATIONS OI' EXISTING STRUCTURES AS SHOWN ON EXHIBIT "C" OF LOT LINE ADJUSTMENT NO. 2017-02. SEE EXI11BIT" B" ATTACHED I IERET'O AND MADE A PART HEREOF FOR TIIE LIMITS OF THE ABOVE DESCRIBED LAND AND EASEMENT RESERVATION. SEE EXIIMIT "°C" ATTACHED HERETO AND MADE A PART HEREOF FOR SAID LOT LINE ADJUSTMENT NO.2017-02. THIS LEGAL DESCRIPTION IS NOT INTENDED FOR USE IN THE CONVEYANCE OF LAND IN VIOLATION OF TIIE SUBDIVISION MAP ACT OF THE STATE OF CALIFORNIA. TI IIS DESCRIPTION WAS PREPARED BY ME OR UNDER NIY DIRECT SUPERVISION. I VOR D. RICE, PLS 8862 SIGNED: 11 /15/17 D. Woolley S Associates. hte.. 2832 Walnut Avenue. Suite A. Tustin. California 92780 David F. Woolley, Professional Land Surveyor 7304 This document is marked preliminary unless signed. PAGE 2 OF 5 25A-28 PURCHASE AND SALE AGREEMENT EXHIBIT C GRANT DEED EXHIBIT "B" TO GRANT DEED PLAT PARCEL 2 �& nH4Dl1C0G 6RGGa @mmHmmL DIEI9D C30G OO C3 I M T to �m a PARCEL 1 AREA = 26,986 SQUARE FEET 0.619 ACRES s 3 i7 NWlIOIIUII" �!5 � NJ (1 V � L1 � I �L2 �N63'21'28"E 89.52' � `\ RIVERSIDE DRIVE SCALE: 1 "=40' THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY DIRECT SUPERVISION. VOR D. RICE, P.L.S. 8862 I� LO DETAIL SEE SHEET 2 L7 OF EXHIBIT "B' POINT OF BEGINNING LINE DATA: L1 - N63'21'28"E 49.98' L2 - N63'21'28"E 39.54' L3 - N64'32'02"E 50.02' L4 - N64'32'02"E 52.65' L5 - N64'32'02"E 63.03' L6 - N64'32'02"E 1.29' L7 - N09'16'50"W 10.43' L8 - N76'15'50"E 27.78' L9 - N77'52'34"E 20.54' L10 - N75'56'05"E 25.15' L71 - N73'34'48"E 23.47' L12 - N69'44'44"E 24.27' L13 - N67'52'46"E 22.89' L14 - N66'39'32"E 22.75' L15 - N65'37'56"E 5.79' L16 - N26'35'33"W 33.56' - PORTION OF LAND DESCRIBED IN GRANT DEED RECORDED DECEMBER 3, 1909 IN BOOK 169 OF DEEDS, PAGE 191 CONVEYED FROM THE CITY OF SANTA ANA TO EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF THE ANDRES 1986 LIVING TRUST AND SUCCESSORS TRUSTEES THERETO. PAGE 3OF5 25A-29 PURCHASE AND SALE AGREEMENT EXHIBIT C GRANT DEED EXHIBIT "B" TO GRANT DEED • ,I NOTE: ATTACHED HERETO AND MADE A PART OF EXHIBIT "A„ THE DATA SHOWN HEREON IS NOT THE RESULT OF A BOUNDARY SURVEY, BUT IS RECORD DATA PER RECORD OF SURVEY 89-1033, R.S.B. 125/16-22 LAND AREA: PARCEL 1: 26,986 SQUARE FEET 0.619 ACRES PARCEL 2 177,592 SQUARE FEET 4.077 ACRES LEGEND: SCALE: 1 "=10' "M-"® & 1w, Uu&cl-�ar+ rG;CCGS v ® e ®�C� DJC1Gs it �`v11��� � ♦e N64'32'02"E 165.70" r J 15 r 1 L6 1 1 ¢� POINT OF 1 3 BEGINNING r dcoiV 0 �Vf�/A��L/,�V GflOOoj 9c 3 N� ILOOV @p ♦ z O ♦ DETAIL O SCALE: 1=10' @ p o PROPOSED PARCEL 1 - - - - - - - - - EXISTING LOT LINE TO BE ADJUSTED RADIAL DATA: EXISTING LOT LINE ---- EASEMENT LINE RAD. 1: N26'38'25"W - - - - - - - - - - - CENTERLINE RAD. 2: N25'35'23"W V AN EASEMENT IN FAVOR OF SO. CAL INVESTMENT RAD. 3: N20'33'47"W FOR POLE LINES, CONDUITS AND INCIDENTAL PURPOSES IN THE DOCUMENT RECORDED 6/07/1926 IN BOOK 655 PAGE 173, OF DEEDS. BQ- COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS IN THE DOCUMENT RECORDED IN BOOK 459. PAGE 491 OF OFFICIAL RECORDS. CURVE DATA: CO 10.00' EASEMENT FOR RETAINING WALL, ACCESS, Cl- R=570.00' C3: MAINTENANCE AND IMPROVEMENT PURPOSES RESERVED TO THE CITY OF SANTA ANA 6 6'04'39" EXCEPTING THEREFROM THE LOCATIONS OF L=60.46' EXISTING STRUCTURES SHOWN ON EXHIBIT "C" OF THIS LOT LINE ADJUSTMENT. SAID EASEMENT C2: R=570.00' C4: WILL BE RECORDED BY SEPARATE DOCUMENT 6=5'01'37" AFTER THE FILING OF THIS LOT LINE ADJUSTMENT. L=50.01' R=570.00' 6=1'03'01" L=10.45' R=17138.80' 6=00'32'12" L=80.27' 25A-30 PAGE 4 OF 5 PURCHASE AND SALE AGREEMENT EXHIBIT C Planning and Building Agency GRANT DEED Planning Division (' 20 Civic Center Plaza II P.O. Box 1988 (M-20) ti II. Santa Ana. CA 92702 7 (714)647-5804 ww .sanla-ans.org LOT LINE ADJUSTMENT LOT LINE ADJUSTMENT NO. 2017-02 (SITE PLAN) ATTACHED HERETO TO EXHIBIT "A' FOR REFERENCE ONLY OWNERS EXISTING PARCELS AP NUMBER PROPOSED PARCELS REFERENCE NUMBER EUGEN CHARLES ANDRES III AND ANN AVERY ANDRES, TRUSTEES OF 002.050-05 AND 1 THE ANDRES 1986 LIVING TRUST AND PORTION OF 002-020-37 SUCCESSOR TRUSTEES THERETO THE CITY OF SANTA ANA, PORTION OF 002-020-37 2 A MUNICIPAL CORPORATION 0.5' WILY OF P.L.) "' YYALL CHAIN LINK FENCE (S'LY FACE 0.5' ATOP WALL 'LY OF P.L.) PORTION OF APN CONCRETE C 002-020-37 i. GUTTER _ SLOPE r v GRAVEL=� C Y Y Q _... i71 1•�I SWIMMING - '- —1-- BUILDING OOL ;. 835 S F 1 TENNIS COURT ��;::.:"; r • :: ; i1 f " • N7301jr�T;:; PLANTER r AREA .J' 2 STORIES BUILDING 2,456 SO. FT. (GROUND) Q�- P RIVERSIDE DRIVE EXHIBIT "C" TO GRANT DEED NOTE: SEE SHEET 2 OF EXHIBIT "C" FOR EASEMENT NOTE AND LEGEND LY FACE 0.5' .Y OF P.L.) 14'CLEAR OF 0.33'CLEAR OF �1— MOB g 12.25' SCALE: 1 "= 30' 25A-31 PAGE 5OF5 25A-32 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: APPROVE QUALIFIED CONSULTANTS TO PROVIDE ON -CALL ENVIRONMENTAL AND PLANNING SERVICES FOR CITY PLANNING PROJECTS AND SUPPLEMENTAL STAFF SERVICES FOR A TOTAL NOT TO EXCEED $1,400,000 (STRATEGIC PLAN NO. 3,3) —n-1P, C 11.r��/(d�(1 CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute agreements approved as to form by the City Attorney's Office to engage each of the 31 environmental and planning services firms listed below as -needed for a period of two years ending May 21, 2021, to provide on -call environmental, technical and planning services for the Planning & Building Agency at the fees set forth in their responses to Request for Qualifications No. 17-043. The total allocation for the requested services is not to exceed $1,400,000, subject to non -substantive changes by the City Manager and City Attorney. Consultants: AECOM Technical Services, Inc. ICF Jones & Stokes, Inc. (ICF) Annealta Group Infrastructure Engineering Corporation (IEC) Architectural Resources Group, Inc. Kimley Horn and Associates, Inc. CAA Planning, Inc. LSA Associates, Inc. Chamber Group Inc. Michael Baker International Circlepoint Moore, lacofano, Goltsman, Inc. (MIG) CSG Consultants, Inc. Phil Martin & Associates, Inc. De Novo Planning Group PlaceWorks, Inc. Dudek Renee Escario DBA RE Consulting ECORP Consulting, Inc. Rincon Consultants, Inc. Environmental Science Associates (ESA) Sagecrest Planning and Environmental, LLC Environment Planning Development Solutions, Inc. EPD Solutions, Inc. T & B Planning, Inc. Evan Brooks Associates UltraSystems Environmental Inc. FCS International, Inc. (FirstCarbon Solutions) Urban Crossroads, Inc. Greenwood and Associates Veneklasen Associates, Inc. Helix Environmental Planning, Inc. 25B-1 Environmental and Planning Services Consultant Agreements May 21, 2019 Page 2 DISCUSSION In June 2017, the City Council authorized staff to distribute Request for Qualifications No. 17-043 for any and all work efforts related to the California Environmental Quality Act and the National Environmental Policy Act, technical studies, and/or planning services. The intent was to establish a list of qualified consulting firms to be utilized for a period of two years on an as -needed basis. The Planning Division received Statements of Qualifications from 33 firms in response to the Request for Qualifications. The proposals were reviewed for adequacy, evaluated based on the criteria in the RFQ and compiled into a list of qualified firms. One firm did not provide the submittal requirements listed in the RFQ and one firm has since closed. Of the 33 firms that submitted a statement of qualifications, 31 firms are qualified to provide environmental services, technical studies and/or planning services related to current and advanced planning, historic preservation, technical studies and general planning efforts. A list of 31 qualified consultants is included as Exhibit 1. In 2017 and 2018, the City Council approved 31 firms to be on the City's bench list of consultants to provide environmental and planning services for development projects. Under this current structure, the applicant pays for the services as part of the development review process. The City Council approval provided for a three-year agreement period ending on October 3, 2020 for environmental services and June 5, 2021 for planning services. The current proposal will also authorize the bench list firms to provide services for City funded projects for a period of two years (May 21, 2021). The Planning Division's workload fluctuates and oftentimes increase as development applications rise. Having on -call consultants for planning services will assist the Planning Division in improving customer service, meeting deadlines and keeping pace with development schedules. Occasionally, the Planning Division needs technical expertise to assist with city projects related to urban design, historic preservation, environmental assessments and/or assistance with specific zoning ordinance amendments (i.e. billboards, short-term rentals, parking, etc.). Utilizing a consultant's knowledge and experience can help reduce the timeframe needed for completing a planning project and ensure that best practices are used by the City. In addition, the Planning Division is requesting planning and professional services to assist City staff with the timely completion of the General Plan update pursuant to the most recent State of California General Plan Guidelines. The selected consultant(s) will assist in activities related to project management in addition to completion of individual elements, implementation plan, and refinements to completed work product using best practices and first-hand experience of consultant with similar comprehensive General Plan updates. Consultant's efforts related to environmental services could include environmental analysis conducted for City projects, such as an ordinance amendment, that requires preparation of required technical studies such as parking studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, 25B-2 Environmental and Planning Services Consultant Agreements May 21, 2019 Page 3 Environmental Impact Reports, Subsequent or Supplemental Environmental Impact Reports, Addendums, Environmental Assessments, and Environmental Impact Statements. In addition, under City planning staff supervision, consultants may be assigned to staff the Public Planning counter. Consultants may assist with responding to the public inquires at the counter, over the phone and/or via email to provide basic zoning information. Consultants may also assist with review and processing of ministerial permits such as tenant improvements, small additions, sign permits, reroof permits, and window permits. With the consultant's assistance at the counter, full-time planning staff can focus their efforts on current development projects and updating the general plan. Appointment to the pre -approved list does not guarantee work to a consultant. If needed, firms will be selected based upon their ability to perform the required work within the timeframe needed and budget constraints. Firms will be paid from the Planning Agency's Contract Services - Professional and Air Quality Management District accounts. Approval of the list will allow the Planning Division to hire qualified, experienced consultants for specific projects or tasks in a timely manner. As a result, the staff will be better able to respond quickly to fluctuating demands and ultimately provide better service to the City of Santa Ana. It is recommended that the consultant list be approved due to the expertise that the firms have demonstrated in the field of planning. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #3 - Economic Development, Objective #3 (Promote a solutions -based customer focus in all efforts to facilitate development and investment in the community). FISCAL IMPACT Effective May 22, 2019, fees paid to a consultant for environmental and planning services will be recorded from Contract Services -Professional account no. 01116510-62300 for the fiscal years of 2018/2019, 2019/2020 and 2020/2021. Fees for planning projects related to parking and/or transportation will be recorded from the Air Quality Management District account no. 03116510- 62300 for the fiscal years of 2018/2019, 2019/2020 and 2020/2021. Fees paid for advanced planning services for the General Plan update will be recorded from account no. 05016018- 62300 for the fiscal year of 2018/2019 and account no. 05016020-62300 2019/2020. Fiscal Year Accounting Fund Accounting Unit, Account Amount Unit Description Description 01116510- General Fund Planning & Building - Planning Contract $200,000 62300 FY2018/19 03116510- Air Quality Impr. Planning Air Quality Improv - Contract $50,000 May -June 62300 05016018- PBA General Planning & Building - Planning Contract $350,000 62300 Plan 25B-3 Environmental and Planning Services Consultant Agreements May 21, 2019 Page 4 Fiscal Year Accounting Fund Accounting Unit, Account Amount Unit Description Description 01116510- General Fund Planning & Building - Planning Contract $50,000 62300 FY2019/20 03116510- Air Quality Impr. Planning Air Quality Improv - Contract $50,000 July -June 62300 05016020- PBA General Planning & Building - Planning Contract $600,000 62300 Plan 01116510- General Fund Planning & Building - Planning Contract $50,000 62300 FY2020/21 03116510- July -May 62300 Air Quality Impr. Planning Air Quality Improv - Contract $50,000 Total Contract Amount $1,400,000 The Planning and Building Agency will monitor the above -referenced accounts to ensure sufficient appropriations are available to facilitate timely payments to the vendors providing the said service. O Minh Thai Executive Director Planning and Building Agency APPROVED AS TO FUNDS AND ACCOUNTS: 4,�. Ka htKa ryn Downs, CPA Executive Director Finance and Management Services Agency SK:rb SARFCA\2019\5-21-19\City Planning Services RFCA\RFCA Approval of Planning Consultants 5.21.19.doc Exhibits: 1. Bench List of Qualified Consultants 2. Approved to Form (Template) — Agreement to Provide On -Call Planning Services 25B-4 EXHIBIT 7 On -call Environmental and Planning Consultant List 1. AECOM Technical Services, Inc. 2. Annealta Group 3. Architectural Resources Group, Inc. 4. CAA Planning, Inc. 5. Chamber Group Inc. 6. Circlepoint 7. CSG Consultants, Inc. 8. De Novo Planning Group 9. Dudek 10. ECORP Consulting, Inc. 11. Environmental Science Associates (ESA) 12. Environment Planning Development Solutions, Inc. (EPD Solutions, Inc.) 13. Evan Brooks Associates 14. FCS International, Inc. (FirstCarbon Solutions) 15. Greenwood and Associates 16. Helix Environmental Planning, Inc. 17. ICF Jones & Stokes, Inc. (ICF) 18. Infrastructure Engineering Corporation (IEC) 19. Kimley Horn and Associates, Inc. 20. LSA Associates, Inc. 21. Michael Baker International 22. Moore, lacofano, Goltsman, Inc. (MIG) 23. Phil Martin & Associates, Inc. 24. PlaceWorks, Inc. 25. Renee Escario DBA RE Consulting 26. Rincon Consultants, Inc. 27. Sagecrest Planning and Environmental, LLC 28. T & B Planning, Inc. 29. UltraSystems Environmental Inc. 30. Urban Crossroads, Inc. 31. Veneklasen Associates, Inc. 25B-5 r EXHIBIT 2 AGREEMENT TO PROVIDE ON -CALL ENVIRONMENTAL AND PLANNING SERVICES THIS AGREEMENT is made and entered into this 21' day of May, 2019 by and between Click here to enter test. ("Consultant'), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. On June 7, 2017, the City issued Request for Qualification No. 17-043, by which it sought Consultants to provide on -call environmental, technical and planning services for the Planning and Building Agency of the City of Santa Ana. a. The scope of work may include any and all work efforts related to City projects to analyze a proposed project for compliance with the California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA). This may include preparation of required technical studies, peer review of technical studies prepared by others, preparation of Initial Studies, Negative Declarations, Mitigated Negative Declarations, Environmental Impact Reports, Environmental Assessments, Environmental Impact Statements, and other services on an as -needed basis; and/or b. The scope of work may include any and all work efforts related to drafting and adopting zoning ordinance amendments that are related to City projects and processing development project applications and entitlements including plan review, preparing staff reports, attending public hearings, and counter staffing services on an as -needed basis; and/or c. The scope of work may include any and all work efforts related to advanced planning including updating, drafting and adopting the General Plan including preparing technical studies, elements of the General Plan, preparing staff reports, attending public hearings on an as -needed basis. B. Consultant submitted a responsive proposal that was among those 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 RFQ No. 17-043 and attached hereto as Exhibit A. C. Consultant has been selected as one of the thirty-one (31) vendors which qualified for this engagement. Only those consultants approved by the City Council on May 21, 2019, shall be eligible to be engaged by the City for these services. 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 Page I of I 1 25B-7 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 On an as -needed basis, and at the sole discretion of City, Consultant shall perform the services that are described in Exhibit A. Consultant's proposal is incorporated by reference as though fully set forth herein. When the need for services arise, City may initiate services through use of a Letter Agreement for a specific project, executed by the Executive Director of the Planning and Building Agency and the Consultant. Work by the Consultant may not proceed absent a previously engaged or fully executed consultant agreement and letter agreement for a specific project. 2. COMPENSATION a. City neither warrants nor guarantees any minimum or maximum compensation to Consultant under this Agreement. Consultant shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit B. The total compensation for services provided for environmental, technical and/or planning services is determined upon submission of a proposal including the scope of work. The Consultant shall perform the services and when the environmental, planning and technical services report is completed, the City will pay the Consultant for the completed work. 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. 3. TERM This Agreement shall commence on the date first written above and continue for a period of two (2) years, until May 21, 2021, unless terminated earlier in accordance with Section 17, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney. 4. PREVAILING WAGES Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Page 2 of I I 25B-8 services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is 51,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 5. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 6. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data'). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were provided to Consultant by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. 7. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any Page 3 of 11 25B-9 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) Where the amounts or coverage provided by the certificates of insurance provides coverage greater than those listed by this Agreement, the amounts provided by the certificates of insurance shall be incorporated by reference into the Agreement. (v) Consultant shall supply City with a fully executed additional insured endorsement. 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 Page 4 of I l 25B-10 has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 8. INDEMNIFICATION Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the negligent operations of the Consultant or its Consultants, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section I of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising 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. 9. 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. 10. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of the City to Page 5 of 1 I 25B-11 examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 11. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 12. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interest and shall not have interests, direct or indirect, which would conflict in any manner with performance of services. 13. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council 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 Planning and Building Agency City of Santa Ana 20 Civic Center Plaza (M-21) P.O. Box 1988 Page 6 of I I 25B-12 Santa Ana, CA 92702 Fax:714-647-5897 To Consultant: Click here to enter text. A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 14. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant regarding the subject matter herein, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 15. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 16. WAIVER No waiver of breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies. Page 7 of 1 I 25B-13 17. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant compensation for all services performed by Consultant prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 18. NON-DISCRIMINATION 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. 19. JURISDICTION -VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 20. PROFESSIONAL LICENSES Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 21. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of Page 8 of 11 25B-14 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: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: Lisa Storck Assistant City Attorney FOR APPROVAL MINH THAI Executive Director Planning and Building Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager CONSULTANT Name: Click here to enter text. Title: Click here to.enter text. Page 9 of 11 25B-15 EXHIBIT A SCOPE OF SERVICES Page 10 of I I 25B-16 EXHIBIT B FEE SCHEDULE (OR) RATES AND CHARGES Page 11 of 11 25B-17 25B-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: APPROVE THE EXERCISE OF THE LAST ONE-YEAR EXTENSION WITH VIDEO ENGINEERING SERVICES AND APPROVE AN INCREASE OF $16,000 IN THE TOTAL AMOUNT NOT TO EXCEED $359,375 FOR BOTH CURRENT FISCAL YEAR AND REQUESTED EXTENSION (STRATEGIC PLAN NO. 2, 3C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 15' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute an amendment to the agreement with Video Engineering Services by increasing the not -to -exceed amount by $15,000 for the current term (ending June 30, 2019) and exercise the last optional one-year extension ending June 30, 2020, which will include an increase of $15,000 for an amount not to exceed $80,875 for each of the terms and a total agreement of $359,375 to provide video production and consulting services. The recommended increases will be paid from the General Fund, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On June 2, 2015, the City entered into a three-year agreement with two, one-year options with Video Engineering Services to provide video production of City Council meetings, other various productions and cable/video equipment maintenance. The City has experienced a higher than anticipated need for audio/visual engineering services. Over the past year the City Council chambers has had multiple pieces of equipment fail, which has required troubleshooting and repair/replacement of equipment. Each time there is an issue, services from our professional consultant, Video Engineering Services is required. Additionally, the City has issued a request for proposal for a replacement video wall and have consulted with Video Engineering Services on required specifications. These needs along with holding additional 25C-1 Agreement Amendment with Video Engineering Services May 21, 2019 Page 2 recorded meetings require the City to increase the not -to -exceed amount of the agreement with Video Engineering Services. STRATEGIC PLAN ALIGNMENT Approval of this item allows the City to meet Goal #2 Youth, Education, Recreation, Objective #3 (Expand use of technology as a tool for communications and education in the community), Strategy C (Review web, social media, and CTV3 services and develop new strategies for more effective use). FISCAL IMPACT The proposed increase in the not -to -exceed amount may impact fiscal year 2018-2019 and 2019- 2020. If there is an unanticipated decrease in the need for services, then funds will not be spent on this agreement. The funds are budgeted and available for expenditure in the current fiscal year and will be budgeted and made available next fiscal year in the following account listed below. Fiscal Accounting Fund Accounting Unit, Account Amount Year Unit- Description Description Account # FY 18-19 01113200- General Fund PRCSA-Administration, $15,000 62300 Contract Services Professional FY 19-20 01113200- General Fund PRCSA-Administration, $15,000 62300 Contract Services Professional TOTAL $30,000 Lisa 3ddloff Executive Director Parks, Recreation and Community Services Agency APPROVED AS TO FUNDS AND ACCOUNT: Kath n Downs, CPA Executive Director ', Finance and Management Services Agency Exhibit: 1. Agreement Amendment — Video Engineering Services 25C-2 EXHIBIT 1 FIRST AMENDMENT TO AGREEMENT WITH THOMAS BYSTRY DBA VIDEO ENGINEERING SERVICES THIS FIRST AMENDMENT to the above -referenced Agreement is entered into on May 21, 2019, by and between Thomas Bystry dba Video -Engineering Services, a sole proprietor ("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 an Agreement No. A-2015-096 dated June 2, 2015 to provide video engineering services for City Council Meetings, the Mayor's State of the City Address, as needed video engineering services and technical expertise for purchase, installation and maintenance of audio and video equipment in the City Council Chambers and other City conference rooms ("Agreement"). B. On April 13, 2018, the City exercised the first (of two) optional one-year extensions. This extended the term of the Agreement from July 1, 2018 to June 30, 2019. C. The parties wish to amend the Agreement to add S 15,000 to the rest of the current term (ending June 30, 2019) and an additional S 15,000 for the last optional one-year extension, which the parties shall exercise their option to extend. The total annual not to exceed amount for each optional extension will be $80,875 and the total Agreement not to exceed amount will be $359,375. The Parties therefore agree: 1. Section 2a, COMPENSATION, is amended to increase the compensation for each. of the optional two, one-year extensions by $15,000 for a total annual not to exceed amount of $80,05. The total agreement not to exceed amount will be S359,375., 2. Section 3, TERM, is amended to extend the term of the Agreement for an additional one year period until June 30, 2020. 3. Except as modified by this First Amendment, all terms and conditions of the Agreement as extended 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_OESANTA-ANA NORMA MITRE Acting Clerk of the Council (Signatures continue on the next page] KRISTINE RIDGE City Manager Page I of 2 25C-3 EXHIBIT 1 APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By. Czaw'w' • �dat �Z t LAURA A. ROSSINI Senior Assistant City Attorney RECOMMENDED F"ROVAL —L / C LISANWJDLOFF Executive Director, Parks, Recreation and Community Services Agency [First Amendment -Agreement with Thomas Bystry] CONSULTANT � rzdz Thom -Bystry dba Video Engine g Services REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: AMEND COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR WESTMINSTER AVENUE/17T" STREET CORRIDOR TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 16-6869) {STRATEGIC PLAN NO. 6, 113} CITY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2ntl Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute the First Amendment of the Cooperative Agreement with Orange County Transportation Authority (OCTA) for the Westminster Avenue/17th Street Traffic Signal Synchronization Project, to extend the term of the agreement for an additional period of thirty-one (31) months through December 31, 2021, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 5, 2016, the City Council approved a cooperative agreement with the OCTA to implement regional traffic synchronization on Westminster Avenue/17th Street, with OCTA as the lead agency. The cooperative agreement details the inter jurisdictional roles and responsibilities of the agencies in which the corridor traverses, including Santa Ana and the cities of Seal Beach, Westminster, Garden Grove, Tustin, and the County of Orange. The amendment will extend the cooperative agreement for an additional period of 31 months to allow OCTA to finalize the two-year monitoring phase as required by the project funding, and time to process financial obligations with all participating agencies. If approved, the agreement would expire on December 31, 2021. 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). 25D-1 Amend Cooperative Agreement for Westminster / 171 Traffic Signal Synchronization May 21, 2019 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There is no fiscal impact associated with this action. Fuad §j Sweiss, PE, PLS ExeculVe Director Public orks Agency FSS/WEG/TH/CR Exhibit: 1. Amendment No. 1 to Cooperative Agreement No. C-5-3589 25D-2 IWP:II:]keI 1 2 3 4 5 6 7 13 14 is 16 17 is 19 2D 21 22 23 24 25 26 AMENDMENT NO,1 TO COOPERATIVE AGREEMENT NO. C-5-3689 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITIES OF SANTA ANA, GARDEN GROVE, SEAL BEACH, TUSTIN, WESTMINISTER, ►T,m7 COUNTY OF ORANGE FOR WESTMINSTER AVENUE / 17TH STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS AMENDMENT NO. 1 is made and entered Into this _ day of 2o19 ("Effective Date"), by and between the Orange County Transportation Authority, ("AUTHORITY"), and the Cities of Santa Ana, Garden Grove, Seal Beach, Tustin, Westminster, and the County of . Orange (hereinafter referred to as the "PARTICIPATING AGENCIES'). ESSETH: WHEREAS, by Agreement No. C-5-3589 dated June 13, 2016, AUTHORITY and PARTICIPATING AGENCIES entered Into a cooperative agreement for the coordination of traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, AUTHORITY and PARTICIPATING AGENCIES agree to extend the term of the agreement for an additional thirty one (31) months to December 31, 2021; NOW, THEREFORE, it Is mutually understood and agreed that Agreement No. C-5-3689 is hereby amended in the following particulars only: Page 1 of 7 25D-3 z 3 4 5 6 7 8 9 10 11 12 13 t4 is 16 17 1s 19 20 zt zz 23 %4 k"P4 AMENDMENT No.1 TO COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE 117TH STREET - RTSSP 1. Amend ARTICLE 9. ADDITIONAL PROVISIONS, page 9 of 18, Paragraph A, line 11 and 12, to delete "June 2019", as the expiration date of the Agreement and In lieu thereof, Insert "December 31, 2021". The balance of Agreement No. C-5-3589 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C-5-3589 to be executed on the date of the last signature below. CITY OF SANTA ANA ORANGE COUNTY TRANSPORTATION AUTHORITY In KRISTINE RIDGE City Manager Date: ATTEST: 52 City Clerk Date: APPROVED AS TO FORM: By: U,, � k S la R. Carvalho City Attorney Date: RECOMMEND FOR APPROVAL: Fuad S. Swelss, PE, PLS Executive Director Public Works Agency By: Meena Katakia Manager, Capital Projects Date: Page 2 of 7 25D-4 1 2 3 4 5 6 7 s 9 18 11 12 13 14 15 16 17 18 19 20 21 1 22 23 24 25 26 AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. C-5-3589 WESTMINSTER AVENUE 117TH STREET - RTSSP IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C-5.3589 to be executed on the date of the last signature below. CITY OF GARDEN GROVE By: Scott C. Stiles City Manager Date: ATTEST: Bv: Teresa Pomeroy City Clerk Date: APPROVED AS TO FORM: By: Omar Sandoval City Attorney Data: Page 3 of 7 25D-5 1 2 3 4 5 6 7 8 9 18 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 1 AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. C-6.3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C-5-3589 to be executed on the last signature below. CITY OF SEAL BEACH By: Jill R. Ingram City Manager Date: ATTEST: Bv: Gloria Harper City Clerk Date: APPROVED AS TO FORM: By: Craig Steele City Attorney Date: Page 4 of 7 25D-6 1 2 3 4 5 6 7 s 9 10 11 t2 13 14 15 16 17 15 19 20 21 22 23 24 25 26 AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. C-6.3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to Agreement No. C-5-3589 to be executed on the date of the last signature below. CITY OF TUSTIN Bv: Chuck Puckett Mayor Date: ATTEST: By: Erica N. Rabe City Clerk Date: APPROVED AS TO FORM: By: David E. Kendig City Attorney Date: Page 5 of 7 25D-7 1 2 3 4 5 6 7, 8 9 10 11 12 13 14 Is 16 17 18 19 20 21 22 23 24 26 26 AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO, C-5-3589 WESTMINSTER AVENUE / 17TH STREET - RTSSP IN WITNESS WHEREOF, the parties hereto have caused this Amendment No, 1 to Agreement No. C-5-3589 to be executed on the date of the last signature below. CITY OF WESTMINSTER By: Tri Ta Mayor Date: ATTEST: By: Christine Cordon City Clerk Date: APPROVED AS TO FORM: By: City Attorney Date: Page 6 of 7 25D-8 2 3 4 s 6 7 a 9' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AMENDMENT NO.1 TO COOPERATIVE AGREEMENT NO. C-6-3589 WESTMINSTER AVENUE 117TM STREET - RTSSP IN WITNESS WHEREOF, the patties hereto have caused this Amendment No. 1 to Agreement No. C-5-3589 to be executed on the date of the last signature below. COUNTY OF ORANGE By: Chairwoman Bartlett Board of Supervisors Date; ATTEST: By: Robin Stleler Clerk of Board Date: APPROVED -AS TO FORM: A Deputy County Counsel Date: Page 7 of 7 25D-9 25D-10 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: AMEND COOPERATIVE AGREEMENT WITH ORANGE COUNTY TRANSPORTATION AUTHORITY FOR BRISTOL STREET TRAFFIC SIGNAL SYNCHRONIZATION PROJECT (PROJECT NO. 15-6829) (STRATEGIC PLAN NO. 6, 1B) CITYMANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 16' 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 Amendment No. 2 of the cooperative agreement with Orange County Transportation Authority (OCTA) for the Bristol Street Traffic Signal Synchronization Project, to extend the term of the agreement for an additional period of twelve (12) months through May 31, 2020, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION On April 21, 2015, the City Council approved a cooperative agreement with the Orange County Transportation Authority to implement regional traffic synchronization on Bristol Street, with OCTA as the lead agency. The cooperative agreement details the inter -jurisdictional roles and responsibilities along Bristol Street from State Route 22 in Santa Ana to Jamboree Road in Newport Beach. On April 6, 2016, the City Council approved Amendment No. 1 which revised the project's matching funds. The recommended amendment is needed to extend 12 months to allow OCTA to finalize the two-year funding and time to process financial obligations wi agreement would expire on May 31, 2020. STRATEGIC PLAN ALIGNMENT the cooperative agreement for an additional monitoring phase as required by the project th all participating agencies. If approved, the 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). 25E-1 Amend Cooperative Agreement for Bristol Street Traffic Signal Synchronization May 21, 2019 Page 2 ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT There i o fiscal impact associated with this action. nL Fuad S. S eiss, PE, PLS Executive 1pirector Public Works Agency FSS/WEG/TH/CR Exhibit: 1. Amendment No. 2 to Cooperative Agreement No. C-4-1882 25E-2 EXHIBIT 1 I 1 2 3 4 5 6 7 s 9 10 11 12 13 14 Is 16 17 16 19 20 21 22 23 24 25 26 AMENDMENT NO.2 TO COOPERATIVE AGREEMENT NO, C4.1882 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITIES OF COSTA MESA, NEWPORT BEACH, AND SANTA ANA FOR BRISTOL STREET REGIONAL TRAFFIC SIGNAL SYCHRONIZATION PROJECT THIS AMENDMENT NO. 2 Is made and entered Into this _ day of 2019 ("Effective Date"), by and between the Orange County Transportation Authority, ("AUTHORITY'), and the Cities of Costa Mesa, Newport Beach, and Santa Ana (hereinafter referred to as the 'PARTICIPATING AGENCIES"). WGNESSETH; WHEREAS, by Agreement No. C-4-1882 dated May 27, 2015, as last changed by Amendment No. 1 dated October 10, 2016 AUTHORITY and PARTICIPATING AGENCIES entered Into a cooperative agreement for the coordination of traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, AUTHORITY and PARTICIPATING AGENCIES agree to extend the term of the agreement for an additional twelve (12) months toWay 31,72020; NOW, THEREFORE, it is mutually understood and agreed that Agreement No. C-4.1882 Is ;1 hereby amended in the following particulars only. j 1, Amend ARTICLE 9. ADDITIONAL PROVISIONS, page 9 of 14, Paragraph A, line 7 and 8, to delete "May 31, 2019", as the expiration date of the Agreement and In lieu thereof, Insert "May 31, 2020". Page 1 of 4 25E=3 2 3 4 s 6 7 a 13 1 14 1s 16 17 A 1a 719 20 21 0 23 24 25 26 1 AMENDMENT NO.2 TO COOPERATIVE AGREEMENT NO. C-4-1882 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM The balance of Agreement No. C-4-1882 remains unchanged. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. C-4-1882 to be executed on the date of the last signature below. CITY OF COSTA MESA ORANGE COUNTY TRANSPORTATION AUTHORITY By: Stephen M. Mensinger Mayor Date: ATTEST: Bv: Brenda Green City Clerk Date: APPROVED AS TO FORM: By: Tom Duarte City Attomey Date: By: Means Katakia Manager, Capital Projects Date: APPROVED AS By: rx€s M. DoAlch ' neral Co nsel Page 2 of 4 25E-4 1 2 3 4 5 6 7 9 9 10 1I 12 13 14 15 16 17 t8 19 22 23 24 25 26 AMENDMENT NO.2 TO COOPERATIVE AGREEMENT NO. C-4-1882 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. C-4-1882 to be executed on the date of the last signature below. CITY OF NEWPORT BEACH By: Edward D. Sellch Mayor Date: ATTEST: By: Lellani I. Brown City Clerk Date: APPROVED AS TO FORM: By: Aaron C. Harp City Attorney Date: Page 3 of 4 25E-5 1 2 3 4 s 6 7 8 9 to 12 13 14 Is 16 17 18 `1 21 22 23 24 25 26 AMENDMENT NO.2 TO COOPERATIVE AGREEMENT NO. C-4-1882 TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to Agreement No. C-4-1882 to be executed on the date of the last signature below. CITY OF SANTA ANA By: Steven A. Mendoza Acting City Manager Date: ATTEST: By: City Clerk Date: APPROVED AS TO FORM: By: 14 nia Carvalho. City Attorney Date: RECOMMEND FOR APPROVAL: Fuad S. Swelss, PE, PLS Executive Director Public Works Agency Page 4 of 4 25E-6 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: APPROVE A TWO-YEAR LICENSE AGREEMENT WITH AN AUTOMATIC MONTHLY RENEWAL FOR AN ADDITIONAL THREE YEARS FOR $561,200 WITH DYER BUSINESS PARK, LLC FOR THEIR USE OF THE EAST ALTON AVENUE / SOUTH STANDARD AVENUE PARCEL {STRATEGIC PLAN NO. 31 ClfY MANAGER RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 1a Reading ❑ Ordinance on 20d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a license agreement with Dyer Business Park, LLC, for a monthly license fee of $9,200, for use of real property owned by the City at the eastern terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway, for a two-year term commencing on May 22, 2019, and expiring May 21, 2021, which will automatically renew month to month thereafter for an additional three years, for a maximum of $561,200, subject to non -substantive changes approved by the City Manager and City Attorney. The revenue will be deposited into the Select Street Construction — Gas Tax, Rental of Property revenue account. DISCUSSION On April 8, 2019, the City issued Request for Proposal (RFP) 19-007 seeking qualified firms wishing to enter into an exclusive license agreement to utilize the City property located at the eastern terminus of Alton Avenue and the SR-55 Freeway (Property). The Property is 86,626 square feet, with approximately 66,546 square feet net usable land area, exclusive of the portion which lies within an unimproved flood channel. In partnership with the City of Irvine, the City has future plans to construct a new overpass at the SR-55, linking the cities of Santa Ana and Irvine at Alton Avenue. The subject property is included within the overpass project area; however, construction is not expected to begin for another three to five years. Thus, the property is expected to be available for uninterrupted use by the licensee until construction commences. The agreement (Exhibit 1) includes a 60-day cancellation notice to allow for maximum scheduling flexibility. The RFP for use of the site was posted on PlanetBids and 42 vendors were notified via the PlanetBids portal. In addition, notification was mailed to 388 Santa Ana businesses and residents 25F-1 Approve License Agreement with Dyer Business Park, LLC May 21, 2019 Page 2 within a half mile of the property. Two proposals were received and evaluated Community Development Agency, Finance and Management Services, and t Building Agency, based on the appropriateness of the proposed use, financial proposing firm, and the proposed license fee. Based on the results of the recommends awarding the license agreement to Dyer Business Park, LLC. SCORE PROPOSER (out of 100 APEX Management, Inc. 57 Dyer Business Park, LLC 80 STRATEGIC PLAN ALIGNMENT by staff from the he Planning and capacity of the evaluation, staff Approval of this item supports the City's efforts to meet Goal #3 — Economic Development. ENVIRONMENTAL IMPACT There is no environmental impact associated with this action. FISCAL IMPACT This agreement will result in revenue of $9,200 per month into the Street Construction — Gas Tax, Rental of Property account (#05917002-57960). The agreement will commence on May 22, 2019 and expire May 21, 2021. The agreement will automatically renew each month thereafter for an additional three years unless a notice to vacate premises is provided by the City or Licensee. The license fee for May 2019 and May 2024 will be prorated. Fiscal Accounting Unit— Fund Accounting Unit, Account Amount Year Account # Description Description FY 18-19 05917002-57960 Select Street Select Street Construction — $12,167.74 May -June Construction Gas Tax, Rental of Property FY 19-20 05917002-57960 Select Street Select Street Construction — $110,400.00 July -June Construction Gas Tax, Rental of Property FY 20-21 05917002-57960 Select Street Select Street Construction — $110,400.00 Jul -June Construction Gas Tax, Rental of Property FY 21-22 05917002-57960 Select Street Select Street Construction — $110,400.00 July -June Construction Gas Tax, Rental of Property FY 22-23 05917002-57960 Select Street Select Street Construction — $110,400.00 July -June Construction Gas Tax, Rental of Property FY 23-24 05917002-57960 Select Street Select Street Construction — $107,432.26 Jul -Ma Construction Gas Tax, Rental of Pro ert Total Contract Amount 1 $561,200.00 25F-2 Approve License Agreement with Dyer Business Park, LLC May 21, 2019 Page 3 APPROVED AS TO FUNDS AND ACCOUNTS: � vl'-� 1J(" Fuad S. ei s, PE, PLS Kathryn Downs, CPA Executive Dir ctor Executive Director Public Works Or Finance and Management Services Agency FS/YV Exhibit: 1. License Agreement 25F-3 25F-4 EXHIBIT 1 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF SANTA ANA AND DYER BUSINESS PARK, LLC FOR EXCLUSIVE USE OF PROPERTY OWNED BY THE CITY OF SANTA ANA This LICENSE AGREEMENT ("Agreement") by and between the CITY OF SANTA ANA, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"), and Dyer_Business Park, LLC, ("Licensee"), is made and entered into on May.22,-2019 ("Effective Date"). Licensee and City are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS A. On April 8, 2019, the City issued Request for Proposal No. 19-007, by which it sought operators to enter into an exclusive license agreement to utilize real property owned by the City, on a temporary basis, at the eastern terminus of Alton Avenue between Standard Avenue and the SR-55 Freeway in the City of Santa Ana, California, as particularly described in Exhibit A, attached hereto and incorporated by reference ("Property"). B. The Property is part of a planned road improvement project to be constructed by the City where such construction is anticipated to begin within five years of the date of this Agreement. While the Property is not located in a specific zone district, properties immediately surrounding the site are zoned for Light Industrial Use (Ml). C. Licensee is a diversified real estate company responsible for the acquisition, design, development, constructions and management of business parks, shopping centers, apartment communities and mixed -use environments, who submitted a responsive proposal that was selected by the City, in accordance with the permissible uses of the Property as described in RFP No. 19- 007. D. Licensee desires the use of and access to the Property for the purpose of temporary parking of Licensee's vehicles and vehicles belonging to future tenants of Licensee. City desires to allow Licensee the exclusive use of and access to the Property for this purpose alone ("Permitted Uses"), which is compatible to the permissible uses under the Light Industrial Use (MI) zoning designation described in Exhibit B. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter contained and for good and valuable consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. GRANT OF EXCLUSIVE LICENSE 1.1 Grant of Exclusive License. The City hereby grants to Licensee an exclusive license for the right to enter and use the Property beginning on the Effective Date, for the Permitted Page 1 of 13 25F-5 Uses, upon the terms and conditions set forth herein ("License"), subject to Licensee's performance of all of its obligations under this Agreement. 1.2 License Agreement Only. This Agreement is intended and shall be construed only as a revocable license to use the Property and not as a lease or grant of any possessory or other interest. 1.3 Restrictions on Use of Property. Licensee shall not use, and shall prohibit its Agents or Invitees from using, the Property other than for the Permitted Uses. The term "Agents" shall mean Licensee's officers, directors, members, agents, employees, invitees, contractors, subcontractors, and any employees of such parties. The term "Invitees" shall mean Licensee's invitees, guests, customers, tenants, or business visitors. 2. LICENSE FEE AND TERM 2.1 License Fee. As consideration for its use of the Property, Licensee agrees to pay to City $9,200 per month for the term of this Agreement. License fees for any partial month shall be pro -rated. Payment shall be made payable to the City of Santa Ana, in advance for each month, no later than the 10`h of the prior month, at the following address: Public Works Agency, City of Santa Ana M-21, Administrative Services Manager, 20 Civic Center Plaza, PO Box 1988, Santa Ana, CA 92702. A late charge of ten percent (10%) shall be applied to any payment hereunder due but unpaid after the 10`h of the month. The consideration for this License shall be subject to a CPI adjustment annually utilizing the most recently published annual average, on the anniversary of the Effective Date during the term hereof. 2.2 Term and Revocation of License. The term of this Agreement shall commence on the Effective Date and will remain in effect for a term -of two.(2) years, unless and until a sixty (60) day written notice to vacate premises is provided by the City or Licensee. This Agreement shall automatically renew each month thereafter for an-additiorYal4hree(3) years, unless and until a sixty (60) day written notice to vacate premises is provided by the City`orLcensee. In no case shall the maximum term of this Agreement exceed five years without the prior written consent of the City. Notwithstanding anything to the contrary in this Agreement, City may revoke this License at any time by providing sixty (60) days' written notice to Licensee. 3. WARRANTIES AND ASSIGNMENT 3.1 AS -IS Condition. City makes no representation or warranty of any kind as to the condition of the Property or any other matter relating to Licensee's use of the Property. Licensee hereby disclaims and waives any and all objections to the physical and other characteristics and conditions of the Property. Licensee acknowledges and agrees that the use of the Property will be on the basis of Licensee's own investigation of the condition of the Property. The license to use the Property is granted on an "AS -IS," "WITH ALL FAULTS" basis, without representation or warranty expressed or implied by City, or by operation of law. City expressly disclaims, which Licensee hereby acknowledges and accepts, any implied warranty of condition or fitness for a particular purpose or use. Licensee's use of the Property shall be subject to the Property being in a usable and safe condition at the time of Licensee's use, and Licensee shall be solely responsible for determining whether the Property is in such condition. In connection therewith, in the event Page 2 of 13 25F-6 that the Property or access thereto is damaged or obstructed, or the use by Licensee is otherwise impaired, prevented or limited, City shall have no obligation or duty to repair the damage or rectify the condition to make the Property usable or safe. 3.2 No Assignment or Sublicense. The permission, rights and privileges granted under this Agreement are nonexclusive and nontransferable. Licensee shall not, either voluntarily or by operation of law, assign, transfer, mortgage or encumber this License or any obligation, right, title or interest assumed by Licensee herein, without the prior written consent of the City, which may be withheld at the sole discretion of the City. Licensee shall not sublicense, or permit, or suffer the Property or any part thereof to be used or occupied by others. If Licensee attempts an assignment or transfer of this License or any obligation, right, title or interest herein, City may at its option, immediately terminate the License and shall thereupon be relieved from any and all obligations to Licensee or to its attempted assignee or transferee. 4. INDEMNITY AND INSURANCE 4.1 Indemnification. Licensee shall indemnify, defend, and hold harmless City, and its respective agents, officers, representatives, employees, subsidiaries and affiliates ("Covered Parties') from and against any and all actions, suits, claims, demands, judgments, losses, expenses, or liabilities, injuries and damages to persons and property, including death, arising out of or related to Licensee's use of the Property, the entry by any Licensee Party on any portion of the Property or surrounding property or Facilities, or Licensee's breach or default in the performance of any of its obligations under this Agreement. If any action or proceeding is brought against any Covered Party by reason of any such claim, Licensee, upon receipt of written notice from Covered Party, shall defend the same at Licensee's sole expense with legal counsel reasonably acceptable to Covered Party. Payment shall not be a condition precedent to recovery under any indemnification in this Agreement, and a finding of liability or an obligation to indemnify shall not be a condition precedent to the duty to defend. The provisions of this Section 4.1 shall survive the termination or expiration of this Agreement. 4.2 Insurance Requirements. 4.2.1 Licensee shall maintain commercial general liability insurance which shall include, but not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Licensee's use of the Property, 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 $2,000,000 per occurrence and $5,000,000 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. 4.2.2 Licensee shall maintain business automobile liability insurance, or equivalent form, with a combined single limit of not less than $5,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. Page 3 of 13 25F-7 4.2.3 Pursuant to state law, Licensee is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of services under this Agreement, Licensee agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. 4.3. Certificates of Insurance; Additional Insured Endorsements. Prior to execution of this Agreement, Licensee shall furnish to City certificates of insurance and, if applicable, additional insured endorsements to each of Licensee's insurance policies, evidencing the foregoing insurance coverages as required by this Agreement. These certificates shall: a. provide the name and policy number of each carrier and policy; b. shall state that the policy is currently in force; and C. shall promise to provide that such policies will not be canceled, suspended, voided, reduced in coverage or in limits, or modified without thirty (30) days prior written notice of City. Licensee shall maintain the foregoing insurance coverages in force throughout the term of this Agreement. City or its representatives shall at all times have the right to demand the original or a copy of all these policies of insurance, which Licensee shall provide within five (5) days of City's request. 5. OBLIGATIONS OF LICENSEE 5.1 Agreement to Protect and Maintain Property. Licensee, on behalf of its Agents and Invitees, agrees to take all prudent action to protect the Property from any damage or injury caused by the exercise of this License. Licensee shall immediately notify City of any damage or injury to the Property caused by its use of the Property. 5.2 City's Right of Suspension, Termination for Noncompliance. City reserves the right to suspend all activities or terminate this Agreement upon Licensee' non-compliance with any of the terms or conditions of this Agreement. Such suspension or termination shall be effective immediately. 5.3 Compliance with Laws; Regulatory Approvals. Licensee shall, at its sole expense, conduct and cause to be conducted all activities on the Property in compliance with all laws, regulations, codes, ordinances and orders of any governmental or other regulatory entity, and whether or not in the contemplation of the parties. 5.4 Approvals and Permits. Licensee shall be responsible for obtaining all approvals, licenses, permits and permissions of Federal, State and local authorities, which may be necessary to implement Licensee's activities on the Property. Licensee agrees and acknowledges that nothing herein is intended, nor shall it be interpreted, to bind the City to issue or grant any permits or entitlements needed to perform any work or improvements specified in this Agreement. 5.5 Environmental Compliance. Licensee shall not permit any dangerous condition or waste to be created on the Property. Licensee shall at all times be in compliance with all federal, Page 4 of 13 25F-8 state and local statutory and regulatory requirements, including but not limited to the US EPA, Cal EPA, State Water Resources Control Board, Department of Toxic Substances Control and South Coast Air Quality Management District, as applicable. 5.6 NPDES Requirements. Licensee shall comply with the requirements of Santa Ana's National Pollutant Discharge Elimination System ("NPDES") permit, and shall utilize the Property in such a manner as to prohibit pollutants from entering the storm drain. Licensee shall not construct, maintain, operate and/or utilize any illicit connection on the Property, nor shall Licensee cause or allow any prohibited discharge from the Property. 5.7 Improvements. Licensee shall not install or make any improvements to the Property, except as provided herein, without the written approval of the City. At no time shall the Licensee install or make permanent improvements of any kind. The Licensee agrees that prior to commencing any approved improvements, it will obtain plan approval from the City's Planning and Building Agency, and that it will obtain all required permits and inspections. Licensee shall be solely responsible for all costs of the installation, operation, maintenance, repair and removal of any approved improvements on the Property. 5.8 Maintenance. Licensee shall maintain the Property in a neat, clean, sanitary and safe condition, to the satisfaction of the City, at the sole cost and expense of the Licensee. The Property shall be maintained in a manner consistent with community standards which will uphold the value of the Property, in accordance with this Agreement, the Santa Ana Municipal Code and all other applicable local, state and federal rules, regulations and standards. 5.9 No Liens. Licensee shall not permit any mechanics', materialmen's or other liens of any kind or nature ("Liens") to be filed or enforced against the Property in connection with this Agreement. Licensee shall indemnify, defend and hold harmless City from all liability for any and all liens, claims and demands, together with costs of defense and reasonable attorneys' fees, arising from any Liens. City reserves the right, at its sole cost and expense, at any time and from time to time, to post and maintain on the Property, or any portion thereof, or on the improvements on the Property, any notices of non -responsibility or other notice as may be desirable to protect City against liability. In addition to, and not as a limitation of City's other rights and remedies under this Agreement, should Licensee fail, within ten (10) days of written request from City, either to discharge any Lien or to bond for any Lien, or to defend, indemnify and hold harmless City from and against any loss, damage, injury, liability or claim arising out of a Lien, then City, at its option, may elect to pay such Lien, or settle or discharge such Lien and any action or judgment related thereto and all costs, expenses and attorneys' fees incurred in doing so shall be paid to City, as applicable, by Licensee upon written demand. 5.10 No Reimbursement or Repayment. Licensee shall not have any interest in the Property other than those granted herein or be entitled to any reimbursement or repayment for any work performed upon the Property pursuant to this Agreement. City shall not be held responsible for loss of or damage to, any personal property left on the Property, or improvements made by Licensee on the Property. Page 5 of 13 25F-9 5.11 Utilities. Licensee shall be solely responsible for the payment of all charges in connection with utility services provided to the Property. "Utility services" shall include without limitation natural gas, water, electricity and sewer. 5.12 No Recording. Licensee shall not record or attempt to record this Agreement. Any attempt by Licensee to record this Agreement shall automatically terminate this License Agreement and render this License void and invalid for all purposes. 5.13 Restoration and Clean UP. At its sole cost, Licensee shall, at the expiration or earlier termination of this Agreement, restore the Property to its original condition in which it existed immediately prior to the Agreement, leave the Property in a neat and clean condition to the sole satisfaction of City, free of trash and debris, and remove all property and materials of Licensee. 5.14 Possessory Interest. Licensee hereby recognizes and understands that this License Agreement may create a possessory interest subject to property taxation and that Licensee may be subject to the payment of property taxes levied on such interest. Any such imposition of a possessory interest tax shall be a tax liability of Licensee solely, and shall be paid for by the Licensee; and any such tax payment shall not reduce any payments due City hereunder. In addition, Licensee shall pay any personal property taxes that may become due for equipment fixtures, inventory, or other personal property installed, maintained or present on the Property. 6. MISCELLANEOUS TERMS 6.1 Notices. Demands and Communications between the Parties. 6.1.1 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 LICENSEE: TO CITY: Dyer Business Park, LLC Public Works Agency Jon Marchiorlatti City of Santa Ana 130 Vantis, Suite 200 Administrative Services Manager Aliso Viejo, CA 92656 20 Civic Center Plaza (M-21) Santa Ana, California 92701 MW City of Santa Ana Clerk of Council 20 Civic Center Plaza Santa Ana, California 92701 Page 6 of 13 25F-10 6.1.2 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. 6.2 Amendment. This Agreement may be amended only by the mutual consent of the Parties by an instrument in writing signed by both Parties. 6.3 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. 6.4 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 6.5 Time of the Essence. For each provision of this Agreement which states a specific amount of time within which the requirements thereof are to be satisfied, time shall be deemed of the essence. 6.6 Governing Law and Venue. This Agreement shall be governed by the laws of the State of California without regard to conflicts of laws principles. Any litigation or other legal proceedings which arise under or in connection with this Agreement shall be conducted in a federal or state court located within Orange County, California. The Parties consent to the personal jurisdiction and venue in federal or state court located within the County of Orange, California and hereby waive any defenses or objections thereto, including defenses based on the doctrine of forum non conveniens. 6.7 Litigation Expenses. If either party to this Agreement commences an action against the other party to this Agreement arising out of or in connection with this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing party. 6.8 References: Captions. Any term referencing time, days or period for performance shall be deemed calendar days and not work days, except as otherwise specified in this Agreement. All references to City include all officials, officers, employees, personnel, and agents of City, except as otherwise specified in this Agreement. All references to Licensee include its officials, officers, employees, personnel, agents, volunteers, contractors and subcontractors, except as otherwise specified in this Agreement. The captions of the various articles and paragraphs in this Agreement are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 6.9 Waiver. No delay or omission in the exercise of any right or remedy of a non - defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Either Parties' consent or approval of any act by the other Party requiring its consent or approval Page 7 of 13 25F-11 shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent act of the other Patty. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 6.10 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Patty. All warranties and promises to indemnify shall survive the termination, abandonment, or completion of this Agreement. 6.11 Severability. In'the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of court of competentjurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder. 6.12 Authorized Representatives. The person or persons executing this Agreement on behalf Licensee and City warrants and represents that he/she has the authority to execute this Agreement on behalf of that Party and that he/she has the authority to bind that Patty to the performance of its obligations hereunder. 6.13 Entire Agreement. This Agreement constitutes the entire and integrated agreement of Licensee and City with respect to the subject matter hereof and supersedes any and all prior and contemporaneous oral or written negotiations, representations or agreements. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first written above. ATTEST: CITY OF SANTA ANA NORMA MITRE KRISTINE RIDGE Acting Clerk of the Council City Manager APPROVED AS TO FORM: DYE7.117 NEPARK, LLC SONIA R. CARVALHO City Attorney By: —j�fl1� �. 1� �V V JOI1 M. FUNK NAME: etirey G. Cunning Assistant City Attorney TITLE: Assistant Secrete Page 8 of 13 25F-12 FOR APPROVAL: MAD Sj SWEISS, PE, PLS Executivt Director Public nrks Agency Page 9 of 13 25F-13 EXHIBIT A (PROPERTY DESCRIPTION) The subject property consists of a portion of dedicated unimproved Alton Avenue, which extends from Standard Avenue to the Newport Costa Mesa (State Route 55) Freeway right-of-way, within the City of Santa Ana. The site has a relatively long and narrow land configuration with 86,626 square feet of land area. The net usable land area, exclusive of that portion which lies within an unimproved flood channel, is estimated at 66,546 square feet. While the site is not located in a specific zone district, properties immediately surrounding the site are zoned for industrial use. TOTAL AREA - 86,626 S.F. C - tT-10'13' R - 1.275.00' L - 382.09' 325.68' T - 192.49' 585.25'4--W v _ e u - -- .. I 'm � N88.24'06'M -.- -—.__.___.__ _ I—qLA__. « - - ! y e4 ri p ,ry r QI � roa 5821I3 57"6 _ I i Q I @ ul 60 ,Wi QI n - 14'3'58' nrr PCL1 - R - 1.125.00• o�y7 W I R® 4417 :' L - 276. 19' P 178.79' ro i i 2r I I r r I ; Page 10 of 13 25F-14 Planning and Building Agoncy Planning Division 20 Civic Cantor Piarn P.O. Box 1955 IM-20) Santa Ana, CA92702 1714)647.5804 www.aantaana.org M1 (LIGHT INDUSTRIAL) Sec. 41.471. Applicability of division. Mt (light industrial) districts are specifically subject to the regulations contained in this division. Sec. 41.472. Uses permitted in the Mt district. The following uses are permitted In the Mt district: (a) The compounding, processing, or treatment of raw or previously treated materials into a finished or semi -finished product, excluding those uses speed In section 41489.5. (b) The manufacture of products from raw or previously treated materials, excluding those uses specified in section 41489.5. (c) The assembly of products from raw or previously treated materials, excluding those uses specified in section 41 AN.& (d) The packaging or distribution of previously prepared products or materials, excluding those uses specified fn section 41489.5. (a) Wholesale establishments where the primary trade is business to business sale of products, supplies, and equipment. (f) Storage of previously prepared goods, products or materials for eventual distribution or sales where the goods, products or materials are the property of the owner or operator of the building or structure. (g) Machine shop or other metal working shops. (h) Warehousing. (i) Impound yards (storage only) with no office or dispatching operations. 0) Laundry and dry cleaning establishments in conjunction with plant operation for such establishment on the premises. (k) Eating establishments not specified in section 41-472.5. (1) Research laboratories that do not generate hazardous waste materials. (m) Service stations with no more than two thousand (2,000) square feel of the gross floor area devoted to non -automotive related product sales. (n) Truck, boat and heavy equipment sales, rental, and service. Page 1 or to =12 Page 11 of 13 25F-15 (o) Movie, photography, musical or video production studios. (p) Bulk products sales (twenty-five (25) cubic feet or greater) when such products are the primary sales activity. (q) Pubic utility structures. (r) Blueprinting, photoengraving, screen printing and other reproduction processes. (s) Wholesale nursery and plant storage. (t) Contractor's yard. (u) Automotive repair and service, Including body and fender repair, painting, and engine replacement (v) Home Improvement warehouse store. (w) Sales of industrial products, supplies and equipment used for final product manufacture. (x) Lumberyard, including mill and sash work it conducted entirely within an enclosed building. (y) Recycling facilities not in excess of forty-five thousand (45.000) gross square feet and In compliance with section 41-1253 of this Code Including: (1) Small collection facilities. (2) Large collection facilities. (3) Light processing facilities. (z) Adult entertainment businesses, subject to compliance with the requirements of article XVII of this chapter. (aa) Storage and distribution of hazardous materials. (bb) Passenger transportation services. (Code 1952, § 9230.281; Ord. No. NS-455, § 1, 6-20-60; Ord. No. NS- 976; § 1, 8-18-69; Ord. No. NS-996; § 1, 12-15-69; Ord. No. NS-1035; § 5, 9-8-70; Ord. No. NS-1036, § 7, 9-8-70; Ord. No. NS-1080, § 3, 5- 17-71; Ord. No. NS-1123, § 7, 7-17-72; Ord. No. NS-1275. § 2,10-7- 74; Ord. No. NS-1352; § 2, 4-4-77; Ord. No. NS-1507, § 7 11-19-79; Ord. No. NS-1732, § 41, 6-25-84; Ord. No. NS-1748, § 1, 10-1-84; Ord. No. NS-1834, § 1, 2-3-86; Ord. No. NS-1934, § 1, 11-16-87; Ord. No. NS-2275, § 8, 12-18-95; Ord. No. NS-2306, § 1, 12-2-96; Ord. No. NS-2333, § 1, 10-6-97; Ord. No. NS-2373; § 7, 12-7-98; Ord. No. Peg.2 d 19 =1mNGT,M1 6Lti Page 12 of 13 25F-16 NS-2443, § 2, 9-18.00; Ord. No. NS-2470; § 5, 5-21-01; Ord. No. NS- 2494, § 8, 4-15-02) Sec.41-472.1. Ancillary uses permitted In the Mt district. The following uses are permitted when ancillary to any use permitted by section 41 A72 or to any use permitted subject to a conditional use permit: mi'mo-hMNl 0]!1x (1) Administrative office use occupying up to thirty (30) percent of the gross floor area; (2) Product sales or service uses occupying up to five (5) percent of the gross floor area; (3) Child rare facilities occupying up to thirty (30) percent of the gross floor area; provided, however, that no combination of uses permitted by this section shall exceed thirty (30) percent of the gross floor area. (4) The outside storage of Class I and Class II liquids (as defined In the fire code of the City of Santa Ana) In above -ground fired storage tanks when property screened pursuant to section 41-622 of the Code, as it may be amended from time to time. As used herein, 'tank' means a vessel containing more than sixty (60) gallons. (5) Enclosed storage where the goods, materials or supplies stored are the property of the owner or operator of the building or structure occupying up to thirty (30) percent Pago 3 d le Page 13 of 13 25F-17 25F-18 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: APPROVE FIRST AMENDMENT TO AGREEMENT WITH LIEBERT CASSIDY WHITMORE (A-2019-039) INCREASING CONTRACT COST BY $10,000; AGGREGATE COST IS $120,000 (STRATEGIC PLAN NO. 7; 4, 6, & 7) CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on 151 Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER —CITY MANAGER RECOMMENDED ACTION Authorize the City Manager and Clerk of the Council to execute a first amendment to the agreement entered into on March 5, 2019 between the City of Santa Ana and Liebert Cassidy Whitmore (LCW) for special legal counsel services for labor contract negotiation assistance and legal consultation services. This first amendment reflects a change in the Liebert Cassidy Whitmore (LCW) Partner hourly billing rate from $350 per hour to $370 per hour effective July 1, 2019, and adds $10,000 to the not to exceed amount of the agreement (A-2019-039) for a total aggregate amount of $120,000 to cover the costs associated with the increased rates; subject to non -substantive changes approved by the City Manager and City Attorney. The General Fund will pay for the additional $10,000. DISCUSSION Pursuant to Agreement No. 2019-039, the Human Resources Department entered into a special legal counsel services Agreement with LCW for labor contract negotiation assistance and legal consultation services on March 5, 2019 in the amount of $110,000 and covered the period of January 1, 2019 through December 31, 2019. On March 21, 2019, LCW informed the City that their Partner hourly billing rate will be increasing from $350 per hour to $370 per hour effective July 1, 2019. An amendment to the original agreement is necessary to document the correct hourly billing rate effective July 1, 2019. The additional $10,000 will help cover the cost of the increased hourly billing rate through the end of the Agreement. This amendment will ensure that LCW will be able to continue to serve as the City's chief negotiator and provide labor relations continuity with the union groups. 25G-1 Liebert Cassidy Whitmore Amendment May 21, 2019 Page 2 The City of Santa Ana has contracted with LCW in the past to assist and advise on various personnel and labor law matters. Based on the ongoing working relationship between the City and this firm, staff is recommending continued utilization of the firm's services. LCW has extensive experience working with public sector clientele throughout the state and has a staff of over 40 partners and associates in their Los Angeles office. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #7 — Team Santa Ana, Objective #4, Establish employee compensation that attracts and retains a highly qualified workforce, objective #6, Provide a positive workplace environment that supports the health of its employees and celebrates its success, and objective #7 Develop a culture of motivated and innovative leaders in the organization. FISCAL IMPACT Funds will be budgeted and made available in the Human Resources Department Contract Services — Professional account (No. 01109050-62300). The total aggregate amount is $120,000 which includgs the $10,000.00 that will be budgeted for FY 2019-20. APPROVED AS TO FUNDS AND ACCOUNTS: Z:�J O-V xz�- " Steven V. P m Kathryn Downs, CPA Executive Director Executive Director Human Resources Department Finance and Management Services Agency Exhibits: 1. Agreement for Legal Services with Liebert Cassidy Whitmore (A-2019-039) 2. First Amendment to Agreement for Legal Services with Liebert Cassidy Whitmore 25G-2 INSURANCE NOT ON FILE WORK MAY NOT PROCEED CLERK OF COUNCIL ig f , DATE: 0S a—`� THIS AGREEMENT is made and entered into this 5th day of March, 2019, by and between Liebert Cassidy Whitmore, a Professional Law Corporation ('Attomeys") 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"), A-2019-039 EXHIBIT 1 APR 11 2019 RECITALS LEGAL SERVICES AGREEMENT WITH LIEBERT CASSIDY WHITMORE A. The City desires to employ Attorneys to assist the City in its labor negotiations. Legal services will include but are not limited to providing legal advice, drafting of Memorandums of Understanding, researching legal issues, attending labor negotiation meetings, and providing negotiation services to the City. B. Attorneys represent that they are licensed to practice law in the State of California, have special experience and knowledge in the fields of employment and labor law matters, in particular public agency labor negotiations and desire to undertake said services. 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 Attorneys will assist and advise the Executive Director of Human Resources Department in transactional and negotiation services related to the City's tabor negotiations with any and all City labor organizations when and as requested by the Executive Director of Human Resources. Attorneys accept said retention and agree to perform, in a timely and efficient manner all such services as may be requested by the City. Attorneys shall confinn their acceptance of work requested by the City in writing by e-mail or letter, 2. COMPENSATION a. City shall compensate Attorneys based on actual amount of time spent in performing the services including for reasonable travel time. Partners will be billed at the rate of $350 an hour. Time will be billed in 1/10111 of an hour increments. Attorneys will submit a monthly statement, specifying the services performed, dates and number of hours and itemization of expenses related thereto. b. The total sum to be expended under this Agreement shall not exceed $1101,000 during the term of this Agreement. Up to $1;0;000=of the funds will be used to pay outstanding invoices from the previous agreement between the parties for legal services for labor negotiations set forth in City Agreement # 2017-357 dated December 19, 2017. 25G-3 C. . City agrees to reimburse Attorneys for out-of-pocket expenses, including but not limited to, copying costs, service of process, and mail services authorized by the Executive Director of Human Resources in connection with the performance of duties under this Agreement. In-house printing, copying, and reproduction charges will be reimbursed at the rate of 20 cents per page. Any costs in excess of $5,000 requires the approval of the Executive Director of Human Resources prior to incurring the expense. All expenses must have supporting documentation submitted with the invoice. d. 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 the City. 3. CONTROL OF LEGAL MATTERS Attorneys agree that each and every matter or proceeding in which they undertake to assist the City, as aforesaid, shall be and remain under, and subject to the control and direction of said City at all stages, and that they shall at all times keep the Executive Director of Human Resources and the City Attorney informed of all matters pertaining thereto. City will keep Attorneys informed of all significant developments in matters related to any representation undertaken by Attorneys. Attorneys further agree, if and when their employment hereunder is terminated by City, as hereinafter specified, they shall return to the Executive Director of Human Resources and/or the City Attorney any and all files then in their possession concerning each and every matter or proceeding in which they represented the City pursuant to this Agreement. 4. TERM This Agreement shall commence on January 1, 2019 and terminate on December 31, 2019, unless terminated earlier pursuant to Section 13, below. The term of this Agreement may be extended upon a writing executed by the City Manager and the City Attorney for up to one (1) year. 5. INDEPENDENT CONTRACTOR Attorneys shall, during the entire term of this Agreement, be construed to be independent contractors and not an employee of the City. This Agreement is not intended nor shall it he 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 Attorneys perform the services which are the subject matter of this Agreement; however, the services to be provided by Attorneys shall be provided in a manner consistent with all applicable standards and regulations governing such services, Attorneys shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to its employees and shall be responsible for all applicable withholding taxes. 25G-4 6. INSURANCE Prior to undertaking performance of work under this Agreement, Attorneys shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Attorneys shall maintain commercial general liability insurance which shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Attorneys' operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall (a) name the City, its officers, employees, agents, volunteers and representatives as additional insured(s); and (b) be primary and not contributory with respect to insurance or self-insurance programs maintained by the City. b. Worker's Compensation Insurance. In accordance with California State law, Attorneys, if Attorneys have any employees, are 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, Attorneys agree to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. C. Professional Liability, Attorneys shall provide to the City Attorney proof of Professional Liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim, and maintain such insurance throughout the term of this Agreement. If Attorneys fail or refuse to produce and maintain the insurance required by this section, or fail or refuse 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 Attorneys' right to be paid for its time and materials expended prior to notification of termination. d. The following requirements apply to the insurance to be provided by Attorneys pursuant to this section: (i) Attorneys shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City. (ii) 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. 25G-5 e. If Attorneys fail or refuse to produce or maintain the insurance required by this section or fail or refuse 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 termination shall not affect Attorneys' rights to be paid for its time and materials expended prior to notification of termination. Attorneys waive the right to receive compensation and agree to indemnify the City for any work performed prior to approval of insurance by the City. INDEMNIFICATION Attorneys agree to and shall indemnify and hold harmless the City, its officers, agents, employees, and representatives from liability for personal injury, malpractice, damages, restitution, judicial or equitable relief to the extent caused by Attorneys' negligent or wrongful performance or conduct related to this Agreement. B. CONFIDENTIALITY All information and documents shared with Attorneys, as well as all work performed by Attorneys in connection with this Agreement, should be treated as strictly confidential. Moreover, all communications between Attorneys and City shall be treated as protected by the attorney -client privilege and the attorney work product doctrine. Accordingly, information received by Attorneys from City should be kept in a secure place, and no information about this work may be disclosed to any third party without City's prior written approval. Attorneys shall provide materials directly to the Executive Director of Human Resources and the City Attorney, or selected members of his/her offices, as directed by the City Attorney and the Executive Director of Human Resources. All such information and any written product in connection with Attorneys' retention under this Agreement, shall be marked as "PRIVILEGED AND CONFIDENTIAL / ATTORNEY -WORK PRODUCT" and shall be the property of the City, and shall be returned/provided to the City with all copies upon the request of the City Attorney or Executive Director of Human Resources. Confidential information disclosed to either party by any subsidiary and/or agent of the otherparty 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 Attorneys, disclosed in a publicly available source; (c) is in rightful possession of the Attorneys without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Attorneys without reference to information disclosed by the City. 9. CONFLICT OF INTEREST CLAUSE Attorneys covenant 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 or which would constitute a violation of the Rules of Professional Conduct. 10. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by 25G-6 first class or certified mail, postage prepaid, or sent by facsimile 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, California 92702.1988 Facsimile (714) 647-6956 Copies to: Executive Director Hmnan Resources City of Santa Ana 20 Civic Center Plaza P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6930 City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702-1988 Facsimile (714) 647-6515 To Consultant: Liebert Cassidy Whitmore 6033 W. Century Blvd., 5"' Floor Los Angeles, CA 90045 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 facsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 11. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Attorneys 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 and will serve to fully supersede existing Agreement. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Attorneys. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent 25G-7 with, or in addition to, that terms or conditions hereof, shall not bind or obligate Attorneys 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. 12, ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Attorneys, Attorneys 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. 13. TERMINATION This Agreement may be terminated by the City with thirty (30) days written notice of termination to the Consultant. a. As a condition of such payment, the City may require Attorneys to deliver to the City all the 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 Attorneys consent 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 mect the standard of performance specified in the Recitals of this Agreement. 14. NON-DISCRIMINATION Attorneys shall not discriminate because of race, color, creed, relation, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities or any activities under this Agreement. Attorneys affirm that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 15. JURISDICITON -VENUE 11iis 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. 25G-8 16, PROFESSIONAL LICENSES Attorneys 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. Attorneys shall notify the City immediately and in writing of the 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 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 tenns 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written, 'U k`T_¢'� 1 O APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By, � Q4�.`lfA.� k . i LV1A Laura A. Rossini Senior Assistgnt City Attorney STEVEN V 1 fUAM, Extoutive Director Human Resources CITY OF SANTA ANA STEVEN MENDOZA �— Acting City Manager CASSIDY WHITMORE, PLC avtacpi.1)I n ✓n 25G-9 25G-10 EXHIBIT 2 FIRST AMENDMENT TO AGREEMENT FOR LEGAL SERVICES WITH LIEBERT CASSIDY WHITMORE THIS FIRST AMENDMENT to the above -referenced agreement is entered into May 21, 2019 by and between Liebert Cassidy Whitmore, a Professional Law Corporation (hereinafter "Attorneys"), 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 parties entered into Agreement #2019-039 dated March 5, 2019 ("Agreement"), by which Consultant agreed to provide City with assistance with labor negotiations including providing legal advice, drafting of Memorandum of Understanding, researching legal issues, attending labor negotiation meetings and providing negotiation services to the City. B. Attorneys have advised that their hourly billing rates were raised and effective July 1, 2019, they will be implementing those rates. As a result, the parties agree to amend the current Agreement for legal services to reflect Attorneys' new rates effective July 1, 2019 and to add $10,000 to the not to exceed amount of the Agreement to cover the costs associated with the increased rates. Now, therefore, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: 1. Section 2a, Compensation, is amended to change the hourly billing rate for Partners from $350 an hour to $370 an hour effective July 1, 2019. 2. Section 2b, Compensation, is amended to increase the not to exceed amount of the Agreement from " $ i; bOO td'$120,000 3. ExcepP as hereinabove modified, all terms and conditions of said 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 NORMA MITRE Acting Clerk of the Council [Signatures continue on the next page] KRISTINE RIDGE City Manager 25G-11 APPROVED AS TO FORNI SONIA R. CARVALHO City Attorney By:1Ct9�2rlll a Laura A. Rossini Senior Assistant City Attorney FOR APPROVAL: Executive DirVtor of Human Resources CASSIDY WHITMORE, APLC (Name) (Title) 25G-12 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 7, 2019 TITLE: APPROVE A DENSITY BONUS AGREEMENT TO ALLOW A 552 UNIT AFFORDABLE RENTAL PROJECT AT 2110, 2114, AND 2020 EAST FIRST STREET (STRATEGIC PLAN NOS. 3, 2; 5,3) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: •rnek ❑ As Recommended ❑ As Amended ❑ Ordinance on 1sl Reading ❑ Ordinance on 2o° Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO MAY 21 2019 FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a Density Bonus Agreement with Santa Ana Pacific Associates, and Santa Ana Pacific Associates II, or assigns, for a 55-year term, for the development of a 552-unit affordable rental project at 2110, 2114, and 2020 East First Street, subject to non -substantive changes approved by the City Manager and City Attorney. PLANNING COMMISSION ACTION At a Special Meeting on June 4, 2018, the Planning Commission recommended approval of the Density Bonus Agreement No. 2017-02 by City Council as conditioned, to allow construction of a 552-unit affordable rental residential community at 2110, 2114, and 2020 East First Street located in the Metro East Mixed Use Overlay District (OZ-1). Planning Commission approved the recommended action by a vote of 4:1 (Bacerra opposed). The Pacific Companies in partnership with Jamboree Housing ("Developer") is seeking to develop a 552-unit affordable housing project at 2110, 2114 and 2020 East First Street ("Project"). In order to do so, they have requested specific concessions permissible under California Density Bonus Law and the City's Housing Opportunity Ordinance. While the Density Bonus Law is not going to increase the number of units that they can actually build, the concessions will allow the Developer to build the proposed number of units. The Developer is seeking approval of this Density Bonus Agreement in order to receive their building permit and move forward on their Project. Specifically, the California Density Bonus Law allows developers to seek increases in allowed zoning density by providing additional affordable housing units on -site. To make development of on -site affordable housing units feasible, the law allows developers to request incentives or waivers, which are essentially variances from development standards. Specifically, the developer requested the following concessions: 60A-1 Density Bonus Agreement for 2110, 2114, and 2020 East First Street May 7, 2019 Page 2 Standard Required by the MEMU Provided Stories Minimum 3, no maximum 6 Minimum Site Area 1 acre 6.89 acres Permitted Frontage Forecourt, shopfront, gallery, or Shopfront, with plaza on First Street arcade as permitted by MEMU Publicly Accessible Open Space 15 percent of total lot area Less than 2 percent — Requires Concession (1 of 3), Cal. Gov't Code Sec. 65915 d 1 Private/Common Open Space 100 square feet per unit 104 square feet per unit Building Setbacks 0-20 feet (front), 0-10 feet (side), 100 6 (front), 6-40 (side), 45 (rear) — feet (rear) Requires Concession (2 of 3), Cal. Gov't Code Sec. 65915 d 1 Residential Parking 2 spaces per unit overall — every unit 1.03 spaces per unit — Requires must be allocated at least 1 space Concession (3 of 3), Cal. Gov't Code Sec. 65915 d 1 Courtyard height -to -width ratios 2 to 1 (enclosed on four sides), 3 to Complies; various ratios in excess of 1 (open on one or more sides 2 to 1 and 3 to 1 provided Driveway width 24 feet maximum 38-46 feet — Requires Waiver, Cal. Gov't Code Sec. 65915 e 1 Building Massing A variety of massing, volume, and Complies; the building features a step -backs are required to increase step -back along First Street and building articulation breaks in volume to reduce massing The first version of the Density Bonus Law was adopted in 1979 and has been amended from time to time. In early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to justify a density bonus and places the burden on local granting authorities to prove that the requested incentives/waivers are not financially warranted. The California Density Bonus Law applies to projects proposing five or more residential units and grants density bonuses to those projects meeting certain requirements for affordability levels and types of housing (family, veterans, etc.). Pursuant to State law and the City's Housing Opportunity Ordinance, rental units in such developments that are designated "affordable" must remain so for at least 55 years. For affordable housing projects, a developer may seek a density bonus up to 20 percent from base density. In addition, the City's Housing Opportunity Ordinance (HOO), last updated in November 2015, augments the California Density Bonus Law by allowing a developer to seek an additional 35 percent density bonus calculated from base density (SAMC Sect. 41- 1904.1). A summary of the project's proposed density calculation is provided below: Project Density Calculation Density or Bonus Allowed for Project Provided 620 units (6.89 acres x 90 units/acre base density used as a standard for Base Density developments in areas designated 552 units DC by the General Plan Land Use element 35-Percent State Density Bonus +217 units 620 x 0.35 0 35-Percent Bonus Provided by the +217 units (620 x 0.35) 0 Housing O ortunit Ordinance Total Units 1054 units maximum 552 units proposed 60A-2 Density Bonus Agreement for 2110, 2114, and 2020 East First Street May 7, 2019 Page 3 Although the Project is proposing a total number of units (552) that is below the maximum City - prescribed density for the Project site based on its acreage (620 units), the developer is able to seek up to three (3) density bonus concessions and a waiver because it is a 100-percent affordable Project. The three (3) requested concessions and the waiver are permitted by State Density Bonus Law. Specifically, the developer is seeking concessions allowed pursuant to Government Code section 65915(d)(1) as listed above pertaining to: publicly accessible open space; building setbacks; and, residential parking; as well as a waiver allowed pursuant to Government Code section 65915(e)(1) pertaining to driveway width. In order to receive these three (3) density bonus concessions and a waiver, the Developer has agreed to restrict all units in the Project, except for five (5) manager's units, to eligible low- and very low-income households. Based on the above calculations, the proposed Project complies with both the California Density Bonus Law and the City's Housing Opportunity Ordinance. As such, a Density Bonus Agreement has been prepared (Exhibit 1). The Developer has paid the City's Density Bonus Setup fee in the amount of $82,084.05 to prepare this agreement. The Planning Commission Staff Report from June 4, 2018 provides much more detailed information regarding the requested incentives/concessions (Exhibit 2). Key Items in the Density Bonus Agreement The following is a list of key items agreed upon in the Density Bonus Agreement: • The Project shall have no less than five -hundred and fifty-two (552) units which shall be comprised of twenty-seven (27) one -bedroom units, and two -hundred and thirty-nine (239) two -bedroom units, and one -hundred and forty-six (146) three -bedroom units, and one - hundred and forty (140) four -bedroom units, of which five (5) unrestricted units (i.e. manager's unit) with unit sizes as may be determined by the Developer. The affordable units shall be restricted to use and occupancy by eligible households for a total period of no less than fifty-five (55) years including: o No less than fifty-six (56) affordable units in the Project shall at all times during the term of the Agreement be rented to very low income tenants at 50% Area Median Income (AMI); and o No less than four -hundred ninety-one (491) affordable units in the Project shall at all times during the term of the Agreement be rented to low income tenants at 60% Area Median Income. • Affordable Rent Schedule. The affordable rents shall be determined by the regulatory agreements entered into between the Developer and the California Tax Credit Allocation Committee (CTCAC) and the California Debt Limit Allocation Committee (CDLAC) governing the Project. • Maintenance. The Owner shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner. If at any time the Developer fails to maintain the Project then the City shall have the right to enter upon the applicable portion of the Project and perform all acts and work necessary to protect, maintain, and preserve the Project, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such work. • Maintenance Agreement. Developer shall execute a Maintenance Agreement with the City which shall be recorded against the property prior to occupancy. 60A-3 Density Bonus Agreement for 2110, 2114, and 2020 East First Street May 7, 2019 Page 4 • Marketing Program. Developer shall prepare and obtain City's approval a marketing program for the leasing of the units at the Project prior to occupancy. • Management Plan. Developer shall submit a "Management Plan" to the City which sets forth in detail Developers property management duties, a tenant selection process in accordance with the Agreement, a security system and crime prevention program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules and regulations for the Property and manner of enforcement, a standard lease form, an operating budget, the identity and emergency contact information of the professional property management company to be contracted with to provide 24-hour onsite property management services at the Property ("Property Manager'), and other matters relevant to the management of the Property. • Selection of Tenants. The Developer shall give preference in leasing units to households that live and/or work in the City of Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. Implementation of the preference will be monitored by staff in the Community Development Agency. • Monitoring. Owner agrees to pay a reasonable fee for the City's obligation to monitor Owners compliance with the affordability restrictions contained in the Agreement. • Application and Financial Preparedness. Developer shall submit for review and approval, a booklet to inform interested persons regarding minimum application and eligibility requirements and to assist interested persons with application and financial preparedness and eligibility for residency at the Project at the initial leasing of the units. Developer shall also hold a minimum of two workshops to be coordinated by the Developer at least 12 months prior to the initial leasing of the units. • Onsite Supportive Services, Programs and Amenities. Throughout the term of the Agreement, Developer shall provide residents of the Project access to discounted or no - cost onsite supportive services, programming, and amenities that promote independent living and include but is not limited to: health and wellness services, transportation services, social activities, and physical or recreational amenities. • Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. In recognition of the City's desire to optimize the energy efficiency of the Project, Developer agrees to consult with the Project design team, a CABEC certified 2016 Certified Energy Analyst, a LEED AP Homes (low-rise and mid -rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the Project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures beyond those required by the TCAC minimum construction standards. • Crime Free Housing. Developer shall work with City staff to develop a crime free housing policy, procedure, and design plan. • Onsite Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take appropriate measures to manage the parking 60A-4 Density Bonus Agreement for 2110, 2114, and 2020 East First Street May 7, 2019 Page 5 demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. As part of the Parking Management Plan, Developer must implement a parking shuttle and/or valet service. Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the Planning and Building Agency for a Parking Management Plan. The Density Bonus Agreement has been signed by the Developer to acknowledge their acceptance of the terms. The Agreement is not considered final until the City Council has reviewed and approved the Agreement and the Agreement is executed by all parties. Project Description The Project includes demolition of two commercial buildings and construction of an affordable rental family -oriented mixed -use community with 10,000 square feet of leasable commercial space. The Project will contain two structures consisting of a ground -level parking area and five levels of residential above. The original addresses of the two commercial buildings that were demolished were 2110 and 2114 East First Street. The adjacent office building at 2020 East First Street was included in the public noticing. Once constructed, the two new structures will receive new addresses. 2110 will become 2112 East First Street, and 2114 will become 2116 East First Street. The new development does not alter or affect the existing office building located at 2020 East First Street. Although not part of the current entitlement, the applicant has submitted a tentative parcel map application to subdivide the Project site forfinancing purposes in orderto facilitate construction of both buildings. The tentative parcel map application will require review and action by the City's Zoning Administrator. A total of 552 affordable rental units will be provided on the Project site. The project will include one -bedroom units (27), two -bedroom units (239), three -bedroom units (146), and four -bedroom units (140) ranging in size from 610 to 1,266 square feet. All units will contain full kitchens, bedrooms, bathrooms, in -unit storage, and open/common (living) areas. A total of 566 resident and guest parking spaces will be provided in an at -grade parking area beneath the residential levels, as well as 50 parking spaces for the commercial component and 4 spaces for the leasing office and the development's employees. As proposed, the Project requires approval of a waiver from the Metro East Mixed Use (MEMU) overlay district's development standards and concession of the California Government Code Section 65915 (d)(1) for the total number of residential parking spaces per unit. Two (2.0) spaces per unit overall are required by the MEMU and 1.03 spaces per unit are provided. Constructing 2.0 parking spaces per residential unit on the Project site would require the developer to construct an additional level of parking either above- or below -grade resulting in increased construction costs and/or a loss of an entire level of residential units. The potential impacts to the Project and neighborhood resulting from the reduced parking will be mitigated by the inclusion of a parking shuttle and/or valet service on site. The concession for onsite parking was included in the Site Plan Review No. 2017-09 approved by the Planning Commission as conditioned. The Planning Commission Staff Report from June 4, 2018 provides detailed information regarding this concession. The approval of the Density Bonus Agreement is in compliance with Section 41-1600 and Section 41-1904.1, et seq., of the Santa Ana Municipal Code, and Section 65915, et seq., of the California 60A-5 Density Bonus Agreement for 2110, 2114, and 2020 East First Street May 7, 2019 Page 6 Government Code. However, the approval of the Density Bonus Agreement shall not be construed as approval of the financing requested by the Developer for the Project and does not bind the city in any form to provide future funding for the development of the 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), Objective # 5 (leverage private investment that results in tax base expansion and job creation citywide) and 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). FISCAL IMPACT There is no fiscal impact associated with this action. Steven A. Mendoza Executive Director Community Development Agency O - Minh Thai Executive Director Planning and Building Agency Exhibits: 1. Density Bonus Agreement 2. Planning Commission Staff Report from June 4, 2018 EXHIBIT 1 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: City of Santa Ana Clerk of the Council 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, California 92702 Attention: Clerk of the Council Free Recording pursuant to Government Code 27383 DENSITY BONUS HOUSING AGREEMENT This DENSITY BONUS HOUSING AGREEMENT ("Agreement"), made and entered into this 16a' day of April, 2019 ("Effective Date"), by and between the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"), and Santa Ana Pacific Associates, A California Limited Partnership, a California limited partnership, and Santa Ana Pacific Associates II, A California Limited Partnership, a California limited partnership (collectively, "Developer"). City and Developer are sometimes referred to collectively as the "Parties" and individually as a "Party." RECITALS A. Developer is the leasehold owner of certain property located within the City of Santa Ana, County of Orange, State of California, commonly known as 2110, 2114, and 2020 East First Street, Santa Ana, California, and legally described as set forth in Exhibit A attached hereto and incorporated herein by this reference as if set forth in full ("Property"). B. Developer is proposing to develop an affordable rental family -oriented mixed use commercial and residential community consisting of 9,998 square feet of leasable commercial area and five -hundred and fifty-two (552) residential units on the Property as more particularly set forth in Density Bonus Application No. 2017-02 and Site Plan Review No. 2017-09 ("Project"). C. Santa Ana Municipal Code sections 41-1600, et seq. ("City Density Bonus for Affordable Housing"), and California Government Code sections 65915, et seq. ("State Density Bonus Law"), set forth a process to provide increased residential densities to property owners who guarantee that a portion of their residential development will be available to low income, very low- income, or senior (also known as "qualified") households. These regulations are intended to materially assist the housing industry in providing adequate and affordable housing for all economic segments of the community and to provide a balance of housing opportunities for very low-income, low income and senior households throughout the city. D. Although the Project is proposing a total number of units (552) that is below the maximum City -prescribed density for the Project site based on its acreage (620), the Developer is able to seek up to three (3) density bonus concessions and a waiver because it is a 100-percent 60A-7 affordable Project. The three (3) requested concessions and the waiver are permitted by State Density Bonus Law. Specifically, Developer is seeking concessions allowed pursuant to Government Code section 65915(d)(1) pertaining to: publicly accessible open space; building setbacks; and, residential parking; as well as a waiver allowed pursuant to Government Code section 65915(e)(1) pertaining to driveway width. E. For the purpose of implementing State Density Bonus Law, City Density Bonus for Affordable Housing, and City Housing Opportunity Ordinance concessions in response to Developer's request for three (3) density bonus concessions and a waiver, Developer has agreed to restrict all Units in the Project, except for five (5) manager's units, to Eligible Households, which includes Very Low Income and Low Income Tenants. F. The Project complies with the affordable housing requirements set forth in the State Density Bonus Law, City Density Bonus for Affordable Housing, and City Housing Opportunity Ordinance. For purposes of this Agreement, the Project shall be the "housing development" as defined in the State Density Bonus Law. G. In light of the purpose of the State Density Bonus law, City Density Bonus for Affordable Housing, and City Housing Opportunity Ordinance, and the express provisions of Government Code section 65915(n), as well as Santa Ana Municipal Code section 41-1904.1, the City has determined to grant Developer's application for density bonuses and related concessions and incentives. H. This Agreement, and the exhibits attached hereto and incorporated herein by reference, is intended to set forth the terms and conditions for the implementation of the Project's requirement to provide affordable housing units in exchange for receiving the Density Bonus concessions and incentives set forth herein. 1. The Developer has paid the City's Density Bonus Setup fee in the amount of $82,084.05. NOW, THEREFORE, in consideration of the above recitals, which are incorporated herein by this reference, and of the mutual covenants contained and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS AND EXHIBITS 1.1 Defmitions. In addition to the terms that may be defined elsewhere in this Agreement, the following terms when used in this Agreement shall be defined as follows: 1.1.1 "Adjusted for family size appropriate to the unit" shall have the meaning set forth by the California Tax Credit Allocation Committee, from time to time, in administering the low income housing tax credit programs. 2 • 1 m • 1.1.2 "Affordable Rent" means the maximum Monthly Rent that may be charged to and paid by an Eligible Household for the Affordable Units, as required by the terms of this Agreement. 1.1.3 "Affordable Rent Schedule" means a rent schedule established as of the date of issuance of an occupancy permit (exclusive of tenant utility payments or security deposits) for the required number/percentage of the total number of units in the Project which are to be rented or available for rent to very low or low income tenants. Said Affordable Rent Schedule shall be established at the time of the issuance of the occupancy permit ("Initial Rent Schedule") and shall be created in accordance with the Orange County, California Primary Metropolitan Statistical Area ("PMSA") as published by the United States Department of Housing and Urban Development ("HUD'), adjusted for family size. 1.1.4 "Affordable Units" means five -hundred and,fifv-two (552) units which shall be comprised of twenty-seven (27) one (1) bedroom Units, two -hundred and thirty-nine (239) two (2) bedroom Units, one -hundred and forty-six (146) three (3) bedroom Units, and one -hundred and forty (140) four (4) bedroom Units, ofwhich five (5) Unrestricted Units (i.e. —manager's unit), with unit sizes as may be determined by the Developer. 1.1.5 "Agreement" means this Density Bonus Housing Agreement. 1.1.6 Reserved 1.1.7 "City" means the City of Santa Ana, California 1.1.8 "City Council" means the City Council of the City of Santa Ana. 1.1.9 "City Attorney" means the City Attorney for the City of Santa Ana. 1.1.10 "City Manager" means the City Manager for the City of Santa Ana. 1.1.11 "City's Planning Commission" means the Planning Commission for the City of Santa Ana. 1.1.12 "Density Bonus Housing Agreement Term" means the period during which this Agreement shall be in full force and effect, as provided for in Section 6.1 below. 1.1.13 Reserved 1.1.14 "Developer" means collectively, Santa Ana Pacific Associates, A California Limited Partnership, a California limited partnership, and Santa Ana Pacific Associates II, A California Limited Partnership, a California limited partnership, and their permitted successors and assigns to all or any part of the Property. 1.1.15 "Effective Date" means the date the City Council of City approves this Agreement and from then on this Agreement shall be in full force and effect. 60A-9 1.1.16 "Eligible Household" means a Household whose income does not exceed the qualifying limit for a "very low income tenant" or "lower income tenant" as defined herein, which means persons and families whose income does not exceed the qualifying limit for very low income or lower income households. 1.1.17 "Household" means all persons residing in a Unit. 1.1.18 "Low Income Tenant" means persons and families whose income does not exceed eighty percent (801/6) area median income for the Orange County, California PMSA, adjusted for household size, as published by the California Tax Credit Allocation Committee. 1.1.19 "Median Income" means the Orange County, California area median income, adjusted for family size appropriate to the unit, as periodically published by the California Tax Credit Allocation Committee. 1.1.20 "Monthly Rent" means the total of monthly payments for (a) use and occupancy of each Affordable Unit and land and facilities associated therewith, (b) any separately charged fees or service charges assessed by Developer which are required of all tenants, other than security deposits, application fees or credit check fees (c) a reasonable allowance for an adequate level of service of utilities not included in (a) or (b) above, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuels, but not including telephone or cable service, and (d) possessory interest, taxes or other fees or charges assessed for use ofthe land and facilities associated therewith by a public or private entity other than Developer. In the event that certain utility charges are paid by the landlord rather than the tenant, no utility allowance shall be deducted from the rent for that type of utility charge. 1.1.21 "Project" means that certain residential development as more particularly described in Recital B and Section 2 of this Agreement. 1.1.22 "Property" means that certain real property more particularly described in the legal description in Exhibit A and improvements thereon. 1.1.23 "State Density Bonus Law" means Government Code sections 65915, et seq., as they exist on the Effective Date. 1.1.24 "Unit" means a residential dwelling unit within the Project to be constructed by Developer pursuant to this Agreement. 1.1.25 "Unrestricted Units" means the Units within the Project to be constructed by Developer to a Household without restriction (i.e. — manager's unit). 1.1.26 "Very Low Income Tenant" means persons and families whose income does not exceed fifty (50%) of the area median income for the Orange County, California PMSA, adjusted for household size, as published by the California Tax Credit Allocation Committee. 60A-10 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: 1.2.1 Exhibit A — Legal Description of the Property 1.2.2 Exhibit B— Tenant Verifeation 2. DEVELOPMENT OF THE PROPERTY 2.1 Proiect. Developer shall develop, operate, and maintain the Property as a five - hundred and fifty-two (552) Unit affordable rental family -oriented mixed -use commercial and residential community. 2.2 Density Bonus. The Project shall have five -hundred and fifty-two (552) Units, to be rented, occupied, operated, and maintained pursuant to the terms and conditions of this Agreement. Developer understands and agrees that Developer is not utilizing a density bonus increase provided by the State Density Bonus Law or a density bonus provided by the City's Housing Opportunity Ordinance. However, Developer is only proposing five -hundred and fifty- two 552 Units, so Developer shall not constructor develop, or otherwise claim a right to construct or develop any additional State and/or City Density Bonus Units on the Property. 2.3 Development Concessions and Waivers. As set forth in the City entitlements, Developer petitioned for and was granted the following concessions and waivers as part of the approval of Site Plan Review No. 2017-09 for the Project: 2.3.1 The residential parking requirements for the Project shall be reduced from two (2) spaces per unit overall to.1.03 spaces per unit. 2.3.2 The publicly accessible open space requirement calculation shall be reduced from 15% of total lot area to less than 2% of total lot area. 2.3.3 The building front yard setback requirement shall be amended from a minimum of twenty (20) feet to a minimum of six (6) feet. The building side yard setback requirement shall be amended from a minimum of ten (10) feet to a minimum of six (6) feet. The building rear yard setback requirement shall be amended from a minimum of one hundred (100) feet to a minimum of forty-five (45) feet. 2.3.4 The driveway width requirement shall be increased from a maximum of twenty-four (24) feet to thirty-eight to forty-six (3846) feet. 2.4 In exercising the rights granted to the developer under AB 744 the Parking requirements for the Project shall be reduced in accordance with Government Code Section 65915(p), such that a total of 566 resident and guest parking spaces will be provided in an at -grade parking area beneath the residential levels, as well as 50 parking spaces for the commercial component and 4 spaces for the leasing office and the development's employees. 60A-11 2.5 No Further Concessions or Incentives. Developer acknowledges and agrees that the waivers and incentives set forth in section 2.3 above fully satisfy any duty City may have under the Santa Ana Municipal Code, the Density Bonus Law, or any other law or regulation applicable to the Project, to provide any development incentive or to waive any building, zoning, or other requirement. By this Agreement, Developer releases any and all claims Developer may have against City in any way relating to or arising from City's obligation to waive requirements of or provide development incentives pursuant to any state, federal, or local law, rule, or regulation applicable to the Project. 2.6 Unrestricted Units. The Project, for purposes of this Agreement, may have no more than five 5 Unrestricted Units (i.e. — manager's unit) with unit sizes as may be determined by the Developer. Developer may alter the unit distribution of the Unrestricted Units in Developer's discretion, provided that the Project has the minimum number of Affordable Units and the minimum distribution thereof as specified in this Agreement. 2.7 Affordable Units. The Project, for purposes of this Agreement, shall have no less than five -hundred. forty-seven (547) Units designated as Affordable Units pursuant to the terms and conditions ofthis Agreement. The Affordable Units shall be consistent with all City approvals, and shall be located throughout the Project. 2.8 Minimum Development Standards for Affordable Units. The Affordable Units shall be constructed with the same exterior appearance and interior features, fixtures, and amenities, and shall use the same type and quality of materials as provided for any Unrestricted Units, regardless of whether such Unrestricted Units are in the Project. 2.9 Permits and Processing: Compliance with Laws. Developer at its sole cost and expense shall secure or cause to be secured any and all permits that may be required by City or any other federal, state, or local governmental entity having or claiming jurisdiction over the Property or Project. Upon securing any and all permits, Developer shall carry out and perform the development, operation, and maintenance of the Project in conformity with all applicable federal, state, and local laws and regulations, and all conditions of approval issued by the City Council and City's Planning Commission for the Project. Any changes to the Project shall be reviewed by the City to determine compliance with this Agreement. If any changes to the Project shall materially alter the ability of Developer to comply with any terms of this Agreement in City's sole determination, then City shall have the option to declare this Agreement null and void in its sole discretion. 2.10 Relocation Prior to Development of Project. If relocation is required prior to the completion of development of the Project, Developer shall have the sole and exclusive responsibility for providing relocation assistance and paying all relocation costs as may be required to comply with applicable federal and state laws and regulations. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all 60A-12 alleged or actual claims, causes of action, liabilities, and damages from any third party for relocation assistance, benefits and costs prior to the completion of the development of the Project. 2.11 Local Sourcing Plan. Developer agrees to make a good faith effort to encourage contractors and suppliers to hive and procure locally, to the extent that it is cost effective and does not delay the overall project development schedule. Prior to issuance of Building Permit, Developer shall develop and submit to the Community Development Agency (the "CDA") a local sourcing plan for the Project targeting, to the extent feasible, the hiring of qualified workers, construction contractors, or the purchasing of goods locally within the City of Santa Ana. The plan must be reviewed and approved by the CDA which if not granted or denied within five (5) Business Days, shall be deemed approved (with such approval not to be unreasonably withheld) and be implemented for the construction of the project prior to issuance of Building Permit. 2.12 Mechanic's Liens: Indemnification. Developer shall take all actions reasonably necessary to remove any future mechanic's liens or other similar liens (including design professional liens) against the Property or Project, or any part thereof; by reason of work, labor, services, or materials supplied or claimed to have been supplied to Developer or anyone holding the Property or Project, or any part thereof, through or under Developer. Prior to the recording of this Agreement (or memorandum thereof) pursuant to Section 4.1 below, Developer shall provide evidence from the Title Company of any new recordings against the Property or Project. City hereby reserves all rights to post notices of non -responsibility and any other notices as may be appropriate upon a filing of a mechanic's lien. In addition to any other indemnity provided by Developer under this Agreement, Developer shall indemnify, defend (with counsel of Citys choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel upon City's and Developer's consent), and hold harmless City and all of its officials, officers, employees, representatives, volunteers and agents from any and all alleged or actual claims, causes of action, liabilities; and damages from any third party by reason of a mechanic's lien or work, labor, services, or materials supplied or claimed to have been supplied to Developer or anyone holding the Property or Project, or any part thereof, through or under Developer. 3. AFFORDABILITY 3.1 Total Affordability Term. Each Affordable Unit shall be restricted to use and occupancy by an Eligible Household for a total period of no less than fifty-five (55) years ("Total Affordability Term"). The Total Affordability Term for an Affordable Unit shall commence on the date that the Affordable Unit receives all required occupancy permits from the City. By way of explanation of the foregoing two sentences, it is possible that the Total Affordability Period for one Affordable Unit will neither commence on the same date nor terminate on the same date as another Affordable Unit, and it is possible that the Total Affordability Terms for all Affordable Units will commence on different days and terminate on different days. 3.2 Memorializing Commencement ofTotal Affordability Term. Developer shall keep detailed records of the commencement date of the Total Affordability Term for each Affordable Unit. City shall have the right to review and verify said records to ensure that the commencement date specified by Developer for an Affordable Unit coincides with the date that the initial 60A-13 Affordable Unit received all permits from City required for occupancy of the Unit. In the event that a conflict exists between the date specified by Developer for the commencement of the Total Affordability Term for an Affordable Unit and the date specified by City's issuance of all required permits for occupancy of the Unit, the date specified by City's issuance of all required permits for occupancy of the Unit shall control. 3.3 Levels ofAffordability. 3.3.1 Very Low Income Tenants. Developer covenants that no less than fifty-six (556) Affordable Units in the Project shall at all times during the Density Bonus Housing Agreement Term be rented to, or held vacant and available for immediate occupancy by Very Low Income Tenants, at a rent that does not exceed thirty percent (30%) of fifty percent (50%) of the area median income, as adjusted for household size, including an allowance for utilities. 3.3.2 Low Income Tenants. Developer covenants that no less than four hundred. ninety-one (491) Affordable Units in the Project shall at all times during the Density Bonus Housing Agreement Term be rented to, or held vacant and available for immediate occupancy by Lower Income Tenants, at a rent that does not exceed thirty percent (30%) of sixty percent (60%) of the area median income, as adjusted for household size, including an allowance for utilities. 3.4 Affordable Rental Schedule. The Affordable Rental Schedule shall be determined by the regulatory agreements entered into between the Developer and the California Tax Credit Allocation Committee (CTCAC) and the California Debt Limit Allocation Committee (CDLAC) governing the project. 4. OWNERSHIP AND OPERATION OF THE PROJECT BY OWNER 4.1 RecordineofDocuments. No later than issuance of building permits for the Project, Developer and the City shall record or cause to be recorded in the Official Records for Orange County, California, an executed original of this Agreement. City shall cooperate with Developer in promptly executing in recordable form this Agreement. Upon the date of recording, the terms and conditions of this Agreement shall be binding upon and run with the Property and the Project. It is the express intent and agreement between the Parties that this Agreement shall remain binding and enforceable against the Property, the Project, and the Units to ensure compliance with the State Density Bonus Law, City Density Bonus Law, and the City Housing Opportunity Ordinance, and to ensure the continued supply of Affordable Units in the Project. 4.2 Rental of Units. Upon the completion of construction of the Project and receipt by Developer of all required permits for the occupancy of the Units, Developer shall rent or cause to be rented each Affordable Unit for the Total Affordability Term for such Affordable Unit in accordance with the terms and conditions set forth in this Agreement, which provide among other terms and conditions for the rental of each Affordable Unit at an Affordable Rent to an Eligible Household for the Total Affordability Term. 60A-14 4.3 Location of Affordable Units. During the Density Bonus Housing Agreement Term, the Affordable Units shall be disbursed throughout the Project in accordance with the terms and conditions set forth in this Agreement. 4.4 Occupancy Levels. The number of persons permitted to occupy each Affordable Unit shall not exceed the occupancy permitted pursuant to the requirements of the United States Department of Housing and Urban Development. In the event that a household residing in an Affordable Unit exceeds the permitted number of persons, then that household shall be placed on the waiting list for the appropriate -sized unit and be eligible for transfer when that unit becomes available. If the household refuses to transfer to the appropriate -sized unit then the Owner will have grounds to terminate that household's lease. 4.5 Use of the Property. All uses conducted on the Property, including, without limitation, all activities undertaken by the Developer pursuant to this Agreement, shall conform to all applicable provisions of the Santa Ana Municipal Code and other applicable federal, state, and local laws, rules, and regulations. The Project shall at all times during the term of this Agreement be used as an apartment complex and none of the Housing Units in the Project shall at any time be utilized on a transient basis, nor shall the Property or any portion thereof ever be used as a hotel, motel, dormitory, fraternity or sorority house, rooming house, hospital, nursing home, sanitarium or rest home, or be converted to condominium ownership. All of the community facilities and any social programs provided to the Project's residents shall be available on an equal, nondiscriminatory basis to residents of all Housing Units at the Project. 4.6 Maintenance. Owner shall, at all times during the term of this Agreement, cause the Property and the Project to be maintained in a decent, safe and sanitary manner, regardless of cause of the disrepair. Owner shall be fully and solely responsible for costs of maintenance, repair, addition and improvements. City, and any of its employees, agents, contractors or designees shall have the right to enter upon the Property at reasonable times and in a reasonable manner to inspect the Project. If at any time Developer fails to maintain the Project or the Property in accordance with this Agreement and such condition is not corrected within five (5) days after written notice from City with respect to debris and waste material, or thirty (30) days after written notice from City with respect to general maintenance, landscaping and building improvements, then City, in addition to whatever remedy it may have at law or at equity, shall have the right to enter upon the applicable portion of the Project or the Property and perform all acts and work necessary to protect, maintain, and preserve the Project and the Property, and to attach a lien upon the Property, or to assess the Property, in the amount of the expenditures arising from such acts and work of protection, maintenance, and preservation by City and/or costs of such cure, including a reasonable administrative charge, which amount shall be promptly paid by Developer to City upon demand. 4.6. I Property Maintenance Agreement. Subject to review and applicability by the Planning and Building Agency (the "PBA"), the CDA, the Public Works Agency (the "TWA"), and the City Attorney to ensure that the property and all improvements located thereupon are properly maintained, Developer (and the owner of the property upon which the authorized use and/or authorized improvements are located if different from the applicant) shall execute a maintenance agreement with the City of Santa Ana prior to occupancy which shall be recorded against the property and which shall be in a form reasonably satisfactory to the City Attorney. The 60A-15 maintenance agreement shall contain covenants, conditions and restrictions relating to the following: (a) Compliance with operational conditions applicable during any period(s) of construction or major repair (e.g., proper screening and securing of the construction site; implementation of proper erosion control, dust control and noise mitigation measure; adherence to approved project phasing etc.); (b) Compliance with ongoing operational conditions, requirement and restrictions as applicable, the proper storage and disposal of trash and debris, and/or restrictions on certain uses; (c) Ongoing compliance with approved design and construction parameters, signage parameters and restrictions as well as landscape designs, as applicable; (d) Ongoing maintenance, repair and upkeep of the property and all improvements located thereupon (including but not limited to controls on the proliferation of trash and debris about the property; the proper and timely removal of graffiti; the timely maintenance, repair and upkeep of damaged, vandalized and/or weathered buildings, structures and/or improvements; the timely maintenance, repair and upkeep of exterior paint, parking striping, lighting and irrigation fixtures, walls and fencing, publicly accessible bathrooms and bathroom fixtures, landscaping and related landscape improvements and the like, as applicable); (e) If Developer and the owner of the property are different (e.g., if the applicant is a tenant or licensee of the property or any portion thereon, both the applicant and the owner of the property shall be signatories to the maintenance agreement and both shall be jointly and severally liable for compliance with its terms; (1) The maintenance agreement shall further provide that any party responsible for complying with its terms shall not assign its ownership interest in the property or any interest in any lease, sublease, license or sublicense, unless the prospective assignee agrees in writing to assume all of the duties and obligations and responsibilities set forth under the maintenance agreement; (g) The maintenance agreement shall contain provisions relating to the enforcement of its conditions by the City and shall also contain provisions authorizing the City to recover costs and expenses which the City may incur arising out of any enforcement and/or remediation efforts which the City may undertake in order to cure any deficiency in maintenance, repair or upkeep or to enforce any restrictions or conditions upon the use of the property. The maintenance agreement shall further provide that any unreimbursed costs and/or expenses incurred by the City to cure a deficiency in maintenance or to enforce use restrictions shall become a lien upon the property in an amount equivalent to the actual costs and/or expense incurred by the City; and, 10 (h) The execution and recordation of the maintenance agreement shall be a condition precedent to the issuance of the Certification of Occupancy. 4.7 Marketing Program. Each Affordable Unit shall be leased to Eligible Households selected by Developer who meet all of the requirements provided herein. Prior to Certificate of Occupancy, Developer shall prepare and obtain City's approval, which approval shall not be unreasonably withheld, of a marketing program for the leasing of the Housing Units at the Project ("Marketing Program"). The leasing of the Housing Units shall thereafter be marketed in accordance with the Marketing Program as the same may be amended from time to time with City's prior written approval, which approval shall not unreasonably be withheld. Upon request, Developer shall provide City with periodic reports with respect to the leasing of the Housing Units. 4.8 Management Plan. Prior to Certificate of Occupancy, Developer shall submit for the reasonable approval of City a "Management Plan" which sets forth in detail Developer's property management duties, a tenant selection process in accordance with this Agreement, a security system and crime prevention program, the procedures for the collection of rent, the procedures for eviction of tenants, the rules and regulations for the Property and manner of enforcement, a standard lease form, an operating budget, the identity and emergency contact information of the professional property management company to be contracted with to provide 24-hour onsite property management services at the Property ("Property Manager"), and other matters relevant to the management of the Property. The Management Plan shall require Developer to adhere to a fair lease and grievance procedure. The management of the Property shall be in compliance with the Management Plan as approved by City. If City determines that the performance of the Property Manager is deficient based upon the standards set forth in the approved Management Plan and in this Agreement, City shall provide notice to Developer of such deficiencies and Developer shall use its best efforts to correct such deficiencies. In the event that such deficiencies have not been cured within thirty (30) days, City shall have the right to require Developer to immediately remove and replace the Property Manager with another property manager or property management company which is reasonably acceptable to the City Manager, which is not related to or affiliated with Developer, and which has not less than five (5) years experience in property management, including significant experience managing housing facilities of the size, quality and scope of the Project. 4.9 Selection of Tenants. 4.9.1 Developer shall be responsible for the selection of tenants for the Housing Units in compliance with lawful and reasonable criteria and the requirements of this Agreement. Developer agrees that all of Affordable Units will be available to families or qualifying residents as defined under California Civil Code section 51.3. 4.9.2 Local preference for Santa Ana residents and workers in tenant selection shall be a requirement of the Project. Subject to applicable laws and regulations governing nondiscrimination and preferences in housing occupancy required by the State of California, the Developer shall give preference in leasing units to households that live and/or work in the City of 11 60A-17 Santa Ana or who have an active Housing Choice Voucher issued by the Housing Authority of the City of Santa Ana or any other Public Housing Authority. 4.9.3 Prior to the rental or lease of an Affordable Unit to a tenant(s), Developer shall require the tenant(s) to execute a written lease and to complete a Tenant Income Verification Form (in substantially the form attached hereto as Exhibit B) certifying that the tenant(s) occupying the Affordable Unit is/are an Eligible Household and otherwise meet(s) the eligibility requirements established for the Affordable Unit. Developer shall verify the income of the tenant(s) as set forth herein. 4.10 Income Verification and Certification. Owner covenants to City that it will at all times abide by all specific compliance standards set forth in the regulatory agreements entered into between the Owner and the California Tax Credit Allocation Committee (CTCAC) and the California Debt Limit Allocation Committee (CDLAC), including but not limited to such standards as relate to the number of very -low and low income affordable units by number of bedrooms, standards for qualifying household incomes and other qualifying criteria. Owner shall provide City with a certified copy of each of the recorded Regulatory Agreements applicable to the Project. The compliance standards set forth in said Regulatory Agreements are hereby incorporated by reference as fully set forth herein. In the event of a conflict between this Agreement and the Regulatory Agreements: (1) the more stringent requirement shall prevail if such interpretation eliminates the relevant conflict; or (2) the Regulatory Agreements, or any of them, shall prevail. Developer agrees to make a good faith effort to verify that the income and asset statement provided by an applicant in an income certification is accurate by taking at least one of the following steps as a part of the verification process: (1) obtain three months consecutive pay stubs for the most recent pay period, (2) obtain an income tax return for the most recent tax year, (3) obtain an income verification form from the applicant's current employer, (4) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies, or (5) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. 4.11 Monitorinu and Recordkeepine. Throughout the Term of this Agreement, Developer shall annually complete and submit to City a Certification of Continuing Program Compliance in the form provided by City. Owner agrees to pay a reasonable fee, as set by City resolution, for the purpose of paying the actual costs associated with the City's obligation to monitor Owner's compliance with the affordability restrictions contained in this Agreement related to the Density Bonus units, not to exceed monitoring costs for up to 133 units. The City shall first start with the review of all reports and monitoring prepared by Owner for the California Tax Credit Allocation Committee (CTCAC) and the California Debt Limit Allocation Committee (CDLAC) each year. Representatives of City shall be entitled to enter the Property if necessary after review of above documentation, upon at least forty-eight (48) hour notice, to monitor compliance with this Agreement, and shall be entitled to inspect the records of the Project and to conduct an independent audit or inspection of such records at a location within the City that is reasonably acceptable to the City. Developer agrees to cooperate with City in making the Property and the 12 �. 1 records of the Project available for such inspection or audit. Developer agrees to maintain each record of the Project for no less than five (5) years after creation of each such record. Developer shall allow the City to conduct annual inspections of each of the Affordable Units on the Property after the date of construction completion, with reasonable notice. Developer shall cure any defects or deficiencies found by the City while conducting such inspections within ten (10) Business Days of written notice thereof, or such longer period as is reasonable within the sole discretion of the City. 4.12 Application and Financial Preparedness. Developer shall submit for review and approval by the CDA and the PBA, a booklet completed by the Developer at least 12 months prior to the initial leasing of the units. This booklet can be made available at the Property Manager's office or at another location agreed upon by the Owner, the CDA, and the PBA. The purpose of this booklet is to inform interested persons regarding minimum application and eligibility requirements and to assist interested persons with application and financial preparedness and eligibility for residency at the Project at the initial leasing of the units. Developer shall also work with CDA to hold a minimum of two workshops to be coordinated by the Developer at least 12 months prior to the initial leasing of the units. 4.13 Onsite Supportive Services. Programs and Amenities. Throughout the Term of this Agreement, and to the extent such can be coordinated with and largely supplied by philanthropic and other social welfare providers, Developer shall provide residents of the Project access to discounted or no -cost onsite supportive services, programming, and amenities that promote independent living and include but are not limited to: health and wellness services, transportation services, social activities, and physical or recreational amenities. 4.14 Alternative Transportation and Energy Source, Resource Conservation, and LEED Certification. While not a condition of the project's Density Bonus, in recognition of the City's desire to optimize the energy efficiency of the project, Developer agrees to consult with the project design team, a CABEC certified 2016 Certified Energy Analyst, a LEED AP Homes (low-rise and mid -rise), LEED AP BD+C (high rise), National Green Building Standard (NGBS) Green Verifier, or GreenPoint Rater (one person may meet both of these latter qualifications) early in the project design process to evaluate a building energy model analysis and identify and consider energy efficiency or generation measures beyond those required by the TCAC minimum construction standards. Prior to the meeting, the energy analyst shall complete an initial energy -model based on either current T24 standards or, if the project is eligible, the California Utility Allowance Calculator using best available information on the project. To the extent financially feasible for the project, Developer agrees to incorporate and optimize energy efficient building materials, methods, and amenities. 4.15 Reserved. 4.16 Onsite Property Manager. The Project shall include the provision to have 24-hour on - site Property Management services and personnel. Up-to-date 24-hour contact information for the on -site personnel shall be provided to the following City Agencies on an ongoing basis: (a) Police Department 13 60A-19 (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.17 Emergency Evacuation Plan. Developer shall submit and obtain approval of an Emergency Evacuation Plan (the EEP) from City Police and Fire Protection agencies prior to issuance of a Certificate of Occupancy. Up-to-date 24-hour emergency contact information for the on -site personnel shall be provided to the City on an ongoing basis and the approved EEP shall be kept onsite and also be submitted to the following City Agencies: (a) Police Department (b) Fire Department (c) Planning and Building Agency (d) Community Development Agency 4.18 Crime Free Housing. Developer shall work with City Staff to develop a crime free housing policy, procedure, and design plan (the "CFH Plan"). Developer shall submit and obtain approval from the PBA the CFH Plan meeting the requirements of this Subsection 4.18 prior to issuance of the Certificate of Occupancy. The approved CFH Plan shall be implemented and administered by Property Management. 4.19 Onsile Parking Management Plan. Developer shall provide onsite parking for residents and visitors of the Project and actively monitor the parking demand of the Project site. Developer shall continually monitor and take appropriate measures to manage the parking demand of the Project site to mitigate the use of offsite parking spaces on private or public properties and/or right-of-way. Prior to issuance of the Certificate of Occupancy, Developer shall submit and obtain approval from the PBA a Parking Management Plan (the "PMP") meeting the requirements of this Subsection 4.19. The approved PMP shall be adhered to and be enforced by the Project at all times. 4.20 Parking Shuttle and/or Valet Service. (a) Developer must identify which parking lots have agreed to rent out parking spaces for the valet service; (b) Developer must identify specific shuttle stop locations and must obtain approval from the Orange County Transportation Authority (OCTA) to utilize its bus stops/pullouts as part of its shuttle service operations; (c) All residents of driving age must disclose any owned, leased, or rented vehicles to be permitted to park on the project site or any properties as part of the valet or shuttle service; (d) Each tenant must agree to terms prohibiting parking of his or her vehicle on any City -owned property; (e) Every such agreement must contain penalties/consequences for violating the terms of the agreement; (� Terms shall also be incorporated into the City's housing plan or agreement for the Project; (g) The shuttle shall be operated by the Developer and be at the Developer's expense; 14 60A-20 (h) The Developer and/or management company shall maintain a copy of the shuttle's operating plan, including days, times, and frequency of service, with the City's Planning Division and Public Works Agency; (i) The City can record a lien to collect any unpaid fines or monitoring costs; (j) The City may require the Developer and/or management company to include lease provisions that limit the number of vehicles a tenant may possess during the term of occupancy; and, (k) The Developer and/or management company shall work with the City's Planning Division, Public Works Agency, and City Attorney's Office to document and record the agreement. 4.21 Prior to issuance of building permits for above -ground construction, the Developer shall provide the City of Santa Ana a copy of a recorded easement for reciprocal access (ingress, egress, and fire access) for any and all proposed shared drive aisle(s) between the project site and the adjacent property to the west. 5. [INTENTIONALLY RESERVED] 6. TERM OF THIS AGREEMENT 6.1 Term. The term of this Agreement ("Density Bonus Housing Agreement Term") shall commence on the Effective Date and shall continue until the date that is fifty-five (55) years after the City issues the last certificate of occupancy for the Project. 7. DEFAULT AND TERMINATION: INDEMNIFICATION 7.1 Default. Failure or delay by any Party to perform any term or provision of this Agreement, which is not cured within thirty (30) days after receipt of notice from the other Party specifying the default (or such other period specifically provided herein), constitutes a default under this Agreement; provided, however, if such default is of the nature requiring more than thirty (30) days to cure, the defaulting Party shall avoid default hereunder by commencing to cure within such thirty (30) day period, and thereafter diligently pursuing such cure to completion within an additional sixty (60) days following the conclusion of such thirty (30) day period (for a total of ninety (90) days). Except as required to protect against further damages, the injured Party may not institute proceedings against the Party in default until the time for cure has expired. Failure or delay in giving such notice shall not constitute a waiver of any default, nor shall it change the time of default. 7.2 Riahts and Remedies Cumulative. The rights and remedies of the Parties are cumulative, and the exercise by either Party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party. 7.3 Indemnification. In addition to any other indemnity specifically provided in this Agreement, Developer agrees to defend (with counsel of City's choosing and the consent of Developer, which shall not be unreasonably withheld, and which may be joint defense counsel 15 60A-21 upon City's and Developer's consent) indemnify and hold harmless City and its respective officers, officials, agents, employees, representatives, and volunteers (collectively, "Indemnitees") from and against any loss, liability, claim, or judgment arising from any act or omission of Developer in connection with its obligations under this Agreement, except to the extent caused by the active negligence or willful misconduct of Indemnitees. 8. ASSIGNMENT: COVENANTS RUN WITH THE LAND 8.1 Assignment by Developer. 8.1.1 Prohibited Transfers or Assienntents. Except as authorized in Section 8.1.2 below, Developer shall not sell, transfer, or assign the Property or Project in whole or in part, or transfer or assign Developer's rights and obligations in this Agreement, without City's prior written approval, which shall not be unreasonably withheld. Except for Permitted Transfers set forth in Section 8.1.2 below, Developer shall: (i) notify City in writing of the sale, transfer, or assignment of all or any portion of the Property, and (ii) deliver to City an assignment and assumption agreement (or other agreement) in a form approved by City and executed by Developer and its transferee/assignee pursuant to which Developer's transferee/assignee assumes all of Developer's covenants and obligations set forth herein with respect to the Property or the portion thereof so transferred. Any request for transfer or assignment of the Agreement by Developer shall require the payment of fees or a deposit to compensate the City for approximate expenses incurred by Developer to City, as applicable, for the City's review of the request. 8.1.2 Sale of Property/Change or Use: Owner agrees and declares that the Property and the Project shall be held, conveyed, mortgaged, encumbered, leased, rented, used, occupied, operated, sold, and approved subject to all obligations set forth or incorporated in this Agreement, all of which are for the purpose of enhancing and protecting the value and attractiveness of the Property and the Project. All of the obligations set forth or incorporated in this Agreement shall constitute covenants which run with the land and shall be binding on Owner and its successors and assigns, and all parties having or acquiring any right, title or interest in, or to any part of the Property or Project. Owner further understands and agrees that the Density Bonus permit approvals received for this Project have been made on the condition that Owner and all subsequent owners, or other successors and assigns of the Property and/or Project lease and rent the Units in accordance with the terns and conditions stipulated in Sections 4, 5 and 6 of this Agreement for a term of 55 consecutive years commencing upon the date that the Project is first occupied. 8.1.3 Subsequent Assignment. As used in this Agreement, the term "Developer" shall be deemed to include any such transferee or assignee after the date such sale, transfer, or assignment occurs in compliance with this Agreement. 8.1.4 Unnermitted Assignments Void. Any sale, transfer, or assignment made in violation of this Agreement shall be null and void, and City shall have the right to pursue any right or remedy at law or in equity to enforce the provisions of the restriction against unpermitted sales, transfers, or assignments. 16 60A-22 8.2 Covenants Run with the Land. The Property shall be held, sold, conveyed, hypothecated, encumbered, used, occupied and improved subject to the covenants, conditions, and restrictions set forth herein. The covenants, conditions, restrictions, reservations, equitable servitudes, liens and charges set forth in this Agreement shall run with the Property and shall be binding upon Developer and all persons having any right, title or interest in the Property, or any part thereof, their heirs, and successive owners and assigns, shall inure to the benefit of City and its successors and assigns, and may be enforced by City and its successors and assigns. The covenants established in this Agreement shall, without regard to technical classification and designation, be binding for the benefit and in favor of City and its successors and assigns, and the parties hereto expressly agree that this Agreement and the covenants herein shall run in favor of City, without regard to whether City is or remains an owner of any land or interest therein to which such covenants relate. However, all such covenants and restrictions shall be deemed to run in favor of all real property owned by City which real property shall be deemed the benefited property of such covenants and this Agreement shall create equitable servitudes and covenants appurtenant to all real property owned by City and running with the Property in accordance with the provisions of Civil Code Section 1468. Furthermore, all of the covenants, conditions, and restrictions contained herein shall also constitute easements in gross running in favor of City. City is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided. Developer hereby declares its understanding and intent that the burden of the covenants set forth herein touch and concern the land and that the Developer's interest in the Property is rendered less valuable thereby. Developer hereby further declares its understanding and intent that the benefit of such covenants touch and concern the land by enhancing and increasing the enjoyment and use of the Property by the citizens of City and by furthering the health, safety, and welfare of the residents of City. 9. MISCELLANEOUS 9.1 Entire Agreement. This Agreement and all of its exhibits and attachments set forth and contain the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 9.2 Amendment. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance approved by the City Council and signed on behalf of each party. Any requested alteration, change or modification of the Agreement by Developer shall require the payment of fees or deposit by Developer to City, as applicable, for the City's review of the request. Each alteration, change, or modification to this Agreement shall be recorded against the Site in the Official Records of Orange County, California. 17 60A-23 9.3 Notices. 9.3.1 Deliverv. As used in this Agreement, "notice" includes, but is not limited to, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. All notices shall be in writing and shall be considered given either: (i) when delivered in person to the recipient named below; or (ii) on the date of delivery shown on the return receipt, after deposit in the United States mail in a sealed envelope as either registered or certified mail with return receipt requested, and postage and postal charges prepaid, and addressed to the recipient named below; or (iii) two (2) days after deposit in the United States mail in a sealed envelope, first class mail and postage prepaid, and addressed to the recipient named below; or (iv) one (1) day after deposit with a known and reliable next -day document delivery service (such as Federal Express), charges prepaid and delivery scheduled next -day to the recipient named below, provided that the sending party receives a confirmation of delivery from the delivery service provider; or (v) the first business day following the date of transmittal of any facsimile, provided confirmation of successful transmittal is retained by the sending Party. All notices shall be addressed as follows: If to City: City of Santa Ana Community Development Agency 20 Civic Center Plaza (M-26) P.O. Box 1988 Santa Ana, California 92702 Attention: Housing Manager With a copy to: Office of the City Attorney City of Santa Ana 20 Civic Center Plaza, 7th Floor (M-29) Santa Ana, California 92702 If to Developer: Santa Ana Pacific Associates, A California Limited Partnership Santa Ana Pacific Associates II, A California Limited Partnership 430 E. State Street, Suite 100 Eagle, Idaho 83616 With a copy to: BCP/First Point 1, LLC BCP/First Point II, LLC c% Boston Capital Partners One Boston Place, 21'Floor Boston, MA 02108 Attention: Asset Management (First Point Apartments) 9.3.2 Channe of Address. Either Party may, by notice given at anytime, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party, or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 18 60A-24 9.4 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder ofthis Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform, taking into consideration the purposes of this Agreement. 9.5 Interpretation and Governing Law. This Agreement and any dispute hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to conflict of law principles. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the Parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in interpreting this Agreement, all Parties having been represented by counsel in the negotiation and preparation hereof. 9.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.7 Singular and Plural. As used herein, the singular of any word includes the plural, and vice versa, as context so dictates. Masculine, feminine, and neuter forms of any word include the other as context so dictates. 9.8 Joint and Several Obligations. If at any time during the term of this Agreement the Property and/or Project is owned, in whole or in part, by more than one Developer, all obligations of such Developer under this Agreement shall be joint and several, and the default of any such Developer shall be the default of all such Developers. 9.9 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an'element. 9.10 Computation of Days. Unless otherwise specified in this Agreement or any Exhibit attached hereto, use of the term "days" shall mean calendar days. For purposes of this Agreement and all Exhibits attached hereto, "business days" shall mean every day of the week except Saturdays, Sundays, official State holidays as recognized in Government Code Section 19853(a) or successor statute, and any days in which Santa Ana City Hall is closed for business. 9.11 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, or the failure by a Partyto exercise its rights upon the default of the other Party, shall not constitute a waiver of such Party's right to insist and demand strict compliance by the other Party with the terms of this Agreement thereafter. 9.12 Non -Discrimination. In performing its obligations under this Agreement, Developer 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 related activities. Developer affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 19 60A-25 9.13 Third Party Beneficiaries. No person or entity, other than City and Developer shall have any right of action based upon any provision of this Agreement. 9.14 rorce Maieure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes and other labor difficulties beyond the Party's control (including the Parry's employment force), court actions (such as restraining orders or injunctions), or other causes beyond the Party's control, including delays by any governmental entity (although the City may not benefit from this provision for a delay that results from City's failure to perform its obligations under this Agreement), or an insurance company of either party. If any such events shall occur, the term of this Agreement and the time for performance by either Party of any of its obligations hereunder may be extended by the written agreement of the Parties for the period of time that such events prevented such performance. 9.15 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the Party benefited thereby of the covenants to be performed hereunder by such benefited Party. 9.16 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all permitted successors in interest to the Parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: (a) is for the benefit of and is a burden upon every portion of the Property; (b) runs with the Property and each portion thereof; and (c) is binding upon each Party and each successor in interest approved pursuant to this Agreement during ownership of the Property or any portion thereof. 9.17 Counterparts. This Agreement may be executed by the Parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the Parties had executed the same instrument. 9.18 Jurisdiction and Venue. Any action at law or in equity under this Agreement or brought by a Party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Orange, State of California, and the Parties hereto waive all provisions of law providing for the filing, removal or change of venue to any other court. 9.19 Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of a government entity regulating the development of private property and the Developer of such property. 20 �• •. 9.20 Further Actions and Instruments. Each of the Parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either Party at any time, the other Party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. City hereby authorizes City Manager to take such other actions and negotiate and execute any additional agreements as may be necessary or proper to fulfill the City's obligations under this Agreement. The City Manager may delegate her or his powers and duties under this Agreement to an authorized management level employee of the City. 9.21 Eslonhel Certificate. Within ten (10) business days following a written request by any of the Parties, the other Party shall execute and deliver to the requesting Party a statement certifying that (i) either this Agreement is unmodified and in full force and effect or there have been specified (date and nature) modifications to the Agreement, but it remains in full force and effect as modified; and (ii) either there are no known current uncured defaults under this Agreement or that the responding Party alleges that specified (date and nature) defaults exist. The statement shall also provide any other reasonable information requested. The failure to timely deliver this statement shall constitute a conclusive presumption that this Agreement is in full force and effect without modification, except as may be represented by the requesting Party, and that there are no uncured defaults in the performance of the requesting Party, except as may be represented by the requesting Party. 9.22 No Subordination. City's approval of the necessary land use entitlements that authorize Developer to develop, operate, and maintain the Project was based upon Developer's obligation to provide the Affordable Units pursuant to the State Density Bonus Law, City Density Bonus Law, City Housing Opportunity Ordinance, and the terms and conditions of this Agreement. For the Term of the Density Bonus Housing Agreement, this Agreement shall have priority over any and all mortgages, deeds of trust, and other similar forms of secured financing recorded against the Property or any portion thereof. Developer expressly understands and acknowledges that state law requires preservation of affordability covenants in connection with the approval ofthis density bonus project. 9.23 Attornevs' Fees and Costs. If either Party to this Agreement commences an action against the other Party to this Agreement arising out of or in connection with this Agreement, the prevailing Party shall be entitled to recover reasonable attorneys' fees, expert witness fees, costs of investigation, and costs of suit from the losing Party. 9.24 Authority to Execute. The person or persons executing this Agreement on behalf of each Party warrants and represents that he or she/they have the authority to execute this Agreement on behalf of his or her/their corporation, partnership or business entity and warrants and represents that he or she/they has/have the authority to bind the Party to the performance of its obligations hereunder. (Signatures on following page) 21 60A-27 IN WITNESS WHEREOF, the parties hereto have caused this Density Bonus Housing Agreement to be executed on the date set forth at the beginning of this Agreement. ATTEST: Norma Mitre Acting Clerk of the Council APPROVED AS TO FORM Sonia R. Carvalho City Attorney By: Wyan WHodge Assistant City Attorney RECOMMENDED FOR APPROVAL: Steven A. Mendoza Executive Director Community Development Agency CITY OF SANTA ANA Kristine -Ridge Ck7Mauager SANTA ANA PACIFIC ASSOCIATES, A CALIFORNIA LIMITED PARTNERSHIP C 99b Roope Tilt Holdings VI, LLC General Partner SANTA ANA PACIFIC ASSOCIATES R, A CALIFORNIA LIMITED PARTNERSHIP Z/-Z� Ca b Roope TM Holdings VI, LLC General Partner 22 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 Idaho County of Ada On March 26. 2019 before me, Peter Van Dome, Notary Public, personally appeared Caleb R000e, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of Idaho that the foregoing paragraph is true and correct. WITNESS my har( and offic Signature (Seal) PETER VAN DORNE COMMISSION #32367 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 00/01/2023 60A-29 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 Idaho County of Ada On March 26, 2019 before me, Peter Van Dome, Notary Public, personally appeared Caleb R000e, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of Idaho that the foregoing paragraph is true and correct. WITNESS my Nnd an ial seal. Signature (Seal) PETER VAN DORNE COMMISSION #32357 NOTARY PUBLIC STATE OF IDAHO MY OOMMISi310N EXPIRES 01110112023 60A-30 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY 23 60A-31 Exhibit A Legal Description All that real property situated in the City of Santa Ana, County of Orange, State of California and more particularly described as follows: PARCELI: THAT CERTAIN PARCEL OF LAND, LOCATED AT 16812 EAST FIRST STREET, SANTA ANA, CALIFORNIA, WHICH PROPERTY IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN BY MAP ON FILE IN BOOK 2, PAGES 618 THROUGH 619, OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, THENCE WEST ALONG THE SOUTH SIDE OF FIRST STREET, 417.75 FEET OF A POINT; THENCE SOUTH 733.36 FEET TO A POINT; THENCE EAST 417.75 FEET TO THE EAST LINE OF SAID LOT "D"; AND THENCE NORTH 733.36 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THE NORTHERN NINETEEN (19.00) FEET, AS CONVEYED TO THE CITY OF SANTA ANA, A MUNICIPAL CORPORATION, IN A DOCUMENT RECORDED DECEMBER 22, 1965 AS INSTRUMENT NO. 16905, IN BOOK 7781, PAGE 486 OFFICIAL RECORDS. NOTE: SAID LAND IS ALSO SHOWN ON A RECORD OF SURVEY, FILED ON JULY 13, 1964 IN BOOK 74, PAGE 3 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. PARCEL 2: A DRAINAGE EASEMENT FOR DISCHARGING WATER FROM THE EAST 417.75 FEET OF THE NORTH 733.36 FEET OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP THEREOF RECORDED IN BOOK 2, PAGES 618 AND 619 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BY MEANS OF UNDERGROUND PIPELINES, WITH THE RIGHT TO LAY, PLACE, USE, MAINTAIN, ALTER, ADD TO, REPAIR, REPLACE AND/OR REMOVE SAID PIPELINES, ALONG THE FOLLOWING DESCRIBED REAL PROPERTY: PARCEL (A): THE SOUTH FIVE (5.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS: COMMENCING AT THE NORTHWEST CORNER OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT AS PER MAP RECORDED IN BOOK 2, PAGE 618 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; THENCE EAST ON THE NORTH LINE OF SAID LOT "D" 225.75 FEET TO A POINT, A STONE A-1 60A-32 OVER A BRICK BEING SET IN THE GROUND 3 INCHES EAST OF SAID POINT; THENCE SOUTH 733.36 FEET TO A POINT, A STONE SET OVER A BRICK BEING SET IN THE GROUND 3 INCHES WEST OF SAID POINT; THENCE WEST 225.75 FEET TO THE WEST LINE OF SAID LOT "D'; THENCE NORTH 733.36 FEET TO THE POINT OF BEGINNING. PARCEL (B): THE WEST SIX (6.00) FEET OF THAT CERTAIN REAL PROPERTY IN THE RANCHO SANTIAGO DE SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA., DESCRIBED AS: A PORTION OF THE SOUTH HALF OF LOT "D" OF THE STAFFORD AND TUSTIN TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 2, PAGES 618 AND 619, MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE NORTH LINE OF THE COUNTY ROAD KNOWN AS MAIN STREET, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF SAID LOT "D"; THENCE NORTH ALONG THE EASTERLY LINE OF SAID LOT "D", 501.13 FEET; THENCE WEST 9.75 CHAINS TO THE WEST LINE OF SAID LOT "D'; THENCE SOUTH 501.5 FEET TO THE NORTH LINE OF MAIN STREET; THENCE EAST 9.75 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO LEROY G. CONNELLY AND WIFE, RECORDED DECEMBER 3, 1954, IN BOOK 2887, PAGE 120, OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND DESCRIBED IN A DOCUMENT TO THE STATE OF CALIFORNIA, RECORDED NOVEMBER 17, 1955, IN BOOK 3285, PAGE 542, OFFICIAL RECORDS. APN: 402-191-01, 402-191-02, 402-191-04 A-2 60A-33 EXHIBTP B TENANT VERIFICATION 24 60A-34 EXHIBIT B INCOME COMPUTATION AND CERTIFICATION NOTE TO APARTMENT OWNER: This form is designed to assist you in computing Annual Income in accordance with the method set forth in the Department of Housing and Urban Project ("HUD") Regulations (24 CPR 813). You should make certain that this form is ate all times up to date with the HUD Regulations. Re: Santa Ana, California I/We, the undersigned state that I/we have read and answered fully, frankly and personally each of the following questions for all persons who are to occupy the unit being applied for in the above apartment project. Listed below are the names of all persons who intend to reside in the unit 1. 2. 3. 4. Name of Members Relationship of the to Head of Social Security Household Household Age Number HEAD SPOUSE Income Computation 5. Place of Employment 6. The total anticipated income, calculated in accordance with the provisions of this Certification, of all persons over the age of 18 years listed above for the 12-month period beginning the date that I/we plan to move into a unit is $ Included in the total anticipated income listed above are: (a) all wages and salaries, overtime pay, commissions, fees, tips and bonuses and other compensation for personal services, before payroll deductions; (b) the net income from the operation of a business or profession or from the rental of real or personal property (without deducting expenditures for business expansion or amortization of capital indebtedness or any allowance for depreciation of capital assets), (c) interest and dividends (including income from assets excluded below); (d) the full amount of periodic payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits and other similar types of periodic receipts, including any lump sum payment for the delayed start of a periodic payment; B-1 60A-35 (e) payments in lieu of earnings, such as unemployment and disability compensation, workmeds compensation and severance pay; (f) the maximum amount of public assistance available to the above persons other than the amount of any assistance specifically designated for shelter and utilities, (g) periodic and determinable allowances, such as alimony and child support payments and regular contributions and gifts received from persons not residing in the dwelling; (h) all regular pay, special pay and allowances of a member of the Armed Forces (whether or not living in the dwelling) who is the head of the household or spouse; and (i) any earned income tax credit to the extent that it exceeds income tax liability. Excluded from such anticipated income are: (a) casual, sporadic or irregular gifts; (b) amounts which are specifically for or in reimbursement of medical expenses; (c) lump sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and workmen s compensation), capital gains and settlement for personal or property losses; (d) amounts of educational scholarships paid directly to the student or the educational institution, and amounts paid by the government to a veteran for use in meeting the costs of tuition, fees, books and equipment. Any amounts of such scholarships or payments to veterans not used for the above purposes are to be included in income; (e) special pay to a household member who is away from home and exposed to hostile fire; (f) relocation payments under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970; (g) foster child care payments; (h) the value of coupon allotments for the purchase of food pursuant to the Food Stamp Act of 1977; (i) payments to volunteers under the Domestic Volunteer Service Act of 1973; 0) payments received under the Alaska Native Claims Settlement Act; (k) income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; (1) payments or allowances made under the Department of Health and Human Services Low - Income Home Energy Assistance Program; B- 2 (m) payments received from the Job Training Partnership Act (n) income derived from the disposition of funds of the Grand River Band of Ottawa Indians; (o) the first $2,000.00 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the Court of Claims; and (p) at the discretion of Housing Authority of the City of Santa Ana all other income exclusions recognized by the HUD Section 8 Certificate and Voucher Programs. 7. Do the persons whose income or contributions are included in item 6 above: (a) have savings, stocks, bonds, equity in real property or other form of capital investment (excluding the values of necessary items of personal property such as furniture and automobiles and interests in Indian trust land)? No Yes (b) have they disposed of any assets (other than at a foreclosure or Credit Bankruptcy sale) during the last two years at less than fair market value? No Yes (c) If the answer to (a) or (b) above is yes, does the combined total value of all such assets owned or disposed of by all such persons total more than $5,000? No Yes (d) If the answer. to (c) above is yes,.state: (1) the amount of income expected to be derived from such assets in the 12-month period beginning on the date of initial occupancy in the unit that you propose to rent (2) the amount of such income, if any, that was included in item 6 above: 8. (a) Are all of the individuals who propose to reside in the unit full-time students*? No _ Yes *A full-time student is an individual enrolled as a full-time student during each of 5 calendar months during the calendar year in which occupancy of the unit begins at an educational organization which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance and is not an individual pursuing a full-time course of institutional or farm training under the supervision of an accredited agent of such an educational organization or of a state or political subdivision thereof. B- 3 60A-37 (b) If the answer to 8(a) is yes, is at least 1 of the proposed occupants of the unit a husband and wife entitled to file a joint federal income tax return? No Yes 9. Neither myself nor any other occupant of the unit I/we propose to rent is the owner of the rental housing project in which the unit is located (hereinafter the "Owner'), has any family relationship to the Owner; or owns directly or indirectly any interest in the Owner. For purposes of this paragraph, indirect ownership by an individual shall mean ownership by a family member, ownership by a corporation, partnership, estate or trust in proportion to the ownership or beneficial interest in such corporation, partnership, estate or trustee held by the individual or a family member; and ownership, direct or indirect by a partner of the individual. 10. This certificate is made with the knowledge that it will be relied upon by the Borrower to determine maximum income for eligibility to occupy the unit, and I/we declare that all information set forth herein is true, correct and complete and based upon information I/we deem reliable and that the statement of total anticipated income contained in paragraph 6 is reasonable and based upon such investigation as the undersigned deemed necessary. 11. I/we will assist the Owner in obtaining any information or documents required to verify the statements made herein, including either an income verification from my/our present employer(s) or copies of federal tax returns for the immediately preceding calendar year. 12. I/we acknowledge that I/we have been advised that the making of any misrepresentation or misstatement in this declaration will constitute a material breach of my/our agreement with the Owner to lease the unit and will entitle the Owner to prevent or terminate my/our occupancy of the unit by institution of an action for ejection or other appropriate proceedings. I/we declare under penalty of perjury that the foregoing is true and correct Executed this day of in the City of . California. Applicant Applicant [Signature of all persons over the age of 18 years listed in number 2 above required] B- 4 �• • FOR COMPLETION BY APARTMENT OWNER ONLY. 1. calculation of eligible income: a. Enter amount entered for entire household in 6 above: $ b. (1) If answer to 7(c) above is yes, enter the total amount entered in 7(d)(1), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance ($----); (2) MultipIy the amount entered in 7(c) times the current passbook savings rate to determine what the total annual earnings on the amount in 7(c) would be if invested in passbook savings ($ ), subtract from that figure the amount entered in 7(d)(2) and enter the remaining balance (3) Enter at right the greater of the amount calculated under (1) or (2) above: $ C. TOTAL ELIGIBLE INCOME Line La plus line Lb(3)): $ 2. The amount entered in Lc: Qualifies the applicant(s) as a Low Income Tenant(s). Does not qualify the applicant(s) as a Low Income Tenant(s). 3. Number of apartment unit assigned: Bedroom Size: _ Rent: $ 4. This apartment unit [was/was not] last occupied for a period of 31 consecutive days by persons whose aggregate anticipated annual income as certified in the above manner upon their initial occupancy of the apartment unit qualified them as Low Income Tenants. 5. Method used to verify applicant(s) income: Employer income verification. Copies of tax returns. Other Manager B- 5 60A-39 INCOME VERIFICATION (for employed persons) The undersigned employee has applied for a rental unit located in a project financed under the Housing Authority of the City of Santa Ana Multifamily Housing Revenue Bond Program for persons of low income. Every income statement of a prospective tenant must be stringently verified. Please indicate below the employees current annual income from wages, overtime, bonuses, commissions or any other form of compensation received on a regular basis. Annual wages Commissions Total current income Overtime Bonuses I hereby certify that the statements above are true and complete to the best of my knowledge. Signature Date Title I hereby grant you permission to disclose my income to in order that they may determine my income eligibility for rental of an apartment located in their project which has been financed under the Housing Authority of the City of Santa Ana Multifamily Revenue Bonds. Signature Please sent to: Date INCOME VERIFICATION (for self-employed persons) I hereby attachd copies of my individual federal and state income tax returns for the immediately preceding calendar year and certify that the information shown in such income tax returns is true and complete to the best of my knowledge. Signature PRi Date 60A-41 60A-42 EXHIBIT 2 REQUEST FOR Planning Commission Action PLANNING COMMISSION MEETING DATE: JUNE 4, 2018 TITLE: PUBLIC HEARING — SITE PLAN REVIEW NO.2017-09 AND DENSITY BONUS AGREEMENT APPLICATION NO. 2017-02 TO ALLOW CONSTRUCTION OF AN AFFORDABLE RENTAL RESIDENTIAL COMMUNITY WITHIN THE METRO EAST MIXED USE OVERLAY DISTRICT AT 2110, 2114, AND 2020 EAST FIRST STREET, AMG & ASSOCIATES, APPLICANTS {STRATEGIC PLAN NOS. 3, 2; 5, 31 Prepared by Ali Pezeshkpour O Executive Director RECOMMENDED ACTION PLANNING SECRETARY APPROVED ❑ As Recommended ❑ As Amended ❑ Set Public Hearing For DENIED ❑ Applicant's Request ❑ Staff Recommendation CONTINUED TO Cam.. 16 ag 1. Adopt a resolution approving Site Plan Review No. 2017-09 as conditioned. 2. Adopt a resolution approving Density Bonus Agreement Application No. 2017-02 as conditioned. Executive Summary Gene Broussard, representing Affordable Housing Land Consultants, Inc. ("AMG & Associates"), is requesting approval of a site plan review (SPR) and a density bonus agreement (DBA) to allow the construction of an affordable 552-unit rental family -oriented mixed -use commercial and residential community known as First Point. As proposed, the project requires approval of several waivers from the Metro East Mixed Use (MEMU) overlay district's development standards and/or development concessions through the density bonus agreement pursuant to California Government Code sections 65915 through 65918 and Santa Ana Municipal Code (SAMC) Section 41-1600. The project also includes construction of a portion of the project's required fire lane on an adjacent, developed property located at 2020 East First Street. Staff is recommending approval of the applicant's request due to the project's satisfaction of meeting the intent of the MEMU overlay district to promote a pedestrian -oriented environment with a mix of land uses and because the project will provide additional affordable rental housing stock to an underserved segment of the region's population. Table 1: Protect and Location Information Item Information Project Address 12110, 2114, and 2020 East First Street Nearest Intersection I First Street and Golden Circle Drive General Plan Designation I District Center (DC) EXHIBIT 2 SPR No. 2017-Og/DBA No. 2017-02 May 21, 2018 Page 2 Item Information Zoning Designation General Commercial (C-2) with the Metro East Mixed Use (MEMU) overlay district OZ-1 , Active Urban sub -district Surrounding Land Uses Commercial North Commercial East Educational South Commercial(West) Site Size 6.89 acres combined Existing Site Development The site contains two commercial buildings Use Permissions Mixed -use projects permitted by the OZ-1 designation; deviationstconcessions will address proposed deficiencies Zoning Code Sections Affected Uses OZ-1, Section No. 4 i Develo ment Standards OZ-1, Section Nos. 4 through 7 Project Description The project includes demolition of two commercial buildings and construction of an affordable rental family -oriented mixed -use community with 10,000 square feet of leasable commercial space. The project will contain two structures consisting of a ground -level parking area and five levels of residential above. A total of 552 affordable rental units will be provided on the project site. A total of 566 resident and guest parking spaces will be provided in an at -grade parking area beneath the residential levels, as well as 50 parking spaces for the commercial component and 4 spaces for the leasing office and the development's employees. The project will include one -bedroom units (27), two -bedroom units (239), three -bedroom units (146), and four -bedroom units (140) ranging in size from 610 to 1,266 square feet. All units will contain full kitchens, bedrooms, bathrooms, in -unit storage, and open/common (living) areas. Open space will be provided through a publically-accessible plaza fronting First Street, eight private courtyards, and amenity areas. The public plaza with open seating will front First Street and will also contain seating, landscaping, and hardscape areas suitable for programming with temporary kiosks or events. The project's commercial area and leasing office will also front First Street, enhancing the development's street presence. Eight courtyards with distinct themes and amenities for children and adults will be located throughout the interior of the site. Interior common rooms such as recreation areas, fitness centers, and laundry rooms will provide additional amenities to residents and visitors. A common open space "view room" on the upper levels will face north toward First Street with views toward the Xerox Tower and the recently - completed Nineteen0l mixed -use development. The project will feature a contemporary architectural style common of many multiple -family or mixed -use residential communities under construction in Santa Ana and the region. Ceramic tile, fiber cement board and siding, smooth stucco finishes, and metal railings will contribute to this theme. These solid materials will ensure that the project ages well for the duration of the building's lifetime. Although not a part of the current entitlement, the applicant intends to submit a tentative parcel map application at a future date to subdivide the project site into two lots for financing purposes in order to facilitate construction of both buildings. The applicant is currently preparing the EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May21, 2018 Page 3 required tentative parcel map, which will clarify if the proposed subdivision will be for fee -simple lots or for condominium purposes. The tentative parcel map application will require review and action by the City's Zoning Administrator. Table 2: Conformance to Development Standards Standard Required b .'the MEMU "= Provided Stories Minimum 3, no maximum 6 Minimum Site Area 1 acre 6.89 acres Permitted Frontage Forecourt, shopfront, gallery, or Shopfront, with plaza on First Street arcade as ermitted b MEMU Publicly Accessible Open Space 15 percent of total lot area Less than 2 percent — Requires Concession (1 of 3), CaL Gov t Code Sec. 65915 d 1 Private/Common Open Space 100 square feet per unit 104 square feet per unit Building Setbacks 0-20 feet (front), 0-10 feet (side), 100 6 (front), 6-40 (side), 45 (rear) — feet (rear) Requires Concession (2 of 3), Cal. Gov't Code Sec. 65915 ftoffl Residential Parking 2 spaces per unit overall — every unit 1.03 spaces per unit — Requires must be allocated at least 1 space Concession (3 of 3), Cal. Gov t Code Sec. 65915 d 1 Courtyard height -to -width ratios 2 to 1 (enclosed on four sides), 3 to Complies; various ratios in excess of 1 (open on one or more sides 2 to 1 and 3 to 1 provided Driveway width 24 feet maximum 3846 feet — Requires Waiver, Cal. Gov't Code Sec. 65915 e 1 Building Massing A variety of massing, volume, and Complies; the building features a step -backs are required to increase step -back along First Street and building articulation breaks in volume to reduce massing Table 3: Density Bonus Calculation Densi ror,,Bonus� ii." ;Allowed�foeP.,roect .` �'�'[',�, '"Prdvidedl r;1; Base Density 620 units (6.89 acres x 90 units/acre 552 units base density used as a standard for developments in areas designated DC by the General Plan Land Use element 35-Percent State Density Bonus +217 units 620 x 0.35 0 35-Percent Bonus Provided by the +217 units (620 x 0.35) 0 Housing Opportunily Ordinance Total Units 1054 units maximum 552 units proposed Although the project is proposing a total number of units (552) that is below the maximum City - prescribed density for the project site based on its acreage, the developer is able to seek up to three density bonus concessions and a waiver because it is a 100-percent affordable project. The City's Housing Opportunity Ordinance (HOO) allows developers to request up to two concessions to facilitate construction of affordable housing. However, none of the concessions listed in the HOO are being requested by the applicant. Instead, the three requested concessions and the waiver are permitted by Section 65916 et al. of the California Government Code (Density Bonuses and Other Incentives). Pursuant to California Government Code sections 65915 (d)(1) and 65915 (e)(1), a local jurisdiction is limited in its ability to deny the requested concessions and waiver and is EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 4 preempted from denying the Density Bonus Agreement application. Although the City has analyzed the project and has identified several areas of concern, the conditions of approval proposed for the project are intended to address any of the project's potential impacts. Background The Metro East Mixed Use overlay district was adopted in 2007 as a result of interest in developing mixed -use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices. Since its adoption, one mixed -use project at 1901 East First Street has been constructed and is occupied. Another affordable rental residential project by the same developer at 2222 East First Street was entitled in September 2017, and a market -rate mixed -use development at 200 North Cabrillo Park Drive is currently entitled. The California Density Bonus law allows developers proposing five or more residential units to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek up to three incentives/concessions and an unlimited number of waivers, which are essentially variances from development standards that would help the project be built without significant burden and without detriment to public health. The first version of the Density Bonus Law was adopted in 1979 and has since been amended at various times. Recent revisions allow affordable housing developers to request incentives/concessions and/or waivers for 100-percent affordable developments, even if they do not require a numerical density bonus. Moreover, in early 2017, the law was amended to restrict the ability of local jurisdictions to require studies to 'justify' the density bonus and requested incentives/waivers and places the onus on local jurisdictions to prove that the incentives/concessions or waivers are not financially warranted. Analysis of the Issues Section 8 of the MEMU regulating plan, Implementation, requires the Planning Commission to review an application for development subject to the provisions of the overlay district. Upon review of the required Site Plan Review (SPR) application, the Planning Commission may take the following actions: approve, approve with conditions, or deny the SPR. The City's Development Review Committee has reviewed the project and finds that it is incompliance with the majority of development standards contained within the MEMU regulating plan, with the exception of the four development standard deviations requested by the applicant indicated in this report. In addition, Section 41-1607 requires an application for a density bonus agreement containing "deviations" (incentivestconcessions and/or waivers) to be approved by the Planning Commission. The following subsections analyze the applicant's request for both the Site Plan Review and the Density Bonus Agreement applications. Table 4: Analysis of the Requested Incentives/Concessions (3) and Waiver (1) Standard I Analysis �• ' •. EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 5 Standard Analysis Publicly Accessible The MEMU regulating plan requires that publicly -accessible open space be provided Open Space along main street -facing fagades. Because the project has frontage on only one street, (Incentive/Concession) meeting this requirement would result in the building being pushed back significantly from First Street and would render almost the first 114 of the site's depth unusable for building area, resulting in the developer having to construct a parking structure or subterranean parking, significantly increasing building costs. Moreover, in order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel-frame/Type 1 versus wood/Type III), further increasing development costs. If the publically accessible open space standard were applied as written, the result would be a significant loss of units and parking area. Pushing the building back would also reduce the contribution to creating a more urban, walkable environment. The applicant intends to compensate for this reduction by providing a greater average square footage of private/common o ens ace per unit on the project site. Building Setbacks For a project of this size and construction type, OCFA requires 360-degree circulation (Incentive/Concession) on the project site with minimum 20-foot fire lanes. The addition of landscaping and walkways around the project perimeter results in the project not being able to meet the maximum 10-foot side yard requirement. Further, for a project of this height, the MEMU requires a 100-foot rear yard setback. In order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel -frame versus wood), further increasing development costs. Implementing this standard as written would result in the building being set back an additional 55 feet from the rear lot line, resulting in a significant loss of units and parking area. Onsite parking Constructing 2.0 parking spaces per residential unit on the project site would require (Incentive/Concession) the developer to construct an additional level of parking either above- or below -grade, resulting in increased construction costs and/or a loss of an entire level of residential units. Driveway width (Waiver) If the project were designed with narrower driveways, the driveways would not conform to minimum standards established for fire ingress/egress by OCFA and for trash truck ingress/egress established by the Public Works Agency and Waste Management, the current waste collector contracted by the City. As a result, a waiver from the maximum driveway width is required. When analyzed cumulatively, the three requested concessions could be avoided if the project were constructed using a different site plan and building type. If the project were designed with a multi- level parking and/or subterranean parking structure, or if the applicant used different building materials (non-combustible, Type 1) to construct a taller project, additional area on site would become available to provide open space and parking, and to meet the required rear yard setback. However, these changes would increase development costs, resulting in the affordable housing project becoming financially infeasible due to the significantly -increased financial implications of using Type I construction. Additional Issues The City thoroughly reviewed the applicant's request to construct the proposed project and identified several additional items for consideration. These items are listed below and analyzed in the following paragraphs. 1. Large Family Housing and Unit Bedroom Mix 60A-47 EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 6 Nearly half (48 percent) of the project's units will contain one or two bedrooms. The original project proposed at the site contained both senior and family -oriented housing in nearly 700 residential units. Following feedback from elected officials and City staff on housing needs identified in the 2014 Housing Element, the applicant revised the project to completely eliminate the senior component; the unit count was reduced to the present 552. In doing so, the applicant increased the number of multi -bedroom units. In 2010, the US Census reported that the average household size in Santa Ana was 4.37 and that the average family size was 4.54. Santa Ana's average household and family sizes are above Orange County's, which has an average household size of 3.99. As a result, the lower bedroom count of the project may serve a different segment of the population not identified in any local demographic (household or family size) figures or in the 2014 Housing Element. This issue may be exacerbated by the community's overall lower -than -average unit square footage of 1,061 square feet, which is below the 1,200-square foot unit average stated as a guideline in the MEMU regulating plan. 2. Housing Opportunity Ordinance (HOO) and the State's Density Bonus Law Under the State's Density Bonus Law, developers of affordable family -oriented housing projects may request a numerical density bonus up to 35 percent from base density. The City's Housing Opportunity Ordinance (HOO), last updated in 2015, augments the density bonus concept by allowing a developer to seek an additional 35 percent density bonus calculated from base density (SAMC Sec. 41-1904.1). Despite this opportunity for a "double density bonus," staffs interpretation of the intent of both the State law and local ordinance support the concept of mixed -income housing development, with affordable housing units forming a component of such developments. Pursuant to SAMC Sec. 41-1600, the purpose of the City's ordinance is "to provide increased residential densities to developers who guarantee that a portion of their residential development will be available to low income, very low-income, or senior (also known as "qualified") households." Moreover, 'The regulations are intended to ... provide a balance of housing opportunities for low income, very low-income, and senior households throughout the city." Mixed -income housing developments provide a "portion" of affordable units in an integrated, mixed - income development unless it is financially or physically infeasible to do so, in which case a developer may pay an in -lieu fee to facilitate construction of affordable housing developments offsite. The City's Housing Opportunity Ordinance's furthers this goal, stating that is purpose is to "encourage the development of housing that is affordable to a range of households with varying income levels" (SAMC Sec. 41-1900). It is also important to note the language in SAMC Sec. 41-1600 that encourages development of affordable housing for "households throughout the City" (geographically dispersed). The developer has recently entitled an all -affordable senior project ("Villa Court") on a project site approximately 320 feet to the east at 2222 East First Street that will contain 418 units. If approved, the proposed project would add another 552 all -affordable housing units in nearby, for a combined 970 affordable housing units in close proximity to one another. EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 7 The City is required to revisit the HOO before December 31, 2018 to evaluate any amendments to the ordinance. On May 14, 2018, the Economic Development, Infrastructure, Budget and Technology (EDIBT) Council Committee met. Staff presented a verbal update on the HOO, and the Committee discussed HOO-related topics for discussion, including geographic dispersal of units and incorporating affordable units into mixed -income projects. The HOO is silent on policies regarding all -affordable housing projects or geographic dispersing of affordable housing. Accordingly, these areas of discussions were not applied to analysis of the project. 3. Project Open Space Although stated as a guideline in the regulating plan, the project's unit sizes are generally well below the 1,200-square-foot average unit size objective. Under such circumstances, a project would typically provide greater onsite open space per unit, either as private open space or as common open space for the residents of the community. The applicant has considered this guideline and proposes to compensate through a greater average private/common open space area of 104 square feet per unit instead of the 100-square-foot minimum, which results in 2,200 additional square feet of open space. However, given the large nature of the project and the reduction in private, common, and publically accessible open space, the extra four (4) square feet per unit may be insufficient to compensate for the overall open space reduction. In addition, only 12 units of the 552 total will have balconies or terraces. 4. Development Intensity and Requested Deviations The project is proposing a project density of 80 units per acre, which is below the typical 90 units per acre assumed by the District Center General Plan land use designation that is applied to the project site. However, in reviewing the proposed project, staff drew comparisons against the recently -entitled Madison mixed -use residential and commercial community at 200 North Cabrillo Park Drive, also in the MEMU area. The Madison was entitled with an overall density of 93 units per acre (260 units on 2.79 acres). This project was able to meet all MEMU regulating plan's development standards, including open space and building setbacks, with the exception of required onsite parking and maximum driveway widths, both of which the City Council approved through variance applications. Staff analysis indicates that the Madison was able to meet all MEMU standards due to the project's site plan, which features a multi -level parking structure at the heart of the development. The location and multi -level nature of the parking structure frees additional space on the project site that enables the development to meet MEMU standards, including all forms of open space (publically accessible, common, and private/per unit). 5. Reduction in Required Parking and Proposed Shuttle and Parking Valet Service Staff has analyzed the proposed project and finds that there is potential that the project and neighborhood may be impacted by the reduced parking. The City has identified the MEMU area for high -intensity, mixed use development in order to reduce demands for parking and traffic impacts. However, the MEMU area is still in transition, and portions including the MEMU area have yet to ZI ' EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 8 redevelop and produce the pedestrian -scale environment envisioned by the plan. To mitigate these impacts, the applicant prepared a parking study that shows that providing valet service and/or a shuttle to major transit stops will reduce parking demand on the site by 150 parking spaces. The study also identifies the project and its proximity to transit will generate 105 new transit trips. Based on these factors and comparison against other major parking studies prepared by public agencies (San Diego, 2011 and Los Angeles, 2016), the parking study states that the project will have a peak demand of 349 vehicles for the residential component only and 399 parking spaces, including the commercial component. The report and staff analysis also show that the site lies along an express and a standard bus line that provide service approximately every 10 to 15 minutes during rush hour. These lines connect the project to points west (central Santa Ana, Garden Grove, and Westminster), north (Tustin, Orange, and Placentia), and east (central Tustin). As a result of the parking reduction requested for a family -oriented project, staff coordinated with the applicant to explore alternate options for reducing parking demand on the project site. In response, AMG prepared a parking management plan and draft concept for parking valet service to nearby privately -owned parking lots and to operate a shuttle from the project site to various transit stops nearby. To defer the costs of monitoring the shuttle, AMG and the City will include terms in the Density Bonus Agreement to address operations of the shuttle and/or valet service. The Planning and Building Agency, in coordination with the Public Works Agency and City Attorneys Office, have worked with the developer to refine the deal points. After careful consideration, the City and developer have agreed to the deal points, which will be incorporated into the Density Bonus Agreement and subject to review after one year. These terms are described in the "Density Bonus Agreement Deal Points' section of this staff report. 6. Additional Density Bonus Law Considerations There are no historic resources in the immediate vicinity that would be impacted by the proposed development. The project's design and operations, with the requested incentives/concessions and waiver, will not be detrimental to public health or safety as the project was reviewed by the City's Development Review Committee, which consists of representatives from Planning, Building Safety, Public Works, Housing, the City Attorney's Office, and the Orange County Fire Authority (OCFA). Should the Density Bonus Agreement application be approved, the agreement will be authorized by the City Council after the Planning Commission considers the application for the project as a whole, including the Site Plan Review and Density Bonus Agreement applications together. Density Bonus Agreement Deal Points The applicant is currently negotiating terms of the Density Bonus Agreement with the City's Community Development Agency (CDA). The terms will include deal points that are intended to provide community benefits and services to the residents of the development and the greater Santa Ana community, and to address operations and the parking shuttle and/or valet service. Community Benefits 60A-50 EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 9 • AMG and the City will negotiate ongoing onsite supportive services, programs, and amenities • AMG must ensure routine maintenance, access for inspections, and 24-hour emergency management • The project will incorporate green building features • AMG will engage in local hiring and Santa Ana work/live preference • AMG will support crime -free housing policies • AMG and the City will refine financial reporting requirements Parking Shuttle and/or Valet Service • AMG must identify which parking lots have agreed to rent out parking spaces for the valet service • AMG must identify specific shuttle stop locations and must obtain approval from the Orange County Transportation Authority (OCTA) to utilize its bus stops/pullouts as part of its shuttle service operations • All residents of driving age must disclose any owned, leased, or rented vehicles to be permitted to park on the project site or any properties as part of the valet or shuttle service • Each tenant must agree to terms prohibiting parking of his or her vehicle on any City -owned property o Every such agreement must contain penalties/consequences for violating the terms of the agreement o Terms shall also be incorporated into the City's housing plan or agreement for the project • The shuttle shall be operated by the developer and be at the developer's expense • The developer and/or management company shall maintain a copy of the shuttle's operating plan, including days, times, and frequency of service, with the City's Planning Division and Public Works Agency • The City can record a lien to collect any unpaid fines or monitoring costs • The City may require the developer and/or management company to include lease provisions that limit the number of vehicles a tenant may possess during the term of occupancy • The developer and/or management company shall work with the City's Planning Division, Public Works Agency, and City Attomey's Office to document and record the agreement Table 5: CEQA. Strategic Plan Alignment and Public Notification & Community Outreach CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach CEQA CEQA Type Previously approved environmental document EIR No. 2006-01 Reason(s) In accordance with the California Environmental Quality Act (CEQA), the recommended Exempt or Analysis action has been determined to be adequately evaluated in the previously certified EIR No. 2006-01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential 60A-51 EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 10 CEQA, Strategic Plan Alignment, and Public Notification & Community Outreach changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts would trigger the requirement for additional environmental review. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. The HRA finds that no mitigation measures are required for the project due to its distance from the Santa Ana (I- 5) and Costa Mesa (SR-55) freeways. In considering additional analysis, the applicant submitted a greenhouse gas study to indicate that the project will not negatively impact greenhouse gas reduction goals. As outlined in this staff report, the project is consistent with the City's General Plan and the MEMU regulating plan. Further, it is consistent with the density bonus provisions outlined in the City's Housing Opportunity Ordinance. The project site is located within city limits and is less than five acres in size. It is already in an urbanized setting surrounded by urban uses, and the project has not been identified as habitat for endangered, rare or threatened s ecies. Strategic Plan Alignment . `. Goal(s) and Policy(s) Approval of this item supports the City's efforts to meet Goal No. 3 (Economic Development) Objective No. 2 of creating new opportunities for businesstjob growth and encourage private development through new General Plan and Zoning Ordinance policies. The item also supports Goal 5 (Community Health, Livability, Engagement & Sustainability) Objective No. 3 to facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods. Public Notification & Community Outreach Required Measures A public notice was posted on the project site on May 25, 2018. Notification by mail was mailed to all property owners and occupants within 500 feet of the project site on May 25, 2018. Newspaper posting was published in the Orange County Reporter on May 25, 2018. The applicant held a Sunshine Ordinance community meeting on September 7, 2016 at the Saint Jeanne de Lestonnac School. Two members of the public attended: a schoolteacher from the facility and a representative from the City of Tustin. Both voiced their support for the project. No additional communications regarding the meeting were received after. The Lyon Street Neighborhood Association was contacted by phone to identify any areas Additional Measures of concern. At the time this report was printed, no issues of concern were raised regarding this application. Conclusion Based on the analysis provided within this report, staff recommends that the Planning Commission adopt a resolution approving Site Plan Review No. 2017-09 and Density Bonus Agreement Application No. 2017-02 as conditioned. All Pezeshkpour, AICP Senior Planner 60A-52 EXHIBIT 2 SPR No. 2017-09/DBA No. 2017-02 May 21, 2018 Page 11 AP:sb SAPLanning CommissbO20171SPR17-09 DBA17-02 AMG Assoc 2110 and 2114 E FUsLpc Exhibits 1. Resolution 2. Vicinity Zoning and Aerial Map 3. Site Photo 4. Site Plan 5. Unit Floor Plans 6. Building Elevations 7. Building Perspectives 8. Landscape Plans 9. Air Quality and Greenhouse Gas Technical Report 10. Health Risk Assessment 11. Parking Study and Management Plan 60A-53 EXHIBIT 2 This page left blank intentionally. 60A-54 EXHIBIT 2 LS 6.04.18 RESOLUTION NO. 2018-xx A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SANTA ANA APPROVING SITE PLAN REVIEW NO. 2017-09 AS CONDITIONED AND DENSITY BONUS AGREEMENT NO.2017-02 AS CONDITIONED FOR A NEW MIXED -USE FAMILY AFFORABLE RENTAL RESIDENTIAL AND COMMERCIAL DEVELOPMENT FOR THE PROPERTIES LOCATED AT 2110, 2114, AND 2020 EAST FIRST 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. Gene Broussard, representing Affordable Housing Land Consultants, Inc. (AMG & Associates, hereinafter referred to as "Applicant"), is requesting approval of Site Plan Review No. 2017-09, as conditioned, and Density Bonus Agreement No. 2017-02, as conditioned, to allow the construction of a new mixed -use 552-unit family affordable rental residential and commercial development at 2110 and 2114 East First Street. B. The Metro East Mixed Use overlay district was adopted in 2007 as a result of interest in developing mixed -use residential and commercial projects in its project area. The regulating plan, which establishes land uses and development standards, allows a variety of housing and commercial projects, including mixed -use residential communities, live/work units, hotels, and offices. C. The California Density Bonus law allows developers to seek increases in base density for providing on -site housing units in exchange for providing affordable units on site. To help make constructing on -site affordable units feasible, the law allows developers to seek incentives/concessions or waivers that would help the project be built without significant burden and without detriment to public health. D. On June 4, 2018, the Planning Commission of the City of Santa Ana held a duly noticed public hearing and at that time considered all testimony, written and oral. E. Section 41-595.5 of the Santa Ana Municipal Code (SAMC) requires a review by the Planning Commission of all plans within a zoning district classification combined with an OZ suffix where the applicant wants to Resolution No. 2018-xx Page 1 of 11 EXHIBIT 2 apply the overlay zone, to ensure the project is in conformity with the overlay zone plan. F. The zoning designation for the subject property is Metro East Mixed Use (MEMU) Overlay Zone (OZ-1) in the Active Urban land use district. G. The Planning Commission determines that the following findings, which must be established in order to grant this Site Plan Review pursuant to SAMC Section 41-595.5, have been established for Site Plan Review No. 2017-09 to allow construction of the proposed project. That the proposed development plan is consistent with and will further the objectives outlined in Section 1.2 for the MEMU overlay district. The proposed development project will be compatible with Section 1.2 (Objectives) of the Metro East Overlay zone. The proposed project will contain 552 residential units (including one manager's unit) with a substantial (up to 10,000 square feet) commercial component. In addition, the project has been designed to feature a public plaza at its frontage on First Street, designed for temporary activities or kiosks. Constructing 552 units in the project area will add to the residential population in the area, stimulating demand for community -serving commercial uses such as restaurants, retail stores, dry cleaning services, and other similar uses. Finally, the project meets several General Plan goals and policies, including the Land Use Element's Goal 2 (to encourage diversity of quality housing, affordability levels, and living experiences), Goal 4 (to provide adequate rental and ownership housing and supportive services), and the Housing Element's policies HE-2.3 and 2.4 (to encourage construction of rental housing, facilitate diverse types of housing, prices, and sizing). 2. That the proposed development plan is consistent with the development standards specified in Section 4 of the MEMU overlay district. Although the project complies with the majority of development standards enumerated in the MEMU regulating plan, it does not meet the requirements for publicly - accessible open space, building setbacks, off-street parking, and driveway widths. These standards require approval of incentives/concessions and/or waivers through the Density Bonus Agreement application. Resolution No. 2018-xx Page 2 of 11 EXHIBIT 2 3. That the proposed development plan is designed to be compatible with adjacent development in terms of similarity of scale, height, and site configuration and otherwise achieves the objectives of the Design Principles specified in Section 5 of the MEMU overlay district. The proposed development consists of a six -level project surrounded by multi -level and single -story structures. A single -level school campus abuts the site to the south, and single -story commercial development is to the north across First Street and east abutting the site. A midrise office building abuts the site to the west. The MEMU anticipates developments of this scale or larger in the "Active Urban" land use district, and this development would continue the scale of existing buildings in its immediate vicinity. Moreover, the project contains ground -floor non-residential (commercial and community) spaces at the front of the project, which will activate First Street. These spaces have been designed to feature ground -floor ceiling heights between 12 and 22 feet tall, enhancing the urban, mixed -use atmosphere envisioned by the MEMU overlay district. 4. That the land use uses, site design, and operational considerations in the proposed development plan have been planned in a manner that will result in a compatible and harmonious operation as specified in Section 7 of the MEMU overlay district. The proposed project is consistent with the scale and intensity of projects anticipated in the original MEMU EIR (EIR No. 2006-01) and in the MEMU overlay district regulating plan. No negative impacts from noise, air quality, aesthetics, or traffic are expected except for temporary impacts arising during construction of the project. The site's design is intended to activate its frontage on First Street by providing flexible community areas that can be programmed with activities or temporary uses, and the landscape palette has been carefully selected to complement existing landscape patterns of the surrounding land uses. H. The Planning Commission determines that the following findings, which must be established in order to grant this Density Bonus Agreement pursuant to SAMC Section 41-1607, have been established for Density Bonus Agreement No. 2017-02 to allow construction of the proposed project: 1. That the proposed development will materially assist in accomplishing the goal of providing affordable housing Resolution No. 2018-xx Page 3 of 11 60A-57 EXHIBIT 2 opportunities in economically balanced communities throughout the city. The proposed development will provide 552 affordable rental family housing units, contributing toward the City's rental housing stock to serve the needs of diverse and underserved populations. The area in which the project is proposed, the Metro East Mixed Use overlay district, currently contains one market -rate mixed use community and another entitled market -rate mixed use community. The construction of this project will contribute toward an economically balanced community by providing housing for different demographic and income levels in an area rich with employment opportunities, commercial development, and market -rate housing. 2. That the development will not be inconsistent with the purpose of the underlying zone or applicable designation in the general plan land use element. The project site is located in an area already identified in both the City's Zoning Code (the Metro East Mixed Use overlay district) and General Plan (the Land Use and Housing elements) for new residential communities. Moreover, the proposed density of 80 units per acre is consistent with the anticipated development intensity of 90 units per acre in the General Plan Land Use element, and is below the density bonus provisions in the California Density Bonus Law for family -oriented projects (35-percent density bonus) and in the City's Housing Opportunity Ordinance (35- percent density bonus). 3. That the deviation is necessary to make it economically feasible for the Applicant to utilize a density bonus authorized for the development pursuant to section 41-1603. The proposed project requires three deviations through incentives/concessions: publicly -accessible open space, building setbacks (side and rear), and offsite parking, as well as one deviation through a waiver in driveway width. The four deviations are described as follows: First, the MEMU regulating plan requires that publicly - accessible open space be provided along main street -facing fagades. Because the project has frontage on only one street, meeting this requirement would result in the building being pushed back significantly from First Street and would Resolution No. 2018-xx Page 4 of 11 �� • EXHIBIT 2 render almost the first 1/4 of the site's depth unusable for building area, resulting in the developer having to construct a parking structure or subterranean parking, significantly increasing building costs. Moreover, in order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel-frame/Type I versus wood/Type III), further increasing development costs. If the publically accessible open space standard were applied as written, the result would be a significant loss of units and parking area. Pushing the building back would also reduce the contribution to creating a more urban, walkable environment. The Applicant intends to compensate for this reduction by providing a greater average square footage of private/common open space per unit on the project site. Second, for a project of this size and construction type, OCFA requires 360-degree circulation on the project site with minimum 20-foot fire lanes. The addition of landscaping and walkways around the project perimeter results in the project not being able to meet the maximum 10-foot side yard requirement. Further, for a project of this height, the MEMU requires a 100-foot rear yard setback. In order to maintain the current proposed unit count, the developer would be required to construct additional levels, resulting in a different type of construction (steel-frame/Type I versus wood/Type III), further increasing development costs. Implementing this standard as written would result in the building being set back an additional 55 feet from the rear lot line, resulting in a significant loss of units and parking area. Third, constructing 2.0 parking spaces per residential unit on the project site would require the developer to construct an additional level of parking either above- or below -grade, resulting in increased construction costs and/or a loss of an entire level of residential units. Staff has analyzed the proposed project and finds that there is potential that the project and neighborhood may be impacted by the reduced parking. The City has identified the MEMU area for high - intensity, mixed use development in order to reduce demands for parking and traffic impacts. However, the MEMU area is still in transition, and portions including the MEMU area have yet to redevelop and produce the pedestrian -scale environment envisioned by the plan. To mitigate these impacts, the applicant prepared a parking study that shows that providing valet service and/or a shuttle to major transit stops will reduce parking demand on the site Resolution No. 2018-xx Page 5 of 11 60A-59 by 150 parking spaces. The study also identifies the project and its proximity to transit will generate 105 new transit trips. Based on these factors and comparison against other major parking studies prepared by public agencies (San Diego, 2011 and Los Angeles, 2016), the parking study states that the project will have a peak demand of 349 vehicles for the residential component only and 399 parking spaces, including the commercial component. The report and staff analysis also show that the site lies along an express and a standard bus line that provide service approximately every 10 to 15 minutes during rush hour. These lines connect the project to points west (central Santa Ana, Garden Grove, and Westminster), north (Tustin, Orange, and Placentia), and east (central Tustin). Finally, the Applicant is proposing valet service to nearby parking lots and a parking shuttle to major transit stops to further reduce the demand for on -site parking. Fourth, if the project was designed with narrower driveways, the driveways would not conform to minimum standards established for fire ingress/egress by OCFA and for trash truck ingress/egress established by the Public Works Agency and Waste Management, the current waste collector contracted by the City. As a result, a waiver from the maximum driveway width is required. The .three. requested concessions could be avoided. if the project were constructed using a different site plan and building type. If the project were designed with a multi -level parking and/or subterranean parking structure, or if the applicant used different building materials (non-combustible, Type I) to construct a taller project, additional area on site would become available to provide open space and parking, and to meet the required rear yard setback. However, these changes would increase development costs, resulting in the affordable housing project becoming financially infeasible due to the significantly -increased financial implications of using Type I construction. 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-xx Page 6 of 11 EXHIBIT 2 Section 2. In accordance with the California Environmental Quality Act (CEQA), the recommendation is exempt from further review pursuant to Sections 15162 and 15168 of the CEQA guidelines. In accordance with the California Environmental Quality Act (CEQA), the recommended action has been determined to be adequately evaluated in the previously certified EIR No. 2006-01 as per Sections 15162 and 15168 of the CEQA guidelines. All mitigation measures in EIR No. 2006-01 and associated Mitigation Monitoring and Reporting Program (MMRP) have been enforced and continue to apply to the proposed project. As required by the MMPR, a traffic impact analysis was performed to analyze any potential changes in area traffic as a result of the proposed development. The study concluded that no additional significant impacts would trigger the requirement for additional environmental review. In addition, a health risk assessment (HRA) was prepared to identify any impacts from developing a residential community near a major freeway. The HRA finds that no mitigation measures are required for the project due to its distance from the Santa Ana (1-5) and Costa Mesa (SR-55) freeways. In considering additional analysis, the applicant submitted a greenhouse gas study to indicate that the project will not negatively impact greenhouse gas reduction goals. As outlined in the accompanying staff report, the project is consistent with the City's General Plan and the MEMU regulating plan. Further, it is consistent with the density bonus provisions outlined in the City's Housing Opportunity Ordinance. The project site is located within city limits and is less than five acres in size. It is already in an urbanized setting surrounded by urban uses, and the project has not been identified as habitat for endangered, rare or threatened species. Section 3. The Planning, Commission of the City of Santa Ana, after conducting the public hearing, hereby approves Site Plan Review No. 2017-09 and Density Bonus Agreement No. 2017-02 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 Planning Commission Action dated May 14, 2018, and exhibits attached thereto; and the public testimony, written and oral, all of which are incorporated herein by this reference. ADOPTED this 0 day of June, 2018 by the following vote: AYES: Commissioners: NOES: Commissioners: ABSENT: Commissioners: ABSTENTIONS: Commissioners: Resolution No. 2018-xx Page 7 of 11 60A-61 EXHIBIT 2 Mark McLoughlin Chairman APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Bv: Lisa Storck Assistant City Attorney CERTIFICATE OF ATTESTATION AND ORIGINALITY I, SARAH BERNAL Recording Secretary, do hereby attest to and certify the attached Resolution No. 2018-xx to be the original resolution adopted by the Planning Commission of the City of Santa Ana on June 4, 2018. Date: Recording Secretary City of Santa Ana Resolution No. 2018-xx Page 8 of 11 60A-62 EXHIBIT 2 Site Plan Review No. 2017-09 and Density Bonus Agreement No. 2017-02 are 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, it shall meet the following conditions of approval: The Applicant must comply with each and every condition listed below Prior to exercising the rights conferred by this site plan review. The Applicant must remain in compliance with all conditions listed below throughout the life of the development project. Failure to comply with each and every condition may result in the revocation of the site plan review. A. Planning Division All proposed site improvements must conform to the Development Project Review approval of DP No. 2016-33. 2. Prior to issuance of building permits for above -ground construction, the Applicant shall record terms into an agreement with the City of Santa Ana detailing operations of the proposed shuttle and/or valet service. The terms and contents of the agreement may be included in any required density bonus and/or inclusionary housing agreement and shall be reviewed and approved by the Planning Division, Public Works Agency, and City Attorney's Office prior to recordation. Upon review and approval, proof of the agreement's recordation shall be submitted to the Planning Division prior to building permit issuance. After 12 months of operation, the Applicant shall prepare a review of the operations detailed in the agreement, including the shuttle and/or valet services, for review and analysis by the City, after which modifications and/or alternate parking reduction strategies will be considered if necessary. Any modifications and/or alternate parking reduction strategies will be reviewed by the Planning Manager, after which a determination will be made if the agreement can be amended by the City Manager or his designee, or if the Planning Commission must review any new proposed conditions of approval. The initial "deal points" are outlined below: • AMG must identify which parking lots have agreed to rent out parking spaces for the valet service • AMG must identify specific shuttle stop locations and must obtain approval from the Orange County Transportation Authority (OCTA) if it wishes to utilize its bus stops/pullouts as part of its shuttle service operations Resolution No. 2018-xx Page 8 of 11 EXHIBIT 2 • All residents of driving age must disclose any owned, leased, or rented vehicles to be permitted to park on the project site or any properties as part of the valet or shuttle service • Each tenant must agree to lease terms prohibiting parking of his or her vehicle on any City -owned property o Every such agreement must contain penalties/consequences for violating the terms of the agreement o Terms shall also be incorporated into the City's housing plan or agreement for the project • The shuttle shall be operated by the developer and at the developer's sole expense • The developer and/or management company shall maintain a copy of the shuttle's operating plan, including days, times, and frequency of service, with the City's Planning Division and Public Works Agency • The City can record a lien to collect any unpaid fines or monitoring costs • The developer may require include lease provisions that limit the number of vehicles a tenant may possess during the term of occupancy • The developer and/or management company shall coordinate with the City's Planning Division, Public Works Agency, and City Attorneys Office to document and record the agreement 3. Prior to issuance of building permits for above -ground construction, the Applicant shall provide the City of Santa Ana a copy of a recorded easement for reciprocal access (ingress, egress, and fire access) for any and all proposed shared drive aisle(s) between the project site and the adjacent property to the west. 4. Any amendment to this site plan review, including modifications to approved materials, finishes, architecture, site plan, landscaping, unit count, mix, and square footages must be submitted to the Planning Division for review. At that time, staff will determine if administrative relief is available or if the site plan review must be amended. 5. A residential property manager shall be on site at all times that the project is occupied and the developer and onsite management shall at all times maintain a 24-hour emergency contact and contact information on file with the City. 6. All mechanical equipment shall be screened from view from public and courtyard areas. 7. A final detailed amenity plan must be reviewed and approved prior to issuance of any building permits. The plan shall include details on the hardscape design, lighting concepts and outdoor furniture for amenity, plaza, or courtyard areas as well as an installation plan. The exact specifications for these items are subject to the review and approval by the Planning Division. Resolution No. 2018-xx Page 9 of 11 EXHIBIT 2 91 43 Prior to installation of landscaping, specifications of all trees to be installed by the Planning Division. Specification; box size (24 inches minimum), brown and location of the supplier. the Applicant shall submit photos and on the project site for review and approval shall include, at a minimum, the species, .rank height (10-foot minimum), and name After project occupancy, landscaping and hardscape materials must be maintained as shown on the approved landscape plans. 10. A Resident Storage Plan shall be provided for the project prior to occupancy. Storage shall be available at no cost to the residents. 11. Prior to issuance of building permits, the Applicant shall submit a construction schedule and staging plan to the Planning Division for review and approval. The plan shall include construction hours, staging areas, parking and site security/screening during project construction. Resolution No. 2018aoc Page 10 of 11 EXHIBIT 2 This page left blank intentionally. 5/3/2018 SPR 2017-09 & DBA 2017-02, "AMG First Point" EXHIBIT 2 e Santa Ana Boundary I1 C1 g& i 4 , Al i TOI. Y$ 9'.. I � f ��O1 FAQ>Zl ❑ G <.m. _.� w I .a wens. !.. it � 1 � � ♦ � / �1 L G. m I, rE --. - 1 L!C C M �G E tim 103 Exhibit 2 - Vicinity Zoning a http://apps.spatialstream.com/produ cf on/dashboard/8/9/0/CumeniBuil"Am67m I 11 rd Jnl a ninimf Mnn Pmdutl All rinhl° Gecnrvrtd 1/1 �. vM.F•v l.! 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P 4 � �{ �F�f} � ���' 3�! �� �s`E�Ea !�_g � p� jai' i �$ ��� ��1� 4��E}}9B ;!! s Jim ' ,I : t J > 11 aaasa a as .a 3a a ?dl�. c e a c e c .ee:cecea8e .®aaaaaaaat 4➢ Q 0 3 4� O w m Q w 14 L1Li_ 1 jT`}1 ~ EllTj _ d � , J co � q dd AGI� Q$Q$ y7{Y ® b L 9 il CD _ W Old, <® a u r c e I 60A-75 g y pyat< VIN?JO�IlV7 LUNY V1NV5 13321151S21I� 3 bIIZO iI: - SNV7.1 1NgNaAO>JadWl 2dY7SQNVl JV OIN3S !III, 13521_5.LSNW 15V3 9AVI�y��,II appUUU ! 1 1 1 a a u !W1— l m � Y a ; As a (a D U LL 'U S ' U a OW .. t 92 8 � �3 �� �� ���f�i�]y FZ J •@� a�S �ryG ��a� �Z 0 n J 1 _ h uR }eSd FOFO 6 oa���Yi2 h {ey! a- Y • Jd Y rd i.. 4 a 4 d J 6Y rd Y 0 � LL V \ < m Y S own Y LL � w a o a w m o w mau W o c g § pgp78 }J rp � z a ��■4s�� € �� Eje n{]�� z L� �Itl;y� s ggF p! z r 3 222 y� ����V J E U Y Ji dY f d UdJ EXHIBIT 2 Exhibit 9: Air Quality and Greenhouse Gas Technical Report is available for review at the following locations: http://santa-ana.org/pba/planning/AMGMixedCommunitV.asp Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 EXHIBIT 2 Exhibit 10: Health Risk Assessment is available for review at the following locations: http://santa-ana.org/pba/planning/AMGMixedCommunity.asp Planning and Building Agency Planning Counter, First Floor 20 Civic Center Plaza Santa Ana, CA 92701 60A-79 EXHIBIT 2 Abrams Associates A,000 TRAFFIC ENGINEERING, INC. May 2, 2018 Alexis Gevorgian AMG Associates, LLC. 16633 Ventura Boulevard, Suite 1014 Encino, CA 91436 Re: Parking Demand Analysis for the 2114 E. 1st Street Apartments I I� III I :Za] bills] I Is] ki This report describes the parking demand characteristics of the proposed mixed -use project located at 2114 E. 1st Street in the City of Santa Ana. The purpose of this report is to present the expected parking demand of the proposed project. PROJECT DESCRIPTION The 2114 E. 1st Street Apartments is proposed to be a mixed use project with 552 apartment units over ground floor retail and a 620 space parking garage. There will also be 10,000 square feet of ground floor retail space. The project is located on the southeast corner of 1st Street and East 1st Street in the City of Santa Ana. The site is currently occupied by a used car dealership several other businesses in a single store office building. TRANSPORTATION SETTING Surrounding Land Uses - The project would be located within walking distance of shopping, restaurants, and a number of major employers such as Caltrans, the Social Security Administration, Kaiser Permanante's Offices, the Tustin Rehabilitation Hospital, and the Orange County Global Medical Center. Roadway Network - The primary roadway that would be affected by this project is 1 st Street. 111 Street is a six -lane street along the frontage of the project, and changes to have two eastbound lanes just east of the project site. It is an arterial street with traffic signals at all major intersections but no parking is permited in the vicinity of the proposed project. E. 1s` Street is a two-lane private dead end road that currently has on -street parking that is designated as being restricted to authorized vehicles only. Please note that E. 1 st Street is within the boundary of the project site and would be realigned as part of the proposed project. Transit Service - There is bus transit service provided by Orange County Transportation Authority (OCTA) adjacent to the project. Route 64 operates next to the project site with connections to other bus routes at Larwin Square in Tustin and at the Westminster Mall in EXHIBIT 11 1875 Olympic Boulevard, Suite 210 • Walnut Creek, CA 94596 - 925.945.0201 - Fax: 925.945.7966 60A-80 Page 2 of 8 —2114 E. 151 Street Parking Demand Analysis Abr9N W'Ts6ciates TRAFFIC ENGINEERING, INC. Huntington Beach. Please note the nearest bus stops are less than a block from the site. About two blocks away are bus stops for Routes 71 and Express Route 64X. PARKING DEMAND ANALYSIS This section discusses the estimated parking demand for the project. The proposed project is proposing to provide on on -site parking garage with 620 spaces. The amount of auto use would be less than a typical apartment project as a result of the affordability component of the project and the proximity to transit. As a result, it is expected some auto trips would be replaced by transit trips, pedestrian trips, and bicycle usage. There are a couple factors that the City could consider when reviewing parking demand for this project. These include: 1. Residential Parking Demand for Transit Oriented Developments -There is extensive evidence available that apartment units in transit oriented developments generate less parking demand than market rate units. 2. Affordable Housing Parking Generation Rates - There is also extensive evidence that affordable apartment units generate less parking demand than market rate units. Residential Parking Demand for Transit Oriented Developments - For a location in business district with bus transit access (and located near major employers), the parking demand would be less than the typical parking demand rate in the ITE Parking Generation Manual. The availability of transit, the use of bicycles, and the attractiveness of walking in the mixed -use business district environment would clearly result in reduced vehicle trip generation and an associated reduction in the need for parking. Since it is anticipated that a higher portion of all travel will occur by walking, bicycling, and through the use of public transit, it is expected that some of the apartment residents would not have personal vehicles. According to S.B. 743 a project's parking impacts are no longer be considered significant impacts on the environment if the project is a Transit Oriented Development (TOD). In the State of California a TOD is defined as a project that is 1) residential, mixed -use residential, or an employment center project, and 2) located on an infill site within a transit priority area. A transit priority area is defined as being an area within one-half mile of a major transit stop. A major transit stop is defined as containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. In the case of the proposed project all of these criteria are met with one minor exception. Less than two blocks away there is a intersection of two major bus routes. While the overall frequency of the bus service at the intersection is 15 minutes one of the lines at the intersection (Route 71) operates on slightly higher service intervals of about 20 minutes. L. 1 Page 3 of 8 — 2114 E. 15' Street Parking Demand Analysis Abl-NNNITs6ciates TRAFFIC ENGINEERING, INC. The project is also proposing to meet the major transit stop requirement by providing a shuttle service to the Santa Ana Regional Transit Center. The Santa Ana Regional Transportation Center (SARTC) is a major transfer center that provides access to regional Amtrak and Metrolink rail services as well as intercity and interstate bus transportation. The shuttle is planned to include service during the weekday peak commute hours with a maximum headway of 15 minutes using a 20-passenger shuttle bus. Other than the project itself, the shuttle would include the following stops to serve residents: V Street at Cabrillo Park Drive 1 st Street at Lyon Street 1 sc Street at Grand Avenue 1 sl Street at Standard Avenue Santa Ana Boulevard at Santiago Boulevard (The Santa Ana Regional Transit Center) Grand Avenue at Santa Ana Boulevard Based on data from MTC's travel survey for projects within 1 mile of a train station, during the peak commute hours the project would be forecast to generate approximately 105 transit trips. However, please note that that it is forecast that approximate three quarters of these trips would be expected to use the planned shuttle service and the other 25% of these transit trips would be made via existing public transit in the area. Again, please note that there are public bus stops located less than a block from the site. With the addition of the shuttle service to the SARTC the project will meet the definition of a transit oriented development (subject to City approval) and, as such, a reduction in the parking demand from the project would be forecast to occur. Based on a detailed analysis of 12 large TOD housing projects the parking demand for the proposed project, when compared to a project without any major transit stops nearby, would be expected to be reduced by a minimum of 23%. Therefore, the addition of the shuttle service is estimated to equate to a minimum reduction in parking demand of approximately 150 parking spaces.' In addition, the detailed surveys of TOD housing projects have found that the peak parking demand recorded at TOD sites has been found to be a minimum of 45% less than the peak parking demand rates for apartments published by the Institute of Transportation Engineers (ITE).z For the proposed project (ITE Land Use Code 222) the peak parking demand for non-TOD sites is 1.37 vehicles per unit. Therefore, based on surveys of similar TOD apartment projects the parking demand is forecast to be approximately 0.62 vehicles per unit, meaning the parking demand for the residential portion of the project could reduced for transit access by as much as 414 spaces (i.e. the Statewide Transit Oriented Development (TOD) Study Special Report— Parking and TOD: Challenges and Opportunities, Business, Transporation, and Houiing Agency of the Calfiornia Department of Sacramento, CA, February, 2002. z Parking Generation at Transit -Oriented Developments: Five US Case Studies, Reid Ewing, College of Architecture and Planning, Univerisyt of Utah, Salt Lake City, UT, November 2016. �� • Page 4 of 8 — 2114 E. 1" Street Parking Demand Analysis Abra?s1W,sTs9dates TRAFFIC ENGINEERING, INC. maximum potential reduction). Please note these reductions are based on market rate units near major transit stops but do not account for the affordability component of the project. Affordable Housing Parking Demand - There is extensive evidence that trip generation and parking demand at affordable housing projects is substantially less than would occur at a comparably sized market -rate apartment project. The following is a summary of some available data on this subject: City of Los Angeles Affordable Housing Survey - For example, a 2016 survey of affordable housing sites in the City of Los Angeles indicated the daily traffic generated at the sites was approximately 40% less than the ITE rates for market rate housing? Please note the City of Los Angeles allows up to a 50% reduction in parking for affordable housing projects. City of San Diego Affordable Housing Parking Study - The City of San Diego conducted an affordable housing parking study in 2011.4 About 2,750 surveys were distributed to 34 affordable housing developments. The survey found that parking demand for affordable projects is about one half of typical rental units in San Diego; almost half the units surveyed had no vehicle. The survey indicated that in urban areas (defined as somewhat conducive to walking with moderate transit access) affordable housing units had an average of 0.5 vehicles per household. Please note that affordable housing in central business district (core) area for very low income households were found to be as low as 0.1 cars per household. Assembly Bill No. 744 Planning and Zoning: Density Bonuses - It is also important to note that A.B. 744 allows developers of low income housing types to request lower parking minimums. Based on A.B. 744 it appears that mixed -income housing within'/2 mile of a well -served transit stop and with at least 11 percent of the units set aside for extremely low-income residents or 20 percent set aside for low-income residents theoretically requires only 0.5 parking spaces per bedroom. According to the California Public Resources Code a well -served or "major transit stop" means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. In the case of the proposed project there is a intersection with two major bus routes located much less than a '/2 mile from the site (about 700 feet from the site). At the nearby intersection of 15t Street and N. Tustin Avenue Route 64 and 64X operate with approximately 15 minute headways and Route 71 operates with approximately 20 minute headways. In addition the project is also proposing to provide shuttle service to the Santa Ana Regional Transporation Center with 15 minute headways. This proposed service is decribed in more detail below. It should also be noted that ' Transportation Impact Study Guidelines, City of Los Angeles, Los Angeles Department of Transportation, CA, December, 2016. 4 Affordable Housing Parking Study, City of San Diego, San Diego, CA, February, 2011. Z� • Page 5 of 8 — 2114 E. 151 Street Parking Demand Analysis Abr§&1W,Ts6dates TRAFFIC ENGINEERING, INC. to meet the requirements of A.B. 744 projects must provide unobstructed access to the transit stop that they are near, meaning that a resident must be able to access the stop without encountering natural or constructed impediments. Based on our review this requirement would be met since there is an existing sidewalk between the project site and the transit stop in question. SUMMARY OF FINDINGS ON PARKING Table 1 presents a summary of the project's parking requirements and forecast demand based on the City's code, the ITE parking generation rates, the referenced transit oriented development studies, and also the affordable housing surveys. The residential parking provided would be forecast to generate a demand for about 756 spaces based on the unadjusted ITE parking rates.5 This publication indicates that market rate apartments (ITE Land Use Code 222) typically generate a maximum peak parking demand of 1.37 vehicles per unit. Table 1 Off -Street Parking Calculations Data Source Land Use Size Parking Ratio Required Spaces City of Santa Ana Municipal Code Apartments 552 units 1.25 690 City of Santa Ana Municipal Code Retail 10,000 sq. ft. 5 50 Municipal Code Parking Requirement 740 ITE Parking Demand Rates Apartments 552 units 1.37 756 ITE Parking Demand Rates Retail 10,000 sq. ft. 2.55 26 ITE Unadjusted Demand Estimate 782 Transit Oriented Development Rates Apartments 552 units 0.62 342 ITE Parking Demand Rates Retail 10,000 sq. ft. 2.55 26 TOD Parking Demand Estimate 368 Affordable Housing Rates Apartments 552 units 0.5 276 ITE Parking Demand Rates Retail 10,000 sq. ft. 2.55 26 Affordable Housing Parking Estimate 302 2010. 5 Parking Generation Manual, 41h Edition, Institute of Transportation Engineers, Washington D.C., Z• Page 6 of 8 — 2114 E. 151 Street Parking Demand Analysis AbrgNINTs6ciates TRAFFIC ENGINEERING, INC. Based on the most recent data available from the City of Los Angeles affordable housing projects generate about 40% less vehicles per day than a typical market rate apartment building. Based on this data the residential portion of the project would have an estimated parking demand of approximatrely 302 vehicles. Therefore, with the proposed shuttle service to meet the transit access requirements the City could consider making the findings that allowing the project to proceed with 0.5 spaces per unit is reasonable and appropriate. This could be based, in part, on the fact that this is an affordable housing project in a location within walking distance of bus transit and major employment centers. If this were approved, the following is a calculation of the potential parking requirements: 552 units times 0.5 spaces per unit equals 276 parking spaces. Including the 50 spaces required for the retail space would increase the net total parking requirement for the project 326 parking spaces. The justification is as follows: Transit Services - There are existing bus stops less than one block from the site that provide direct access other regional bus routes in the area. Route 64 operates next to the project site with connections to other bus routes at Larwin Square in Tustin and at the Westminster Mall in Huntington Beach. About two blocks away are bus stops for Routes 71 and Express Route 64X. In addition to these services the project is proposing to provide free on -demand shuttle service to the Santa Ana Regional Transportation Center for residents that would operate on 15 minute headways during the peak commute hours. The Santa Ana Regional Transportation Center (SARTC) provides access to regional Amtrak and Metrolink rail services and also intercity and interstate bus transportation. City of Santa Ana General Plan Policies - The City of Santa Ana has a number of policies that support a reduction in on -site parking. These include policies related to the goals of increasing the use of public transit, limiting increases in vehicular -traffic, improving air quality, limiting fuel consumption, and improving conditions for pedestrians in the area. Each of these factors, goals, and objectives is described in the City's General Plan. These policies could provide additional support for making the findings to approve the project with reduced parking. Assembly Bill No. 744 - The proposed project is within two block of an intersection of two major bus routes, which is clearly much less than the typical ''/z mile requirement for a project to be considered a transit oriented development. At the nearby intersection of 15' Street and N. Tustin Avenue Route 64 and 64X operate with approximately 15 minute headways and Route 71 operates with approximately 20 minute headways. However, it is important to note that this project will provide additional demand for bus service in the area and the applicant has said they plan to open a discussion with OCTA about increasing the frequency of service. As mentioned above, the project is also proposing to provide shuttle service to the Santa Ana Regional Transporation Center with 15 minute headways. This would provide a direct and convienient connection to the Santa Ana Regional Transportation Center. The Santa Ana Regional Transportation Center (SARTC) provides extensive access to numerous transit services including Amtrak and Metrolink rail services, multiply OCTA bus routes, airport and taxi services, and also intercity and interstate bus transportation. Z� • e Pa 7 of 8 — 2114 E. 1" Street Parking Stt Pkin Demand Analysis Abrasgciates Page 9emanTflW'TRAFFIC ENGINEERING, INC. CONCLUSIONS The proposed project qualifies as a transit oriented development due to its close proximity to a major transit stop where two major bus routes intersect. While the applicant is expecting to open discussions with OCTA about increasing the frequency of bus service near the project site, the project will not rely on this to achieve alternative transportation goals. To ensure the project fully qualifies as a transit oriented development the project is also proposing to provide residents with private shuttle service to the Santa Ana Regional Transporation Center with 15 minute headways. If the City were to allow the applicant to provide 0.5 spaces per unit, as specified by A.B. 744, the parking required for the project would theoretically be 326 parking spaces. Please note this includes the 50 spaces required for the retail uses. The parking demand can also be estimated based on the 4th Edition of the ITE Parking Generation Manual. Since the project is two blocks from a major transit stop and will be providing free shuttle service to the SARTC, the proposed project would be expected to have a 23% reduction to the ITE parking demand.' In addition, an additional reduction to the ITE forecasts can be applied due to the fact that the entire project would be restricted to residents making 60% or less of the Area Median Income (AMI). The City of San Diego's 2011 Affordable Housing Parking Study found that parking demand for affordable housing projects is about one half of typical rental units in San Diego and almost half the units surveyed had no vehicle. However a more conservative esimate comes from the 2016 survey of affordable housing sites conducted by the City of Los Angeles. This study determined that the number of vehicles generated by affordable housing projects is about 40% of what is generated by comparably sized market rate projects. Using the assumptions above the residential portion of the project is forecast to have an unadjusted peak parking demand of 349 vehicles. Including the 50 spaces required for the retail space would increase the forecast total peak parking demand for the project to 399 parking spaces. Please note that if it were conservatively assumed that all the affordable housing sites surveyed in the Los Angeles study also had excellent transit access (and the separate reduction for transit access was eliminated from the parking calculations) then the project would have a forecast average peak parking demand of 504 vehicles. Based on the proposal to accommodate this demand with an on -site parking garage with 620 parking spaces our conclusion is that no parking impacts to the surrounding roadways or properties in the area would be anticipated. Page 8 of 8 — 2114 E. V Street Parking Demand Analysis Abr§6s'WisTs6dates TRAFFIC ENGINEERING, INC. Please don't hesitate to contact me if you have any questions about this information. Sincerely, lk ' Stephen C. Abrams President Abrams Associates T.E. License No. 1852 �. 1 Y _ •��� 41 s ly 1" AT § ♦_ 1� . At WL L IN R I= , it f� !A4� � ILI a .• r -V a 0 u N H m X LU O a L.■ LL Cl) O '1 (0 O N C) Q . � ` (u N 'CU •L I..I.. 'N i cu0.-a LL cum C Co n �c: V1 4-1 () W }J n V) AMA r H O CL O � ■ LL I I' Fill 11!I, a 0.. LL n 00 E 1 0) WO ol orl o I 4 ice opj aa 0 IT .11 w N m X W N J Z) . v / c O •C/) • U) N O N (u N U co U) 0 O > U O .� CL O � r � � co n a) OE LOa co 60A-92 N F m V O X w ~ C N O cu Cl) 0 Q i -� cn O L • — � += .L cu co Q 3 � _ co O C� � .� ._ c� v, U) I— c/) 4— N C: . _ c6 cu ° 0 C: 70 }' C: o U Q O � 4— L.L U (n I I I I I 0 Jc ti 0 CL 0 L iL l .. En w r U� O c cu n a) N E Lo 0) wo 10 r I N rL X �• W 9 m m Lm 4W E a 0 a rj u r? l !r ti c} w Q LU G7 n ti ku Y U) LLI ry , lei j tl ca / 7 � O Q � CD L � F O 4—i 5 co n _0 T c O O E L � Q U 0) a) -t m cU -C U CO (6 O Q li 0— CO 2 Cn I Cj I I I I l •, N m °B W c N £ d m .N E XB vo •{ !rJ 'a m ' E �atl AJ8 4'%r • �' W u % �A4 �03 Z m LL O N j N AS Q Q */P BA N • W '� °O F �• N y z lac �-' y e va iC 4-1 {�- sa a e vim, `•�`•� ' UO�/� ^�'' — -g9--C t- YJ W -rt v ��a ��yO��b• H � m�a�m �A o ra0 m mo o r y m xo- ci au lmcu ' ❑©gvvevevo❑ IIQvevvvevvveev �cr W 4-0 'o N d N N N cn O �--� E c c i+ Q U s -S N ca Lm fn (u O N coC:N N E 2 � , C N O Q U U O 2 U) i v i 60A-97 N t m x w d L 0 c n 4-1 coE L� �CU C- CU U) REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 07, 2019 TITLE: APPROVE SECOND AMENDMENT TO THE AGREEMENT WITH ALLIED UNIVERSAL SECURITY SERVICES FOR UNARMED SECURITY GUARD SERVICES AND INCREASE CONTRACT AMOUNT BY $53,428 TO PROVIDE SERVICES AT THE SANTA ANA WORK CENTER (STRATEGIC PLAN NO. 6, 1C) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: • T9 _ g ❑ As Recommended ❑ As Amended ❑ Ordinance on 1s' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For a. F CONTINUED TO MAY 21 2019 FILE NUMBER Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreement with Allied Universal Security Services to increase the contractual amount by a total of $53,428 not to exceed a total annual compensation of $1,225,215 to perform unarmed security guard services at various City locations, for a three-year period beginning June 1, 2017, and expiring May 31, 2020, subject to non -substantive changes approved by the City Manager and City Attorney. DISCUSSION The Santa Ana WORK Center (SAWC) provides job search assistance and career counseling resources to the public and is in need of security guard services. Job seekers make use of a public computer lab, workshops and job fairs. Attendance averages about 150 visits per day, with significant increases when job fairs are hosted. Security guard services are needed to assist in the enforcement of SAWC Center code of conduct, policies and procedures, ensure that patrons are directed to appropriate areas as needed during public events, and deter any acts that interfere or disrupt SAWC activities. To provide security guard services at the SAWC, staff recommends amending the City's current Agreement to Provide Security Guard Services with U.S. Security Associates that was procured through a formal and competitive Request for Proposal process. On May 16, 2017, City Council entered into an agreement with U.S. Security Associates in the amount of $1,154,532 to provide unarmed security guard services for various City facilities through May 31, 2020. A First Amendment was approved by City Council on December 19, 2017 to increase the existing contract contingency fee by $17,255 to provide temporary security services at an additional site. h' o. 1 Agreement Amendment with Allied Universal Security Services May 7, 2019 Page 2 The City locations currently covered by the agreement include: City Hall Santa Ana Regional Transportation Center Ross Annex Corridor to Su erblock Santa Ana Police Department Santa Ana Public Library Santa Ana Zoo at Prentice Park OC Courthouse Library Parking Structure Santa Ana Court Yard Santa Ana Senior Center Centennial Park Newho a Branch Library 625 S. Cypress Avenue Staff recommends increasing the contingency by $53,428 to expand the scope of services to include the SAWC. Additionally, the amendment would reflect the change of the contractor's name to Universal Protection Services, LP, dba Allied Universal Security Services due to the Allied Universal Security Associates purchase and merger with U. S. Security Associates in October, 2018. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #6 Community Facilities & Infrastructure, Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy C (Invest resources and technology to extend the service life of existing infrastructure to protect the City's investment and support a high quality of life standard). FISCAL IMPACT Under the Workforce Innovation and Opportunity Act (WIOA), local workforce boards, with the agreement of the local elected body, are responsible for developing a Memorandum of Understanding (MOU) with each of the America's Jobs Center of California (AJCC) partners to identify shared services, resources, and share in the operational costs of the WORK Center. The City, as the lead agency, entered into the master lease agreement for the office space at 801 W. Civic Center Drive on October 3, 2017. Additionally, in FY 2017-18, the WORK Center paid all the initial infrastructure costs necessary to prepare the new center for occupancy. This second amendment will provide security guard services to this location for approximately thirteen months in an amount not to exceed $53,428. The WORK Center will pay Allied Universal Security Services directly and the AJCC partner organizations will provide reimbursements for their share of the cost. The FY 2018-19 amount of $7,451 is budgeted and available in the Workforce Innovation Opportunity Act (WIOA) grant, Contract Services account (no. 12318751-62300). Funds for future fiscal years will be included in each respective fiscal year budget to be approved by City Council on an annual basis. Account Account Description FY 18-19 FY 19-20 Total 12318751-62300 Contract Services $ 7,451 $ 45,977 $ 53,428 �. 1 Agreement Amendment with Allied Universal Security Services May 7, 2019 Page 3 The table below reflects the estimated reimbursement amounts for the security guard costs from the County of Orange Social Services Agency (SSA), SER — Jobs for Progress, Inc. (SER), State of California Department of Rehabilitation (DOR), State of California Employment Development Department (EDD) and the Santa Ana Housing Authority (HA) for the duration of the amended agreement. The partner organizations will be invoiced for their share of the AJCC monthly security guard costs and the funds will be deposited upon receipt into the WIOA grant, Contract Services account (no. 12318751-62300). Organization Percentage FY 18-19 FY 19-20 Total EDD 43.58% $ 3,247 $ 20,037 $ 23,284 SSA 6.17% 258 2,837 3,095 DOR 1.13% 84 520 604 SER 2.27% 169 1,042 1,211 HA 1.13% 84 520 604 Total 54.28% $ 3,842 $ 24,956 $ 28,798 Funds in the amount of $84 for the Housing Authority's share of the monthly security costs for expenditure in FY 2018-19 are available in the following Housing Authority Voucher Ad min account, and funds for future fiscal years will be included in each respective fiscal year budget to be approved on an annual basis: Account Account Description FY 18-19 FY 19-20 Total 14018760-62300 Contract Services $ 84 $ 520 $604 The amounts may be subject to change upon execution of amendments to the Memorandum of Understanding with the partners. Steven A. Mendoza Executive Director Community Development Agency Exhibit: 1. Second Amendment APPROVED AS TO FUNDS AND ACCOUNT: Kathryn Downs, CPA Executive Director Finance and Management Services Agency o. 1 I EXHIBIT 1 SECOND AMENDMENT TO AGREEMENT TO PROVIDE SECURITY GUARD SERVICES THIS SECOND AMENDMENT TO AGREEMENT is made and entered into this 7a' day of May, 2019, by and between Universal Protection Service, LP, dba Allied Universal_ Security Serv_ices;,a California limited partnership ("Contractor"), and the City of Santa Ana, a charter cityand municipal corporation, organized and existing under the Constitution and laws of the State of California ("City"). RECITALS A. The City and Contractor entered into an Agreement to Provide Security Guard Services, No. A-2017-130, dated May 16, 2017, for Contractor to provide unarmed security guard services for various City facilities ("Agreement"). B. Thereafter, the City and Contractor entered into a First Amendment to Agreement to Provide Security Guard Services with U.S. Security Associates, No. A-2017- 351, to provide additional funding to the contingency amount to provide for additional temporary services under said Agreement. C. In accordance with the terms and conditions of said Agreement, the Parties wish to amend said Agreement to expand tlie scope of services to include the City of Santa Ana Work Center and increase total compensation of said Agreement. D. In accordance with the terms and conditions of said Agreement, the Parties also wish to amend said Agreement to reflect the change of Contractor's name from U.S. Security Associates 4o Universal Protection Service, LP, dba Allied Universal Security Services, after Allied Universal Security Associates purchased and merged with U.S. Security Associates. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions of said Agreement, except as herein modified, the parties agree as follows: Section 1, SCOPE OF SERVICES, shall be amended to add the Santa Ana Work Center to the list of City facilities receiving unarmed security services. The specific scope of services for the Santa Ana Work Center is attached herewith as Exhibit A and incorporated herein by reference, which shall be an addendum to the original Exhibit B to said Agreement. 2. Section 2, COMPENSATION, subsection (a), shall be amended to increase the compensation by an additional $53,427.85, to cover the additional services at the Santa Ana Work Center through May -31, 2020, such that the total sum to be expended under said Agreement shall not exceed $1,225;214.85 during the term of said Agreement. A revised and updated version of Contractor's Certification and Proposal Item Pricing is attached herewith as Exhibit B and incorporated herein by reference, which shall replace Exhibit C to said Agreement. Page 1 of 4 60B-5 ::cum 3. All references to "U.S. Security Associates" shall be changed to 'Universal Protection Service, LP, dba Allied Universal Security Services". 4. Except as hereinabove modified, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first above written. CITY OF SANTA ANA ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City /Attorney BY: I RyadHodge Assis tit City Attomey FOR APPROVAL: STEVEN A. MENDOZA Executive Director Community Development Agency Kristine Ridge, City Manager ALLIED UNIVERSAL SECURITY SERVICES: STEVE C+as�1 -General-Manage, Q��.D�,� Page 2 of 4 EXHIBIT 1 Santa Ana Work Center Scope of Services Page 3 of 4 60B-7 EXHIBIT 1 EXHIBIT A THE SANTA ANA WORK CENTER The Santa Ana WORK Center is located at 801 W. Civic Center Drive Ste. 200, Santa Ana CA 92701. The WORK Center combines resources from various agencies to provide integrated job and workforce development services, including job search assistance, employee referrals and placement, unemployment insurance filing, and career counseling for adults and youth. The WORK Center suite averages 150 client visits per day. The hours of operation are from 8:00 AM to 5: 00 PM Monday thru Friday. Workshops in both English and Spanish (for limited English speaking adults) take place several times a week. Periodically job fairs are conducted. Attendance at job fairs averages between 20 to 60 people. L; jSCOPE 1. Roving patrol of building interior, include —but not limited to the following tasks: -Ensure that meeting rooms are locked when not in use, -Watch for drug activity, vandalism and graffiti, weapons, alcohol, open food containers and other acts that interfere with or disrupt WORK Center activities -Hourly inspection of public restrooms. -Ensure that all patrons exit the WORK Center as closing time approaches 2. Complete incident and daily operating reports. Provide WORK Center Management copies of reports on a weekly basis 3. Complete electronic reports for incidents in which he/ she is directly involved; take pictures, as needed. 4. Notify Santa Ana Police Department if police intervention is required. 5. Respond, as necessary, to other life safety duties as identified in post orders and standard operating procedures. 6. Direct patrons to areas within the WORK Center as needed. 7. Enforce the WORK Center's Rules of Conduct. 8. Escort employees, as needed, to parking locations. 9. Required guard qualifications: -Demonstrated ability to handle and resolve conflicts in an effective manner -Demonstrated judgment in emergency situations -Experience working with people with behavioral/mental health issues and/or criminal background -Physical dexterity; ability to act with urgency in an emergency situation without detaining or striking the offender. EXHIBIT 1 Shift Coverage: I Security Guard Sam to 5pm Monday through Friday holiday Coverage: ;No security. guard -coverage is required on these holidays, 11. RESPONSIBILITY OF CONTRACTOR The Contractor is to provide one security guard in standard tall uniform at the secured sou$ gate entrance to the Police Department.' Provide a post management system that inoludes' efficient mechanisms for tour.verifivatiory dsily'aetivity teports (OARS), and incidetlt raifu'rting (Ili). AS -NEEDED SECURITY FOR CITY LOCATIONS Contractor must provide for the possibility of providing immediate security guard coverage and related equipment at any location in the City. Security guard services include immediate security guard coverage due to a security breach at City Hall, special meetings, any of approximately 15 local path clubhouses and community centers, City parldng structures, a community learning center, or other City location. Coverage must be provided within one hour for the duration of the period outlined. EXHIBIT 1 Contractor's Certification and Proposal Item Pricing Page 4 of 4 60B-10 EXHIBIT 1 EXHIBIT B CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR UNARMED SECURITY GUARD SERVICES . AT VARIOUS CITY FACILITIES PROPOSER'S CERTIFICATION and PROPOSAL ITEM PRICING 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 work locations. I am familiar with all the existing conditions and limitation that may impact work requests. 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. Proposal Item Price - Pricing shall be based on a total monthly cost for services described in Exhibit A. Fee must be inclusive of all costs, including but not limited to, direct and indirect costs for labor, overhead, equipment and incidental supplies, holidays, etc. Pricing Sheet per Location LINE DESCRIPTION QUANTITY UNIT UNIT QUANTITY UNIT PRICE TOTAL ANNUAL PRICE 1 Santa Ana Regional Trans ortation Center 1 Month 12 $21,678.41 $260,140.92 $--------- —Hourly Rate- Guard (For additional hours if requested) $23.71 $----------- Hourly Rate- Supervisor (For additional hours if requested) $25.48 2 1 City Hall I 1 I Month 1 12 $31,169.75 $374 037.00 $----------- Hourly Rate- Guard (For additional hours if requested) $23.71 $----------- Hourly Rate- Supervisor (For additional hours if requested) $25.48 3 Corporate Yard 1 Month 12 10,502.79 $126 033.48 $--------- —Hourly Rate- Guard (For additional hours if requested) $23.71 $----------- Hourly Rate- Supervisor (For additional hours if requested) $25.48 60B-11 40'11-.1 4 Zoo at Prentice Park 1 byonth y2 � 51025 24 $12,302.88 $--------Hourly Rate- Guard (For additional hours if requested) $23.71 $---------- Hourly Rate- Supervisor (For additional hours if requested) $25.48 5 1 Central Library 1 Month 12 $20,217.6 $242,611.16 $---- ----- Hourly Rate- Guard (For additional hours ifrequested) $23.71 $-----------Hourly Rate- Supervisor (For additional hours ifrequested) $25.48 6 Newhape Branch Month� 12 �$2,04 524,565.80 Library $---------Hourly Rate- Guard (For additional hours if requested) $23.71 5-------Hourly Rate- Supervisor (For additional hours if requested) $25.48 7 1 Centennial Park 1 Month 12 51,780.13 $2136156 $------ —--- Hourly Rate- Guard (For additional hours if requested) $23.71 $•-------Hourly Rate- Supervisor (For additional hours if requested) —$25.48 — a Birch Park _ 1 Month 12 $1 780.13 $21,361.56 $-------Hourly Rate- Guard (For additional hours if requested) $23.71 $-------Hourly Rate- Supervisor (For additional Thours if requested) $25.48 9 Santa Ana Police I Month 12TII,111.73 $49,31G.76 De artment $ - -------- Hourly Rate- Guard (For additional hours if requested) $23.71 $--•------Hourly Rate- Supervisor (For additional hours if requested) $25.48 10 Santa Ana WORK 1 Month 12 $4109.73 Center � � f $50 156.7G $----------- Hourly Rate- Guard (For additional hours if requested) $23.71 —Hourly $----------- Rate- Supervisor (For additional— hours if requested) $25,48-- Total Contract Amount (Add Lines thru 9): $1,181,887.00 r; :. . 60 EM 2 EXHIBIT 1 Universal Protection Service, LP dint Allied Universal Security Aervices LEGAL NAME OF COMPANY 1551 N. Tustin Avenue, Suite 650, Santa Ana, CA 92705 BUSINESS ADDRESS ph: 714.619-9700 fox;714.619.9701 PHONE AND FAX NUMBERS Steve Ciaton Regional President PRINTED NAME UTHOR=D ANENT TITLE steve.claton aus.co_m SIGNATURE OF AAGENT DATE E-MAIL ADDRESS 334973846 CA PPO 14417 CON _ _.._............ _.—__._...__...._......._...._._..._........_.._.__.._C-...-._T_._RA�_C...T....OR LICE---__.._N..SE_--........ FEDERAL ID NUMBER NUMBER 60B-13 o. 1 I REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: RECEIVE AND FILE RESPONSE TO REQUEST FOR INFORMATION ON MOBILE HOME PARKS (STRATEGIC PLAN NO 5,3; 5,4; 5,6) CLERK OF COUNCIL USE ONLY: ❑ As Recommended ❑ As Amended ❑ Ordinance on V Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO !ry FILE NUMBER CITY MANAGER Receive and file Mobile Home Parks Report and provide direction to the City Manager and City Attorney regarding options to address rent increases in mobile home parks within the City. DISCUSSION During the April 16, 2019 Council meeting, staff was directed to assess existing conditions and explore options in response to public comments from mobile home residents concerning an increase in space rent. Specifically, the City Council requested: 1. An inventory of Santa Ana Mobile Home Parks, average rents, increases over the last five year period, and the reasons why rent increases are taking place; 2. Legal options available to the City (e.g. space rent stabilization ordinance or other tools) as well as other rental assistance or relief programs available for mobile home owners; and 3. Staff meet with Bali Hi Mobile Home Park management to: a. Gather more information; b. Discuss their rental assistance program; and c. Request that they defer their space rent increase effective date. Toward this effort, staff convened an interdepartmental working group from the City Managers Office, City Attorney's Office, Planning and Building Agency, Community Development Agency, and Information Technology. The group met three times over a two -week period to assess the City's mobile home parks including a windshield survey of the physical conditions, rents, and survey of ordinances in Orange County and similar -sized cities in California. The results of the surveys, along with policy options for Council consideration, are included as Exhibit 1, City of Santa Ana Mobile Home Parks: Assessment of Existing Conditions and Policy Options. 65A-1 Response to Request for Information on Mobile Home Parks May 21, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's effort to meet Goal #5 (Community Health, Livability, Engagement and Sustainability), Objective #3 (Facilitate diverse housing opportunities and support efforts to preserve and improve the livability of Santa Ana neighborhoods.), Objective #4 (Support neighborhood vitality and livability), Objective # 6 (Focus projects and programs on improving the health and wellness of all residents). FISCAL IMPACT There is no fiscal impact associated with this action. -3 Steven A. Mendoza Executive Director Community Development Agency Minh Thai Executive Director Planning and Building Agency Exhibit: 1. City of Santa Ana Mobile Home Parks: Assessment of Existing Conditions and Policy Options, May 21, 2019 65A-2 Assessment of Existing Conditions a1 Policy/ 1 O rm-4w-111G] 65A-3 Table of Contents Executive Summary 2 Mobile Home Parks at a Glance 4 Windshield Survey 6 Rent Survey 8 Outreach with Bali Hi Mobile Home Park and Industry Associations 11 Survey of Other Jurisdictions 14 Options/Tools for City Council and Tenants 16 Regulation of Rents as Affordable Housing 16 Space Rent Stabilization Ordinance (Urgency or Non -Urgency) 17 Vacancy Control Ordinance 18 Park Closure and Relocation Fee Ordinance 19 Age Restricted Parks Maintained as 'Senior" Parks 20 Resident Input 20 Mobile Home Park Accord/ Tenant Protection Ordinance 20 Mobile Home Park Review Board 21 Park Conversion to Resident Ownership 22 Right of First Refusal 22 Additional Resources 23 Attachments 24 1. Citywide Map of Mobile Home Parks 25 2. Aerial Photograph and "At a Glance" Data of Each Mobile Home Park 26 3. Windshield Surveys 55 4. Rent Survey 263 5. Survey of Other Mobile Home Ordinances 265 6. DRAFT "Urgency" Ordinance: Mobile Home Park Space Rent Stabilization 267 7. DRAFT "Standard" Ordinance: Mobile Home Park Space Rent Stabilization 276 Acknowledgments 284 65A-4 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Executive Summary During the April 16, 2019 Council meeting, staff was directed to assess existing conditions and explore options in response to public comments from mobile home residents concerning an increase in space rent. Specifically, the City Council requested: 1. An inventory of Santa Ana Mobile Home Parks, average rents, increases over the last five year period, and the reasons why rent increases are taking place; 2. Legal options available to the City (e.g. space rent stabilization ordinance or other tools) as well as other rental assistance or relief programs available for mobile home owners; and 3. Staff meet with Bali Hi Mobile Home Park management ("Bali Hi") to: a. Gather more information; b. Discuss their rental assistance program; and c. Request that they defer their space rent increase effective date. In response to this direction, staff convened an interdepartmental working group consisting of staff from the City Managers Office, City Attorney's Office, Planning and Building Agency, Community Development Agency, and Information Technology. The working group met three times over a two -week period to conduct a comprehensive assessment of the City of Santa Ana's mobile home parks. A list of the 29 mobile home parks was compiled with detailed information for each park including the park address and phone number, year built, age restrictions (if applicable), owner of record, and assessor's parcel number. The mobile home parks were mapped by Council Ward (Attachment 1) and an individual map prepared showing the boundaries of each mobile home park (Attachment 2). A drive -by inspection of each mobile home park was completed. The condition of the major physical components was assigned a rating, and a general rating was then assigned for the overall condition of each mobile home park. The majority of the parks (55%) were found to be in "overall excellent condition" or "average condition" (34%). Only 10% of the parks were rated as "needing improvement" (Attachment 3). A phone survey of the rents for a portion of the City's parks (24%), was completed. Information gathered included the high and low rents, the "move -in" rents, the number of rent increases during the past five years, the reason for the rent increase(s), and the amount of the rent increase(s), ie, whether a flat rate increase, percentage increase or tied to the consumer price index. Data on the rent increases from Housing Authority assisted mobile home owners over the last five years was also gathered. The complete data is provided in Attachment 4. r1 65A-5 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Research was also completed on mobile home ordinances in use by other jurisdictions. Rent stabilization ordinances are in use in 101 local jurisdictions in California. The ordinances vary among jurisdictions. Components of each of the ordinances often include controls on the amount of rent increases, allowable reasons for rent increases, a review process for approving rent increases, vacancy control at the time of sale of a mobile home, and relocation impact studies and fees when a park closes or changes use. A summary of the ordinances for seven other local jurisdictions in California is provided in Attachment 5. Additional information on the various components of the ordinances is provided as options for City Council consideration. A comprehensive ordinance for the City of Santa Ana can be prepared, with City Council direction, including one or more of the available tools. A draft "urgency" ordinance declaring a 45-day moratorium on increases in rents is provided in Attachment 6. A draft "standard" ordinance imposing a restriction on mobile home space rental rate increases is provided in Attachment 7. Finally, City staff including the Acting City Manager, City Attorney, and Community Development Agency staff met with the property management company for the Bali Hi Mobile Home Park. Additional background information was gathered concerning the rent increases at the park. The discussion is summarized in the report section "Outreach with Bali Hi Mobile Home Park and Industry Associations." The information provided is from the viewpoint only of the property management company, has not been verified, and may or may not represent the viewpoint of the residents. 3 65A-6 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Mobile Home Parks at a Glance There are a total of 29 mobile home parks in the City with a total of 3,913 "spaces" or mobilehome sites. Six of the mobile home parks and 1,020 spaces are age restricted to persons 55 years or age of older. Out of the 29 mobile home parks, three are located in Ward 1; zero are located in Ward 2; six are located in Ward 3; one is located in Ward 4; ten are located in Ward 5; and nine are located in Ward 6. A citywide map of the mobile home parks is provided in Attachment 1. Mobile Home Parks By Ward W 10 g 7.5 6 5 3 2.5� 0 1 6 Ward 1 Ward 2 Ward 3 Ward 4 Ward 5 Ward 6 055t Age Restricted =Non Age Restricted The following is a list of the mobile home parks by Ward and age restriction. The mobile home parks have been numbered alphabetically by Ward. The numbering is used throughout this report. The six age restricted parks are highlighted in blue font and italicized. An aerial photograph showing the street boundaries and "at a glance" data for each mobile home park is provided in Attachment 2. The "at a glance data" includes the Council Ward, number of spaces, property address, the surveyed rent range (if available), age -restriction, year built and windshield survey rating. Mobile Age # Park Name Ward Park Address Home Restriction Spaces 1 St. Andrews Mobile Home 1 515 E. St. Andrews PI. 34 None Park 2 Standard Avenue Mobile 1 1527 S. Standard Ave 48 None Home Park 3 Warren Park Mobile 1 1500 E. Warren St. 203 None Home Estates 4 Clinton Village Mobile 3 1300 North Clinton St. 44 None Estates 5 Holiday Mobile Estates 3 3424 W. Washington 75 None Ave. 4 65A-7 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May21,2019 6 Lake Park Santa Ana 3 1510 E. Fairhaven Ave 212 55+ North 7 Sahara Mobile Home 3 1517 N. Newhope St. 89 None Park 8 Sands Mobile Estates 3 323 N. Euclid St. 185 None 9 The Gables Mobile Home 3 4801 West First St. #83 125 None Estates 10 Country Club Mobile 4 518 S. Sullivan St. 114 None Manor 11 California Mobile Home 5 2901 W. First St. 74 None Park 12 Caravana Trailer Park 5 306 S. Sullivan St. 121 None 13 Coach Royal Mobile 5 215 S. Sullivan St 228 None Home Park 14 Continental Mobile Manor 5 2804 W. First St 256 None 15 Fairview Mobile Estates 5 206 S. Sullivan St. 118 None 16 Gardner's Trailer Park 5 2424 W. First St. #122 77 None 17 Hyde Park Mobile 5 2934 W. 15t Street 118 55+ Estates 18 Lake Park Santa Ana 5 4211 W. 15t Street 193 55+ 19 Taggin Wagon Mobile 5 2767 W. 1s' St. 77 None Home Park 20 Town & Country Villas 5 3929 W. 5th St 135 55+ 21 Bali Hi Mobile Home 6 432 S. Harbor Blvd 154 55+ Park 22 Bit-0-Home Trailer Lodge 6 5002 W. McFadden 79 None Ave. 23 Kona Kai Mobile Home 6 4117 W. McFadden 208 55+ Park Ave 24 Liberty Mobile Home Park 6 329 S. Harbor Blvd 97 None 25 Park Terrace 6 4080 W. 1 sc St. 191 None 26 Plaza Village Mobile 6 3101 S. Fairview St 237 None Estates 27 Quiet Village Mobile 6 3126 W. First St 103 None Home Park 28 Sandalwood Mobile 6 507 S. Euclid St. 182 None Home Park 29 Stoneridge Mobile Home 6 1201 S Harbor Blvd 136 None Park 65A-8 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Windshield Survey The City's Code Enforcement Division conducted a "Windshield Survey" of the Mobile Home Parks. A windshield survey is an informal survey consisting of an observational view of the parks where the code enforcement officers make an informal assessment of the parks based upon their observations. Code enforcment officers rated the parks based on a visual inspection of the exterior of the properties. Both the common area components of the mobile home park (ie, landscape, streets, club houses, pool areas, laundry rooms) and the individual mobile units (ie, decks, driveways, house numbers, coaches) were inspected along with general code related conditions (ie, inoperative vehicles, improper storage). Parks were rated 1, 3 or 5 with 5 signiiying overall excellent condition, 3 signifying average condition, and 1 signifying improvements needed. The ratings of 1, 3 and 5 were chosen as the rating numbers in order to avoid rating parks as "almost" a 1 and/or ,.almost" a 5 on the ratings, thus avoiding rating parks as "slightly above" or "slightly below." The final rating of a park is based on the overall general impressions of the code enforcement officer, rather than the individual component ratings. For example, the mobile units may be well maintained with no apparent substandard, visible conditions and rate all 5's. Yet, the "common areas" may have some uneven surfaces, some excessive porch storage not necessarily permitted in single family neighborhoods, and unsightly trash cans. Since these factors are not usually observed in excellent sites rated a 5, the final park rating may be a 1 or 3. The "final rating" is therefore the code enforcement officer's assertion of the "overall" description of the mobile home park versus the individual mobile home unit standards. In general, staff found: Mobile Home Park Ratings Rating Number of Mobile Home Parks 3 3 10 Average Conditionr�,,�, 16 0 65A-9 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 On a case -by -case basis, code enforcement officers made the following general observations: • Bali Hi: The mobile home park aesthetics are overall in fair condition. The roadways throughout the park are in fair condition. While some violations were observed such as inoperable vehicles, improper storage and siding and skirts in need of paving or maintenance, overall most mobile units appeared in excellent condition. • Kona Kai: The mobile home park aesthetics are overall in fair condition. The roadways throughout the park have some potholes due to gas lines being installed. Most mobile units appeared in good condition. • Other Mobile Home Parks: In general the majority of mobile home parks were found to be in fair to excellent condition with minimal code violations. The complete windshield survey results are provided in Attachment 3. The windshield survey provides a summary statement of conditions and the actual Home Inspection Checklist. Available title documents and legal descriptions are also included for each park. FA 65A-10 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Rent Survey Residents of the Bali Hi and Kona Kai mobile home parks spoke during public comment on April 16, 2019. Public comments at the April 16, 2019 City Council meeting included examples of people unable to afford the increase in rents with many stating their income would barely cover the rent increase or not at all. Several speakers were veterans, on disability, or existing on Social Security payments and had chosen the park due to its very affordable pricing. The Community Development Agency staff surveyed rents for a sample of the mobile home parks including five of the six age restricted parks, and two of the non -age restricted parks: 6. Lake Park Santa Ana North, Ward 3, Age 55+ 8. Sands Mobile Estates, Ward 3, No age restriction 17. Hyde Park Mobile Estates, Ward 5, Age 55+ 18. Lake Park Santa Ana, Ward 5, Age 55+ 21. Bali Hi Mobile Home Park, Ward 5, Age 55+ 23. Kona Kai Mobile Home Park, Ward 5, 55+ 26. Plaza Village Mobile Estates, Ward 5, No age restriction Of the seven parks surveyed (24%), only two (Hyde Park Mobile Estates and Sands Mobile Estates) have not consistently adjusted rents each year during the past five years. Most of the mobile home parks adjust the space lease rents annually. The amount of the increases vary from nominal increases of $29 - $49 a month, to percentage increases, and increases tied to the Consumer Price Index (CPI). Of the six age restricted mobile home parks, current rents range as high as $1,400 a month and "move -in" rents range as high as $1,550 a month. Move -in rents are considered the current market rents charged to new tenants at the time they move into the mobile home park. I3 65A-11 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 A total of 100 mobile home owners in nine parks receive assistance from the Housing Authority's Housing Choice Voucher Program. The Housing Authority low and high contract rents from April 2014 and April 2019 were compiled and are included with the mobile home park rent survey information in Attachment 4. Specifically, the Bali Hi mobile home park is located at 432 S. Harbor Boulevard. The park was constructed in approximately 1958 and is age restricted (55 years and older). There are 154 spaces in the park. Of those 154 spaces, a total of 5 mobile home owners receive assistance from the Housing Authority's Housing Choice Voucher Program. Residents at the Bali Hi mobile home park were served with a 90 day notice of rent increase, ranging from $39 - $205 a month effective June 1, 2019. The lowest current rent is $594 a month and the highest current rent is $925. Current rents under $800 are being increasd to $799 per month. 34 of the 154 total spaces have current rents between $594 - $692. The rent increase range for these spaces is $107 - $205 which represents a 15.5% - 34.5% increase in the monthly rent. 105 of the 154 total spaces, including the five spaces receiving assistance from the Housing Authority, have current rents between $712 - $747. The rent increase range for these spaces is $52 - $87 which represents a 7% - 12% increase in the monthly rent. 14 of the 154 total spaces have current rents between $848 - $925. Current rents over $800 are being increased by $39. After the rent increase the new rent range for these spaces will be $912 - $964 which represents a 4% - 4.5% increase in the monthly rent. Number of Spaces Current Rent Increase % of Increase New Rent 34 $594 - $692 $107 - $205 15.5% - 34.5% $799 105 * $712 - $747 $52 - $87 7% - 12 % $799 14 $848 - $925 $39 4% - 4.5% $912 - $964 * Includes the five spaces receiving assistance from the Housing Authority There is one space of the 154 total spaces which was abandoned due to death and is at the current move -in rent of $1,100. Per the management company, the goal of the current rent adjustment is to level out the rents since all of the lots are the same size and to adjust the rents closer to market rents. The space rents are adjusted annually. In the last three years the rents have been adjusted annually between $29 - $49 a month. The Kona Kai mobile home park is located at 4117 W. McFadden Avenue. The park was constructed in approximately 1954 and is age restricted (55 years and older). There t 65A-12 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 are 208 spaces in the park. Of those 208 spaces, a total of 17 mobile home owners receive assistance from the Housing Authority's Housing Choice Voucher Program. The current rents are either $639 or $925 depending on the size of the lot. Residents at the Kona Kai mobile home park were served with a 90 day notice of rent increase, ranging from $38 - $55 a month effective May 1, 2019. The rents are being uniformly increased by 6% for all residents. Following the rent adjustment the new rents will be $677 or $980. Under California Civil Code Section 798.30, Mobile Home Park management are permitted to increase rent by giving a homeowner written notice of any increase in his or her rent at least 90 days before the date of the increase. The rent increases if implemented, according to the tenants, may price residents out of their rental spaces thereby placing seniors and other low-income residents into lesser living conditions or homelessness. 10 65A-13 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Outreach with Bali Hi Mobile Home Park and Industry Associations City staff met with a representative of J and H Asset Property Management, the property management company for the Bali Hi Mobile Home Park (Bali Hi), a representative of the Manufactured Housing Educational Trust (MHET), and a representative from the Western Manufactured Housing Communities Association (WMHCA). The purpose of the meeting was to obtain further information on the space rent increases and discuss options for City Council consideration. The property management representative from Bali Hi informed staff that the park is family owned. The current management company, J and H Asset Property Management, was hired in 2016. Between 2016 — 2018, space rents were increased between $29 - $49 annually. The prior annual rent increases have been consistent with the current rent increase; the higher rents received the smaller increase, and the lower rents received the larger increase. Per the current management company's knowledge, space rents prior to 2016 were increased between $0 - $15 annually. The management company performs an annual market rent survey and the results are posted in the clubhouse for residents to view. Currently all leases are month to month. Management was planning to offer residents long term leases up to fifteen years with lower annual rent increases. However, this plan has been put on hold due to the current protests. Bali Hi has invested between $80,000 - $100,000 per year over a three year period (2016 — 2018) in overall park maintenance and capital improvements. Infrastructure upgrades have included renovations to the club house and laundry room, new landscaping, re -roofing, painting the garages, providing extra vehicle storage, and a security gate for the park. In 2019, an additional $80,000 - $100,000 is being invested to remodel the pool and pool deck. Management held meetings with the residents to obtain feedback on residents' priorities and the installation of the security gate was in direct response to the feedback. Several parties and events, including entertainment and meals, have also been planned annually at no charge to the residents. Approximately 80 — 120 residents have regularly attended these social events. Per the property management company, since notification of the rent increase the residents have begun the process to form a 11 65A-14 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 homeowners association and have barred management from attending resident meetings. The option for rental assistance was discussed and further information was provided on the rental assistance program administered by MHET which provides a subsidy equal to 10% of the monthly space rent. The program is privately funded, voluntary, and not required by law. Assistance is temporary and applicants must reapply each year. While the program is available to all mobile home owners, applicants must also meet certain criteria. To qualify for the program, applicants must meet eligibility guidelines pertaining to household income, monthly housing costs, and real and personal property. Additionally, to qualify for the program the space on which the applicant resides can not be regulated by rent control and no more than 10% of the residents in the park can receive assistance. Information on the rental assistance program was provided to Bali Hi residents at a residents' meeting and also mailed to 149 of the residents. The five residents receiving assistance from the Housing Authority were not formally notified since the program guidelines do not allow an applicant to receive rental assistance from any other rental assistance program. 45 of the 149 residents expressed interest and requested an application. 11 applications were subsequently received and approved. The MHET representative noted that if someone is in dire need and requires greater than a 10% subsidy, that MHET will present the case to the owner of the mobile home park who may choose to further subsidize the rent. If a mobile home park owner chooses not to participate in the MHET program, additional subsidy may still be available from MHET. Staff enquired the number of people in the City of Santa Ana who are receiving rental assistance from the MHET program and whether all park owners have chosen to participate in the program. The MHET representative responded that this information is considered private and would not be disclosed. During the meeting, staff asked what other options exist if an owner cannot afford an increase in rent, and cannot qualify for the rental assistance program. The Bali Hi representative responded that 153 of the 154 coaches are owned and an owner may choose to sell their home. Currently no homes have been listed for sale since notification of the rent increase. Staff also presented various options that may be 12 65A-15 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 considered by City Council including an urgency ordinance Space Rent Stabilization Moratorium. Staff asked if the Bali Hi park owner would be willing to put on hold, or suspend, the rent increase prior to the June 1 effective date. The Bali Hi representative responded that it was not likely the property owners would be willing to freeze the rents. 13 65A-16 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Survey of Other Jurisdictions Cities play a delicate role balancing the property rights of the mobile home park owners and the coach owners. Unlike other rentals where an occupant can easily move if the landlord raises the rent, it's almost impossible for mobile home coach owners to move their home if they can't afford a space rent increase. On the other hand, mobile home park owners argue that by limiting their ability to set the space rental fee at a market rate, their investment is damaged. More than 100 local jurisdictions, primarily cities, have enacted mobile home rent control ordinances in California. Some were passed by voter initiative and others through city council action to protect an important source of affordable housing. Of the 34 cities in Orange County, San Juan Capistrano is the only city with a space rent stabilization ordinance. Staff surveyed other jurisdictions and a nonexhaustive summary of ordinances by seven cities in California is provided in Attachment 5. The following are key findings within the other ordinances: • Most ordinances attempt to implement policies that ensure that space rent increases are just, fair and reasonable." • Most ordinances tie the amount of space rent increase to the Consumer Price Index (CPI) and often set minimum and maximum increases. • Most ordinances stipulate how often increases can take place, ie, increases are limited to once every twelve months, or no more than once per calendar year. • One ordinance (City of Carson) stipulated the types of allowable rent increases for temporary or permanent (ongoing) purposes. For example, a Capital Improvement Rent Increase would be considered a temporary increase for the purpose of reimbursing a park owner for a one-time repair or upgrade to the park that is outside of ordinancy maintenance. A CPI Rent Increase would be considered an annual permanent rent increase for the purpose of allowing rents to increase as the local inflation rate increases. • Most ordinances set conditions for allowable and automatic increases while a few require any increase, however nominal, to be approved by a rent review board. • About half of the surveyed cities utilize some form of a citizen participation committee (ie, Mobile Home Park Rental Review Board) to review requests for 14 65A-17 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 space rent increases from mobile home park owners and adjudicate grievances, from mobile home coach owners. • Some of the ordinances established factors that shall be considered to determine whether an increase is 'just, fair and reasonable." Examples of factors include, but are not limited to: length of time since the last space rent increase; the completion of capital improvements; changes in property taxes; changes in reasonable operating and maintenance expenses; the need for repairs; and changes in the amount and quality of services provided by the park owner. • More than half of the cities surveyed exercise vacancy control which requires the space rent remain unchanged when the mobile home is sold to a new owner. 15 65A-18 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Options/Tools for City Council and Tenants Mobile homes represent the largest sector of non -subsidized and non -covenanted affordable housing in the United States, yet often with few protections. While residents may own their own mobile home, they lease the land upon which it is fixed, making them both owners and tenants at the same time. This puts mobile home owners in a tenuous position, particularly those on a fixed income. To mitigate the impacts of rent increases on mobile home owners, and maintain affordability, there are various options and tools for City Council consideration. The options fall into three strategies: 1. Regulation of rents as affordable housing; 2. Ensuring residents have a say in how the park they live in is improved, and an avenue for making complaints if it is not being taken care of properly; and 3. A path towards resident ownership. The strategies are discussed in greater detail below. If City Council is interested in any of these options, further research and study will be required to confirm conformance with local laws and determine the City's ability to implement the proposed regulations. Regulation of Rents as Affordable Housing Mobile home parks are affordable by design and can play an integral role in a community's overall housing stock. Rent stabilization ordinances are the predominate form of local ordinance governing mobile home parks. Parameters may be set governing the amount of increase and conditions under which rents may be increased on a regular and ongoing basis. Space rents may also be regulated at the time of sale of the mobile home through the use of a Vacancy Control Ordinance, and at the time of park closure through a Relocation Fee Ordinance. Currently 101 jurisdictions in California have some form of a rent stabilization ordinance that includes one or all of the above options. Each of these ordinances is discussed in greater detail below along with special considerations with age restricted mobile home parks as a form of affordable housing. i1ri 65A-19 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Space Rent Stabilization Ordinance (Urgency or Non -Urgency) The City of Santa Ana does not currently have restrictions on the amount of mobile home rent increases. However, many jurisdictions throughout California have enacted some form of mobile home rent control or rent stabilization ordinance. Such ordinances are in compliance with the provisions of the California Mobilehome Residency Law (MRL) (Civil Code section 798 et seq.), which expressly authorizes cities to regulate the setting and/or increasing of rents for the use and occupancy of a mobile home space, subject to certain exceptions. Specifically, the MRL exempts the following from local rent control or rent stabilization ordinances: any mobile home space subject to a long- term (more than one year) rental agreement; any newly constructed mobile home space first offered for rent on or after January 1, 1990; and, mobile homes not being used as a person's primary residence which are not being leased to someone else (Civil Code §§ 798.17, 798.21, and 798.45). Pursuant to California Government Code sections 36937(b) and 65858(a), and Santa Ana Charter section 415, any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health and safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least four -fifths (4/5) of the City Council members. Accordingly, an urgency ordinance Space Rent Stabilization Moratorium would require a four -fifths (4/5) vote, would take effect immediately upon passage, and would remain in effect for forty-five (45) days. During the initial term, the City Council could extend the Moratorium by a four -fifths (4/5) vote for an additional ten (10) months and fifteen (15) days. Subsequently, the City Council could extend the Moratorium by a four -fifths (4/5) vote for an additional one year. Otherwise, the City Council may decide to implement such an ordinance under the regular ordinance adoption procedures, which would require two readings, a majority vote of approval by the City Council, and would take effect thirty (30) days after its adoption. The ordinances could be presented as alternatives to one another, leaving Council to decide which one, if any, should be adopted. A draft Urgency Ordinance adopting a 45-day temporary moratorium on mobile home space rental rate increases that exceed three percent (3%) annually, or the change in consumer price index, which is greater, is provided in Attachment 6. A draft Standard Ordinance imposing a restriction on mobile home space rental rate increases, with no time limit on the regulations, is provided in Attachment 7. 17 65A-20 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Mobile home park rent stabilization ordinances typically set a maximum percentage by which space rents may be increased by mobile home park owners, and specify how often mobile home park owners can increase the space rent. For example, the City of Anaheim recently proposed that space rents may not be increased more than three percent (3%) annually, or the change in the Consumer Price Index, whichever is greater, during the period the ordinance is in effect. Additionally, rents could only be increased one time in any twelve (12) month period. If the Council were to impose such a cap, staff would contact the owners of all mobile home parks in the City to ensure they are aware of the restriction and to allow for their input in the City's study of the matter as it moves forward. Mobile home park rent stabilization ordinances also typically provide a process by which a mobile home park owner may petition to increase the rent in excess of the maximum amount if the mobile home park owner believes the annual cap on mobilehome space rent increases will prevent the owner from receiving a fair and reasonable return on his or her property. The details of such a petition process would be detailed in any rent stabilization ordinance adopted by the City Council. Vacancy Control Ordinance Typically, when a unit is sold to a new homebuyer, or rented to a new tenant, the new owner/tenant is required to pay the "move -in" rents which are also considered the .'market" rents. However, with "vacancy control", a mobile home park owner is prohibited from increasing the space rent when a controlled unit changes hands. There are different levels of vacancy control: 1. Full Vacancy Control: The rent on the space remains unchanged when the mobile home is sold to a new owner; 2. Full Decontrol: When a mobile home is sold to a new owner, the park owner can raise the space rent to any amount; and 3. Partial or Vacancy Decontrol: When a mobile home is sold to a new owner, the park owner can raise the rent by a specified amount, which is usally tied to a percentage of the consumer price index. In 65A-21 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Of the 101 jurisdictions in California with rent stabilization ordinances, 56 (55%) include some form of vacancy control in their ordinance. Vacancy control ordinances typically allow anywhere from a 5%, 10% or 15% increase within a two, five or ten year period. The amount of the allowable increase varies by market and jurisdiction. Alternatively, the amount of allowable increase may be tied to a percentage of the CPI, ie. 125% of the CPI. Owners of mobile home parks often contend that vacancy control keeps rents artificially low thereby allowing the mobile home owners to profit by selling their coaches at a premium. In other words, buyers are often willing to pay a higher price for a mobile home when there is a guarantee of a lower space rental rate. Park owners contend that this amounts to an unfair transfer of wealth to the mobile home owner. Mobile home owners, on the other hand, contend that without rent control, the park owner can raise the space rental ree to such an extent that the value of the mobile home drastically declines. Park Closure and Relocation Fee Ordinance State law limits what a city can do to preserve existing mobile home parks when a park owner decides to close a park, or convert a park to a new use. For example, a city cannot prohibit a park owner from closing or converting a park or otherwise limit the use of the property to a degree that it deprives the owner of the use or value of the property. However, a city can regulate the closure, cessation or conversion of a mobile home park by establishing a process that mobile home park owners will have to go through prior to closure or conversion. The process could include hiring a consultant, selected by the City, to prepare a detailed relocation impact report and public hearings before the city's Planning Commission, and Community Redevelopment and Housing Commission as well as the City Council. State law grants local government the authority to decide whether park owners need to pay for reasonable relocation costs but does not require it. Therefore, a city may require that mobile home relocation assistance be offered for residents of a mobile home park who are displaced under certain conditions such as a park closure or conversion. Assistance may be made available for eligible seniors, disabled or low- income households, and may include a space rent subsidy payment of up to 24 months, payment to move the mobile home, or compensation for the mobile home if it cannot be moved. For example, the City of Sunnyvale has a Mobile Home Relocation Ordinance in which relocation assistance is paid by the property owner for relocation up to 100 19 65A-22 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21,2019 miles from the site, or payment equal to the home's in -place value if it cannot be moved. If a new park will be built on the same site, tenants are provided a right of first refusal to purchase or rent the new units to be constructed on the park site. Age Restricted Parks Maintained as "Senior" Parks The federal Fair Housing Amendments Act of 1988 prohibits discrimination against families with children in multiple residential housing but permits such housing, including mobilehome parks, to limit residency to seniors in one of two categories: 1) 55 and older; or 2) 62 and older, if the park meets certain minimum conditions. The major condition is that a minimum of 80% of the units are required to have at least one resident 55 and older. Thus, while age restrictions are legal, they are not permanent, and can change anytime. There is no federal law that specifically addresses guidelines for changing from a "senior" to an "all -age" mobile home park. A change in category is often the sole decision of park management with a minimum notice. Per the California Senate Select Committee on Manufactured Home Communities handbook on Mobilehome Residency Law, some local governments have imposed conditions on mobilehome park zoning or use permits by requiring parks, that were developed as "senior parks", to be maintained as "senior" unless otherwise approved by the city or county. However, City staff was unable to identify such ordinances and further research would be required. Resident Input Many of the ordinances include one or more mechanisms for protection of mobile home residents through the use of specific verbiage required in the leases and a process for reviewing rent increases and handling grievances. These are described in further detail below. Mobile Home Park Accord / Tenant Protection Ordinance The California Mobilehome Residency Law (MRL) is the "landlord -tenant law" for mobile home parks (California Civil Code, Chapter 2.5). The MRL, like provisions of conventional landlord -tenant law, are enforced by the courts; that is, the disputing 20 65A-23 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 parties must enforce the MRL against one another in a court of law. The State Department of Housing and Community Development does not have authority to enforce these Civil Code provisions. For example, a park owner must utilize an unlawful detainer procedure in a court to evict a homeowner for non-payment of rent or failure to abide by reasonable park rules. By the same token, if the management company does not abide by the MRL, the manufactured home owner must bring legal action in court to enfore the MRL requirements. A City ordinance and review board can provide an alternative method of solving problems. The City of Vista, for example, has established a program of contractual obligations know as the Mobile Home Park Accord, with owners of privately held mobile home parks within the City to encourage equitable treatment, fair dealing and an alternative "model lease agreement' between the owners and their tenants. The Accord regulates certain aspects of the tenant/landlord relationship and conditions within the mobile home parks, and provides a means for identifying and resolving disputes between owners and residents. The City of Los Angeles also has a Mobile Home Tenant Protection Ordinance which protects current and prospective mobile home owners and tenants with lease terms of 12 months or less. Leases of mobile homes or mobile home spaces with a term greater than 12 months are exempt from the Ordinance. The Ordinance requires mobile home park owners to include certain language in at least 12 point bold face type on any long term lease greater than 12 months which is exempted from the City of Los Angeles Rent Stabilization Ordinance. Mobile Home Park Review Board Of the 101 jurisdictions in California with rent stabilization ordinances, the overwhelming majority (81 jurisdictions or 80%) have some form of committee or board review process in place to receive complaints from residents and owners regarding alleged violations, and provide a forum to resolve such disputes. While most boards appear to be citizen participation committees, some of the review processes are also handled by City staff and others are referred to arbitration or mediation. 21 65A-24 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Park Conversion to Resident Ownership Since 2014, California state law has supported the conversion of mobile home parks to resident ownership. The Subdivision Map Act requires a subdivider, at the time of filing a tentative or parcel map for a subdivision to be created from the conversion of a rental mobilehome park to resident ownership, to avoid the economic displacement of all nonpurchasing residents by following specified requirements relating to the conversion. A subdivider is also required to obtain a survey of support from the residents of the mobilehome park for the proposed conversion, and that the results of the survey be submitted to the local agency for consideration. The local agency is then required to consider the results of the survey in making its decision to approve, conditionally approve, or disapprove the map. Right of First Refusal When a mobile home park owner decides to put the park up for sale, he or she is not legally required to offer the residents the right -of -first refusal to buy the park. The MRL provides that the park management must give the governing board of the park homeowners association a 30-day written notice of the park owner's intention to offer or list the park for sale, and is only applicable if certain conditions are met. (Civil Code §798.80) In order to receive the notice, residents must form a homeowners association for the purpose of buying the park and register with the Secretary of State. The homeowners association must notify the park each year of the residents' interest in buying the park. The notice requirement does not apply to the sale or transfer of the park to corporate affiliates, partners, or relatives, or transfers triggered by gift, devise, or operation of law, eminent domain, foreclosure, or transfers between joint tenants or tenants in common. 22 65A-25 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Additional Resources The following additional resources are available: 2019 Mobilehome Residency Law Handbook published by the California Senate Select Committee on Manufactured Home Communities may be accessed online at mobilehomes.senate.ca.gov ➢ The Mobilehome Residency Law (MRL) is the "landlord -tenant law" for mobilehome parks, which, like landlord -tenant law and other Civil Code provisions, are enforced in a court of law. The Department of Housing and Community Development (HCD) does not have authority to enforce violations of the MRL. California Department of Housing and Community Development, Office of the Mobilehome Ombudsman ➢ The Office of the Mobilehome Ombudsman (hereinafter "Ombudsman") was established to assist the public with questions or problems associated with the various aspects of manufactured home (mobile home) living. Some of the issues the Ombudsman provides assistance with include park operations, park maintenance, alterations, accessory structures and mobileome residency law. Although the Ombudsman will answer questions and take complaints regarding the Mobilehome Residency Law, the Ombudsman is NOT empowered to enforce its provisions, or to arbitrate, mediate, negotiate, or provide legal advice on mobilehome park rent disputes, lease or rental agreements, or disputes arising from lease or rental agreements. These issues must be resolved through the civil courts. The Mobilehome Assistance Center may be contacted at: Phone: 1.800.952.5275 (Toll Free) 1.800.735.2929 (TTD Number) Email: MHassistance(a)hcd.ca.ciov Online: www.hcd.ca.gov Mail: The Office of the Mobilehome Ombudsman Mobilehome Assistance Center Department of Housing and Community Development PO Box 31; Sacramento, CA 95812-0031 23 65A-26 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21,2019 Attachments 1. Citywide Map of Mobile Home Parks 2. Aerial Photograph and "At a Glance' Data of Each Mobile Home Park 3. Windshield Surveys 4. Rent Survey S. Survey of Other Mobile Home Ordinances 6. DRAFT "Urgency" Ordinance: Mobile Home Park Space Rent Stabilization 7. DRAFT "Standard" Ordinance: Mobile Home Park Space Rent Stabilization 24 65A-27 V N Y a N y y a a E° w °c m IA 2 s Qci E d o 2 o `m E m a a x N Z a o E i 0 x o a Y N x a ,l .— w a am+ c E S m O o,° 2 M 2w y rn N> m a m c i a A O a y a Co vl o N° d V m C Y m Y O m m E Q m m a VYl Vl 3 V x J IA N F V V V Y d Y Y m ` E °c O x Y a m = m N aa+ y a1p+ o c ++ a C C O O m m m m O m !_ O m m O m U U LL l'1 S F F m m Y . a a p' vl vl M v ui IO �: ao o; o . N rM a ui t0 r: W . O� � � � � •- I- e- N N N N N N N N N N 65A'2%8 W SAINT ANDREW PL Madwo as r x i s - IM No. 2 - Standard Avenue Mobile Home Park Ward: 1 Mobile Home Spaces: 48 Address: 1527 S. Standard Ave Surveyed Rent Range: N/A Age Restriction: None Year Built: 1960 Windshield Survey: 3 Map Date: 4/30/2019 65,K-30 f �— VI e i•a li n; T I' ALFp i fi ■e i> Y No. 4 - Clinton Village Mobile Home Park Ward: 3 Mobile Home Spaces: 44 Address: 1300 North Clinton St. Surveyed Rent Range: N/A Age Restriction: None Year Built: 1976 Windshield Survey: 5 Mao Date; 4/30/2 65a-32 6f -_mid r WE r r• vy_ n ree -r� A vu_u rsr No. 5 - Holiday Mobile Estates Ward: 3 Mobile Home Spaces: 75 Address: 3424 W. Washington Ave. Surveyed Rent Range: N/A Age Restriction: None Year Built: 1961 Windshield Survey: 5 M..D.r.•6, 65A-33 _ ELSE � V J _ RHAfJEN71V'.,..--`.. � E WOOD LAKEu TM \ d ■ .,9n u� tip' 1 `u]• iir� �- ` -_ E CA4-Y4JN LAKfa.--.x—.- IJ go f f S ' Z ^ �. no I E BEECHWOOD Sf F r �e Rert;t 1Im � r t�R 4ARIM Y a.l • No. 7 - Sahara Mobile Home Park Ward: 3 Mobile Home Spaces: 89 Address: 1517 N. Newhope St. Surveyed Rent Range: N/A Age Restriction: None Year Built: 1960 P' Windshield Survey: 5 Map Date: 4 /3012019 6eA-35 NAME Z Y- Vn' w 01. 4-z- j i7 J. JA No. 8 - Sands Mobile Estates Wa rd: 3 Mobile Home Spaces: 185 Address: 323 N. Euclid St. Surveyed Rent Range: $1,014 - $1,295 Age Restriction: None Year Built: 1970 StrT 1.- Hlw -% b — . `i, -;i Windshield Survey: 5 Map Date: 4/30/2079 65A-36 N§TH ST N 4' O 1 X c c f- P l � No. 9 - The Gables Mobile F Home Estates Ward: 3 Mobile Home Spaces: 125 Address: 4801 West First St. #83 w' r' Surveyed Rent Range: N/A Age Restriction: None �J' ( Year Built: 1970 Windshield Survey: 3 WPoaf 6eA-37 l I. 7 �r u �• E, 9 f 11 ,_, I 1 ft I t 11� f f 1 FI � 19R '(? • . No. 10 - Country Club Mobile Manor 140iWard:4 Mobile Home Spaces: 114 Address: 518 S. Sullivan St. Surveyed Rent Range: N/A -' Age Restriction: None A®i Year Built: 1960 "w_y," Windshield Survey: 3 Mn D.I. 4/3012019 6545 38 T All No. 11 - California Mobile Home Park Ward: 5 Mobile Home Spaces: 74 Address: 2901 W. First St. Surveyed Rent Range: N/A Age Restriction: None Year Built: 1957 Windshield Survey: 5 Map DaW 4/30/201 65A 39 It ts• A- .J An 70 I ELI 12)JI, --Ul� —141, t 4 7-1 - "or, No. 12 - Caravana Trailer Park Ward: 5 Mobile Home Spaces: 121 Address: 306 S. Sullivan St. Surveyed Rent Range: N/A Age Restriction: None Year Built: 1955 Windshield Survey: 1 Wp Dace: -40 V OST j� P I L N4Y y` I, t 9 .4 rs No. 13 - Coach Royal Mobile 4 Home Park Ward: 5 Mobile Home Spaces: 228 Address: 215 S. Sullivan St. E.i Surveyed Rent Range: N/A Age Restriction: None Year Built: 1963 Windshield Survey: 3 WpDaMARW2019 65A-41 FA 0 E Z Al MLAft No. 14 - Continental Mobile Manor L W 5 Mobile Home Spaces: 256 Address: 2804 W. First St. Surveyed Rent Range: N/A Age Restriction: None F* Year Built: 1957 Windshield Survey: I Map Date: 4/30/2019] 65A-42 i . fit=_ .. '. . c 3 , _V_r . R. No. 15 - Fairview Mobile Estates 9 _ Ward: 5 ,1 7 Mobile Home Spaces: 118 Address: 206 S. Sullivan St. i Surveyed Rent Range: N/A Age Restriction: None Year Built: 1969 Windshield Survey: 3 Map Date:a5oizot9 65A-43 L; 1 I I n�• a_ l k {. R d�. I � N F• 1 IIA Z J1. IMF D , No. 17 - Hyde Park Mobile Estates �r Ward: 5 Mobile Home Spaces: 118 Address: 2934 W. 1st Street Surveyed Rent Range: Up to $955 Age Restriction: 55+ 1 Year Built: 1965 ) °y Windshield Survey:5 Map DaW 4/ 65'iA-45 it„ 0 wlz't I LN &P N. PRI W-9 AA Haz W 1ST ST 0 z T- I C V ^A5� p Al e - I 7 1 ro jr� No. 19 - Taggin Wagon Mobile Home Park Ward: 5 Mobile Home Spaces: 77 Address: 2767 W. 1st St. Surveyed Rent Range: N/A Age Restriction: None Year Built: 1960 Windshield Survey: I wPD .44 65A_47 f. - No. 20 - Town And Country Villas Ward: 5 Mobile Home Spaces: 135 Address: 3929 W. 5th St Surveyed Rent Range: N/A Age Restriction: 55+ Year Built: 1956 Windshield Survey: 5 W.D.,, %L -�' ,• . 46 L Pop ozi rr VIMIC 7 T (11 L. V -W WEVLVT 0 W B I "6-X. lw Sig WIN WIN Irv" JL ... AV V_ IM Jail I KNEWS Nl,. _)l D�ll W RA..kil. D- LA .1 L-IL *0 17 4 EAit • l T" 47 h s tt 7.I I -� No. 22 - Bit O' Home Trailer Lodge Ward:6 Mobile Home Spaces: 79 Address: 5002 W. McFadden Ave. 1 Surveyed Rent Range: N/A 1 Age Restriction: None i Year Built: 1956 e Windshield Survey: 3 Wp Date: 4/302019 65A7-50 iLl M I"t01 W NEW BRITkIN COM•1 cOMI— �•'i..��„s . -" .- 7/vr AA ..-.. a'- •9 ..,4 ' `'" "W BA I HI L gyp\ w - �A 1 /. f KO�ALJN ppA 1^ LA J 1� N WMCNADDEN,AV . - I" U- t W4 ' w �d y p e'n wr No. 24 - Liberty Mobile Home Park Ward:6 Mobile Home Spaces: 97 Address: 329 S. Harbor Blvd Surveyed Rent Range: N/A Age Restriction: None Year Built: 1959 i Windshield Survey: 3 Map Date: 4/302019 6549 52 r All '- =--.. _ W 1SrST rs 0 r O D �71 a 31 U.11l.U',llllill ill! llll LLb Imo,! w i Ain ! w:�y '1 ,1t+ id W SIMSBURRY COM ip ` '•ate ! liiifTlT(filTT1�51iTIt7si(itillP.iriiia.. i� . ..I w } r 11 LY a i + :AI; 40V cal`• ;.i .> I r J c_ �� •'�� J• u No 27 - Quiet Village Mobile Home Park t t Ward: 6 r Mobile Home Spaces: 103 �, * P •w — ;; Address: 3126 W. First St j"a r rNt Surveyed Rent Range: N/A Age Restriction: None per'('- Year Built: 1960 . j e 1 Windshield Survey: 5 Wp Dare: a3&2019 ""7� t 'I ��ai 6eA-55 I�T 1: 2t I ; I 1 -�vroxz a, , i ' �� `., No. 28 - Sandalwood Mobile Home Park Ward:6 Mobile Home Spaces: 182 Address: 507 S. Euclid St. ' Surveyed Rent Range: N/A Age Restriction: None S Year Built: 1969 j Windshield Survey: 5 D.t.: 65,K 56 6TA-57 515 E. St. Andrew PI. 65A5 58 Mobile Home Park Windshield Inspection ADDRESS: 515 E St. Andrews AP # 014-092-04 OWNER OF RECORD: Reasonable Rentals LP a California limited Partnership. "- I STATEMENT OF CONDITIONS The mobile home park aesthetics is fair from public view. Landscape areas inside the park are well kept. The roadways throughout the park had some potholes. From the inspection, most mobile units (exterior) looked good conditions. Trailers are old but in clean conditions. Rated: 3 Santa Ana Cade Enforcement Division Mobile Home Park Home Inspection Checklist Address:516 E St. Andrew PI. Date: 4-19-19 Front Landscape Dock, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked Are things loose, cracked, damaged, r Notes: 1 3 5 x x x x x x x (Wood surfaces) Paint and trim Maintenance Pool area Notes: x x x 1 3 5 X Laundry Room X x Park X x Coach/Trailer/Home x X X X x )d2 Notes: 57 65A-60 WHEN RECORDED MAIL TO: Richard E. Strew BROWN & STREZA, LLP 7700Irvine Center Drive, Suite 900 Irvine, CA 92618 MAIL TAX STATEMENTS TO: Dorothy J. Stanch REASONABLE RENTALS, L.P. PO Box 1053 Los Alamitos, CA 90720 Recorded in Official Records, Orange County Tom Daly, Ciark-Recorder IIIIIIIIIIIIIIIIINIC IIIN811lIIII IIIII IIIII IIIIIIIIIIIIIII11111111111116.00 2005000239458 04:07pm 03/30105 211 130010 1 0.00 0.00 0,00 0.00 0,00 0.00 0.00 0.00 APN: 014492-04 QUTTCLAIM A ew, -- DEED AICA: S1S E. St. — Andrew, Santa Ana, CA The undersigned Grantor declares: Documentary Transfer Tax: $0/No consideration The grantors and the grantees in this conveyance are comprised of the same parties who continue to hold the same proportionate interest in the property, R & T 11923(d). FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, DOROTHY J. STAUCH as Trustee of THE DOROTHY J. STAUCH FAMILY TRUST under Declaration of Trust dated December 18, 1990, as to an undivided 99% interest; and SP MANAGEMENT, LLC, a California limited liability company, as to an undivided I % interest Do(es) hereby REMISE, RELEASE AND FOREVER QUITCLAIM to REASONABLE RENTALS, L.P, a California limited partnership The following described real property in the City of Santa Ana, County of Orange, State of California: Lots 6, 7, 11, 12, 13, and 14, Block 1 of Tract 560, McFadden Home Tract No. 4, as shown on a map thereof recorded in Book 19, pages 1 and 2 of Miscellaneous Maps, records of Orange County. Subject to: All Covenants. Conditions, Restrictions, Reservations, Exceptions, Llmitations, Uses, Rights, Rights of Way, Easemcols, and other matters of record. �r Dated: state of California } }ss Comity of Orange } 0,%*A:I , 20,_., before me, Public, personally appeared O HH�TAUCH per omdly known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the p $on acted, executed the instrument. • ess t h d anANotmy gn tune _ ' Dorothy J. Stauch as Trustee of The Dorothy J. Stanch Family Trust ❑n r Declaration OfTI`45 dated Decerabor 18, 1990 By: orothy J. Staue , stee — SP MANAGEMENT, LLC, a California limited liability Company By: — o thy.). Stauch0-fLLk�4--k-- er ..7R1B1CCA t. Pi1JRpd Ia259N IRANGE COUNTY f luion Ym Nv wbar id, 2005 (This area for official notarial seal) MAIL TAX STATEMENTS AS DIRECTED ABOVE �• � • Ah Mlit-I'v-SE's 59 65A-62 Mobile Home Park Windshield Inspection ADDRESS: 1527 S. Standard Ave. AP# 014-321-05 OWNER OF RECORD: Newport Pacific Upland Cascade limited a California limited partnership y '7: e",,x ta+yrm"rsri�",a xK. "xa �k fi eEf Y 1527,. v.. t STATEMENT OF CONDITIONS The mobile home park aesthetics is well from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. Some violations were observed such as: inoperable vehicles, improper storage. From the inspection, most mobile units (exterior) looked fair condition. Rated: 3 T• ' • Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address:1527 S. Standard Ave. Date: 4-19-19 1 3 5 9 3 5 Front Landscape x (Wood surfaces) Paint and trim x Deck, porch, patio x Maintenance x Trash cans x Pool area x Driveway x Storage In front x Notes: House number x Outdoor lights x (Wood Surfaces) Paint and trim x Siding (brick/stone/cement) x Broken windows x 1 3 5 Fences in disrepair x Laundry Room x Shed exceeding 120 sq feet x Park x Inoperative vehicle x Coach/Trailer/Home x Commercial vehicles x Condition of asphalt (pot holes) x Sidewalks x T Parking stalls marked x Are`things loose, cracked, damaged, rotted, bug infested? Notes: There were a few Inoperative vehicles Inside park. Notes: Also, a lot of storage at porch areas. 61 65A-64 "`""'^ RECAROINO REOUESTEp SY NOM Jri E=CAN TIYLE CCt4PP14Y, INC. ESCRCW M. 117392'7B F NANA °wc» L AND WNW, Ptconow MAIL TD Ptaport Pacific Upland Cascade 88-�52644 RECORDING REQUESTED BY FIDELITY NATIONAL TITLE INS, M ORO i PGR COU11 Y,CCALFOF*M 369 San Miguel N385 -4:00 Pkwrport Beach, CA. M60 $7.00 PM MAY271988 ws,a nau.sn, N N.ws ra.+ Same as above rr L I Cii Nov nlr� ...1 IEE 5i0 00 No OydrlEft$!Gp SIATFktENf �FiG �7 SPACE ABOVE THIS UNE FOR RECORnER'S USE Corporation Grant Deed The undersigned sentinels) detlarolsl: Documentary transfer tax ispyior, deed I I computed on full value of property conveyed, or f I computation full value Its, value of lines and emumbr na.co rameining et time of axle. ( I Unincorporated area: (x) City of Santa Ana , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, R.E. F9CC11AIY.7E a-WIC4Sr INC. a corporatiun Tersonized ends, the lens of the State of California hereby GRANTS to NPIGM PACIFIC UPLPM CASCADE LIMITED, a California limited partnership the following described real property in the Santa Ana County of Orange ,State of Cal ifornio: See Exhibit PA` Attached hereto and made a Part hereof V, r, A In Witness Whereof, Mid corporation lint caused its corporate name and seal to be affixed hereto and this inairu� mant to be executed by it<- .,.._Presidrnt and ¢•rectory thcrounto duly authorial. Uatcd Mau .2 j,, 1tl.RA I STATE OF CALIFORNIA COUNTY OF orange ss fry On May 25 f 1986 , before me, the President undersigned, s Notary Pubht m an fur said Slate. personally H •�,' appearcd Rnr1a4Oh Rrawar Secretary personally known to me or proved to me on The basis of same factory evidence to be the person who txetured the within mstrufntnt s thq Ponudcnt. and a E D pciwnalty known to me or proved to me an thrbuis of taiisfavory evidence to be The person who extcuted the with m m irmeor " the AISecretary of the Corporation tf executed the within msteomem AY and acknowledged To me @al Weh corporation executed Th, ='KOMAI�Cllfl" :0sawithin IMtrunrent pufsefnt to Its by4aws or a resolution of hs trbeard of directors u, woo WIT`rhSS rap hafn/d and olLoal seal MAIL TAX 5TAW*& IkKM%1CTED ABOVE mmrr "A" THAT PORTION OF THE LAW AWL7ME0 70 KGLL, CEORTXON OF ARSS 62 AM 63) 1N THE CITY OF SANTA AM, COUNTY OF ORANGE, STATE OF CALIFORNPA, AS DE9MED IN 'M FINAL DEtiEE or PORTION OF THE RANGYY§O SANTI GO DE SANTA AM, A CMTIFIFD GORY OF WHICH AS REDORDFO SMnEM ER. 12, 1868, IN BODC 'd", ME 410 OF J[DC,44ENTS OF LOS ANGELES O;UNP"l, CALIFORNIA, DESCR IM A5 FCLLOWSs SEDINPPPEI^i NS T. IOINT ON 11M CENTER t.rNF OF STANDARD AVW E, PS DES: MED IN DBMS TO THE ODUPSIY OF ORANaE, AID TO THE CITY OF SANTA ANA, RECORDED ON OCT03ER 22, 1930 M BOOK 423, ME 360, OFFICIAL RWOMS AM ON 10WER 13, 1930, XN DOW 438, PA= 133, OFFICIAL RECORDS OF SAID ORAWE CWNTY, DISTANT TF,ERMN NORTH 0 DB5REFS 33, 40" EAST 9$0.89 FEET FROM TR' NORM LIPS OF TMcr M. 696, AS PER MAP R=RDID IN BOOK 20r PAGE 45, MXCELLANECOS MATS, IN THE OFFICE OF THE OM7NPY RE:WRDER OF SAID CY3UM, THENCE ^aOIM 69 DEGRkI'", 23' 20" EAST 609.58 FEET TO THE Vrt$r LINE OF THE MOST OF WAX DESCRIBED IN 77TE DEED TO TES SANTA A A AND NEMRT RAILWAY CO., RECORDED, ON MAY 27, 1897, XN BOCK 34, PACE 199 OF DEEDS OF SAM ORAAIiE CCXTNTYs THENCE NORTH 0 DEN3'tEES 33' 40" FAST 250.11 FEET AWN"a SAID WEST LMI ImEmS NDRIH 89 Va-,RE:S 23' 20" WEST, 609.58 FEET TO SAID CENTER LENS OF STANDARD AVTNNUEi THENCE Sa= 0 DEMBES 33' 40" WEST 250.11 FEET TO TF2 POINT OF BEGINNPN3.. 63 65A-66 St. .• • • Mobile Home Park Windshield Inspection ADDRESS: 1500 E Warren Street AP # 402-311-12 OWNER OF RECORD: Joe E. Noble and Joan J. Noble, Co -Trustees of the NOBLE FANULY TRUST dated February 22,1990 STATEMENT OF CONDITIONS The mobile home park aesthetics is fair from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. From the inspection, most mobile units (exterior) looked in fair condition. Rated: 5 65 65A-68 Sang Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address: 1600 E Warren Date: 4-19-19 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked Are things,loose, cracked, damaged, rotted, Notes: Mobile Park behind train 1 3 5 �x x x x x x x x x x x x x x x EEFEEI bug Infested? tracks The Mobile Park provides additional storage yard area for tenants 1 3 5 (Wood surfaces) Paint and trim q;Xx MaintenancePool area i Notes: 1 3 5 Laundry Room Ex Park Coach/Trailer/Home x Notes: TIA • OrderNo. Recording Requested by Escrow No. Loan No. R, William Ferrante WHEN RECORDED MAIL TO: R, William Ferrante Attorney at Law 5256 S. Mission Road, suite 134 Bonsall, CA 92003 Recorded in the County of Orange, California , GarL. Granville Clark/Recorder - 1,00 19970280838 10, 43am 06/18197 004 2002007 02 Be 002 1 11 0.00 7,00 e,00 0.00 0.00 0.00 0.00 0.00 0.00 m AA14TAXSTATEMENTS T0: srncanaove 1,♦Is uNe pow ascoAoeas use Joe and Joan Noble*DOCUMENTARYTRANSFERTAX$.0.00 .............................. 5470 Los Robles Drive .,...Computed on nsiderat on or value of Property conveyed; OR Carlsbad, CA 9200& pu on the co ldarat[Q r value less liens or t ncu n ran s remain at Um l of Sala nn,, signature W ar+MorAgentdelarminln9taa-grmName JIV APE: 402^31 !G * Rev, & Tax. Code sec. 62( TRA: -- GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JOAN NOBLE hereby GRANT(S) to the real property in the City of Santa And l Countyof Orange State of California, described as Block A and Lots 1 to 10 inclusive of Block B of the Hubbard Tract, in the City of Santa Ana, County of Orange, State of California, as per Map recorded in Book 24, Page 22 of Miscellaneous Records in the Office of the County Recorder of Los Angeles County, California, Together with all and singular, the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining and the xen>t5';' ssues and profits thereef, Dated May 2), 1997 i JO NOBL STATEOFCAUFORNIA COUNTYOF .San Diego } On May 23, 1997 before me, R. W. Ferrante personally appeared JOAN NOBLI personally known to me (or proved to me on the basis of satisfactory evidence) to be the parson(s) whose name(a) is/are subsedbed to the wftn instrument and admowfedged to me that he/sheAheyexeouted the same in his/her/their authorized capacity(les). and that by his/herrthair signature($) on the Instrument the parson(s) orthe entity upon behatf of which the person aciaQ,'exacohd.:tCe Instrument,, (this area for official notarial sea0 AROVP RECORDING REQUESTED BY: WEINSTOCK, MANION, REISMAN, SHORE & NEUMANN, A LAW CORPORATION 1888 Century'Park East, Suite 800 Los Angeles, CA 90067 AND HHRN RECORDED MAR, THIS DEED AND. UNLESS OTNBRDISE SHOMN BELOW. MAIL TAX STATEMENTS TO Warren Santa Ana, LP c/o Gerald A. Ducot 1148 Fourth St. #I10 Santa Monica, CA 90403 Recorded in the County of Orange, California IiariL. iGranville__iClark/Recorder �®A I�I■UI gG®I 19m 19980188849 12:02pm 02/17/98 004 10020100 10 07 001 S 00 0.00 6.00 12.00 0.00 0.00 0.00 0.00 0.00 0.00 QUITCLAIM DEED DOCUMENTARY TRANSPR TAX = _O_+ a computed on IuN We property conveyed or a computed on I 1 91r Vas and encum- brat mg A sale, t a Xgna a of Declarant or Agent Barbara Comitc, Trustee of the William Comito Exempt Trust as established from Trust B created under the William and Barbara A. Comito Trust originally dated 6/10/83, as amended; Barbara Comito, Trustee of the William Comito Non —Exempt Trust as established from Trust B created under the William and Barbara A, Comito Trust originally dated 6/10/83, as amended; Barbara Comito, Trustee of the Barbara Comito Family Trust as established from Trust A created under the William and Barbara A. Comito Trust originally dated 6/10/83, as amended; Barbara Comito and Sanwa Bank California, Co —Trustees of the Trust established under the Will of Georgia L. Allen pursuant to court order filed 12/31/79; and Barbara Comito and Sanwa Bank California, Co —Trustees of the Trust established under the Will of Augustus H. Allen pursuant to court order filed 9/10/82, the undersigned grantors, each as tenants —in —common, do hereby remise, release and forever quitclaim to Warren Santa Ana, LP, a California Limited Partnership, their entire right, title and interest in and to the following described real property in the City of Santa Ana, County of Orange, State of California. SEE EXHIBIT " A" *The grantors and grantees in this conveyance are comprised of the same parties who continue to hold the same proportionate interest in the property, R&T 11923(d). Assessor's parcel no, 402-311-oi,4 Executed on a AN , w fi 1998, at (City and State) W William Comito Exempt Trust as established from Trust B created under the William and Barbara A. Comito Trust originally dated 6/10/83, as amended By: i`F�c4 zwZa Barbara Comito, Trustee Trust Established under Will of Augustus H. Allen pursuant to court order filed 9/10/82 By: Sanwa Bank California � f ram — Barbara Comito, Trustee William Comito Non -Exempt Trust as established from Trust B created under the William and Barbara A. Comito Trust originally dated 6/10/83, as amended By: G ac ca62Z Barbara Comito, Trustee Barbara Comito Family Trust as established from Trust A created under the William and Barbara A, Comito Trust originally dated 6/10/83, as amended a By: Barbara Comito, Trustee Trust Established under Will of Georgia L. Allen pursuant to court order filed 12/31/79 By: Sanwa Bank California f By: lliL' •'�., Trustee Barbara Comito, Trustee 69 65A-72 STATE OF CALIFORNIA ) oa A les )ss COUNTY OF ._L) Ond,1198_ before me, _Mgr�acn dCo Myth personally appeared r raCo,Ro�+n (Notary Public) personally known to me ( to be the person4whose name($). is/arasubscribed to the within instrument and acknowledged to me that I*/she/tWy executed the same in Us/her/their authorized capacity(ies), and that by.his/her/them signature(4 on the instrument the person($),. or the entity upon behalf of which the persor*acted, executed the instrument. WITNESS my hand and official seal. (Signature Ootary) STATE OF CALIFORNIA COUNTY OF D_ M q42 G ) s s w�w�►iwwlw� � Naav�raMi O�irY (SEAL) Waam� igitwlu►tlrtlD On / 1S9W mbefore e , personally ion t ie appeared 4 / H �4A�tei otary ubllc) UU personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/leer/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person($), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (Signature of No yY) (SEAL) 65A_73 EXHIBIT 1WI LEGAL DESCRIPTION PARCEL 1: Lots 1 through 32 inclusive in Block C and lots 1 through 32 in Block D, both of the )Hubbard Tract as shown on a map recorded in Book 24, page 22 of Miscellaneous Records of Los Angeles County, California. EXCEPTING therefrom those portions included within the land described in Parcels 1, 3 and 4 of the Deed to the City of Santa Ana recorded 9-8-1971 in Book 9794, 828 of Official Records of Orange County, California. PARCEL 2: Lots 3 and 4 of the Smith and Maley Subdivision of the McClay Tract as shown on a map recorded in Book 22, page 96 of Miscellaneous Records of Los Angeles County, Califom a, together with that portion of Lot 2 of said Smith Maley Subdivision described as follows: BEGINNING at the Northwest corner of said Lot 2; thence East 169.62 feet; thence South to the Southwesterly lino of said Lot 2; thence North 50' West to the Southeast comer of said Lot 3; thence North to the point of beginning. EXCEPTING THEREFROM the Southwesterly 50.00 feet of said Lots 2,3 and 4. PARCEU: That portion of the South half of Regent Street, 60.00 feet in width, as shown on the Hubbard Street, recorded in Book 24, page 22 of Miscellaneous Records of Los Angeles County, California, as vacated by Resolution No. 70-86 of the City Council of the City of Santa Ana, a certified copy of which was recorded 10-8-1970 in Book 9426, page 109 of Official Records of Orange County, California. That portion of Park Street, $0.00 feet in width, as shown on a map of the Hubbard Tract recorded in Book 24, page 22 of Miscellaneous Records of Los Angeles County, California, vacated by Resolution No. 70-86 of the City Council of the City of Santa Ana, a certified copy of which was recorded 10-8-1970 in Book 9426, page 109 of Official Records of Orange County, California, said portion being bounded Northerly by the Westerly prolongation of the North line of Block C of said Hubbard Tract and Southerly by the Northerly line of land described as Parcel 4 in Deed to the City of Santa Ana recorded 9-8-1971 in Book 9794, page 828 of said Official Records. PARCEL 5: That portion of the Northerly 3.00 feet of Warren Street, 66.00 feet in width, as shown on a map of the Hubbard Tract, recorded in Book 24, page 22 of Miscellaneous records of Los Angeles County, California, vacated by Resolution No. 70-86 of the City Council of the City of Santa Ana, a certified copy of which was recorded 10-8-1970 in Book 9426, page 109 of Official Records of Orange County, California, said portion being bounded Westerly by the Northerly prolongation of the West line of the East 107.58 feet of Lot 2 of the Smith and Maley Subdivision of the McClay Tract recorded in Book 22, page 96 of said Miscellaneous Records. 71 65A-74 EXCEPTING therefrom those portions included within the land described as Parcels 1, 3 and 4 in Deed to the City of santa Ana recorded 9-8-1971 in Hook 9794, page 828 of said Official Records. PARCEL 6: That portion of Warren Street, 66.00 feet in width, as shown on a map of the Hubbard Tract, recorded in Hook 24, page 22 of Miscellaneous records of Los Angeles County, California, vacated by Resolution No. 7M6 of the City Council of the City of Santa Ana, a cord fled copy of which was recorded 10-8.1970 in Book 9426, page 109 of Official Records of Orange County, California, bounded Westerly by a line parallel with and distant 60.00 feet Easterly, measured at right angles, from the centerline of Grand Avenue (formerly McClay Street) as shown on a map filed in Book 12, page 46 of Records of Survey in the Office of the, County Recorder of said Orange County, and bounded Easterly by the Northerly prolongation of the West line of the East 107.58 feet of Lot 2 of the Smith and Maley Subdivision of the McClay Tract as shown on a map recorded in Book 22, page 96 of said Miscellaneous Records EARU �7: That portion of the Southerly 30.00 feet of the Northerly half of Warren Street, 66.00 feet in width, as shown on a map of the Hubbard Tract, recorded in Book 24, page •22 of Miscellaneous recrords of Los Angeles County, California, bounded Westerly by the Northerly prolongation of the West line of the East 107.58 feet of Lot 2 of Smith and Maley Subdivision of the McClay Tract as shown on a map recorded in Book 22, page 96 of said Miscellaneous Records, and Easterly by the Westerly line of the land described in Parcel 2 of the Deed to the City of Santa Ana recorded 9-8-1971 in Book 9794, page 828 of Official Records of Orange County, California. SUBJECT to that certain lease date 12/18/1970 executed by Augustus H. Aden, et al, as Lessor and Lewis E. Williams, R. Allen Lowe, William H. Campbell and Daniel L. Evans, as Lessee, as assigned to Robert E. Fair and Virginia T. Fair, as Lessee, by mesne assignment recorded 5-16- 74 for a period of 35 years commencing 6-15-1970 and expiring 6-15-2005 calling for abase monthly net net net rental of $4,287.25 . 2 65ik-75 4/22/2019 Properly Detail Report Property Detail Report for: kjDIGITAL MAP 0026ndr,40r44 naoucI 1500 WARREN ST, SANTA ANA, CA, 92705-4262 Owner Information: Owner Name: WARREN, SANTA ANA Mailing Address: 11611 SAN VICENTE BLVD STE 640, LOS ANGELES, CA, 90049.6502 Vesting Code: PA Vesting Code Desc: PARTNERSHIP Owner Type: Location Information: Legal Description: HUBBARD TR LOT 1 BLK C AND LOTS 2.321NC ALL IN BLK C AND LOTS 1.30 INC A LL IN BLK D AND SMITH & MALEY$ SUB POR LOTS 2,3 & County: ORANGE Parcel No. (APN): 402.311.14 FIPS Code: 06050 Alternative APN: _ Census TrotfBlk: 074403 / 1 Legal Book/Page: J Twnshp-Rnge-Sect: .. Map Ref: H4.829 Legal Land Lot: 1 School District: `KJ Legal Block. Subdivisan C HUBBARD TRACT --------------------- Last Market Sale Information Recording Date: New Construction: -. Sale Date: _ 1st .Mtg Amount: Sale Price: 1st Mtg Type: Price Per SF: 1st Mtg Doc No: Price Per Acre: Sale Doc No: Deed Type: Transfer Doc No: 19980085649 Sale Type: Title Company: Lender: Seller Name: Last Transfer of Ownership: Recording Date: 2117/1998 Book Number: Document Number: 19980085549 page Number: Doc, Type: QC Prior Sale Information: Recording Date: Sale Type: Sale Date: Transfer Doc. No.: Sale Price: New Construction: Sale Doc, No.: Seller Name: Title Company: Lender: Property Characteristics: Building Area (SF): 4,626 Total Rooms: No. of Units Bedrooms: No. of Stories: 1 Bathrooms: 0 Yr Buiit/Effactive: 19711 Basement: YES Condition: Basement Area (SF): Construction: Heat Type: Roof Type: Air Cond Type: Roof Material: Fireplace: Parking Spaces: 0 Site Information: Zoning: Assessor Acreage: 18.9 County Use Code: 3 Calculated Acreage: 19.2719 County Use Code Desc: COMMERCIAL Assessed Lot SF: 823,305 Land Use Code: 2000 7galcculated Lot SF: 839.484 dc1soatialstream.com/GetBvKev.asnxadetaSnnrra=SSPrmPmnwfi,rS.11c n7.6I9.LmAl--Omnoaoly 4/2212010 Property Detail Report Property Detail Report for: JNDIGITAL MAP 04"jadr4ppiw 1500 WARREN ST, SANTA ANA, CA, 92705-4252 Owner Information: Owner Name: NOBLE, JOAN J JOAN J NOBLE REVOCABLE TRUST Mailing Address: , , , 00000.0000 Vesting Code: TR Vesting Code Case: TRUST Owner Type: Location Information: Legal Description: HUBBARD TR LOT 1 BILK A ALL -EX STS- AND ALL -EX STS- LOT 2 AND ALL -INC P OR ST ADJ- -EX ST- LOT 3 AND ALL -INC FOR ST ADJ- County: ORANGE Parcel No. (APN): 402.311.12 FIPS Code: 06069 Alternative APN: Census Trct/Blk: 074403 / 1 Legal Book/Page: Twnshp-Rnge-Sect: -- Map Ref: 114.829 Legal Land Lot: 1 School District: Legal Block: A Subdivison: Last Market Sale Information: Recording Date: Sale Date: sale Price: Price Per SF: Price Per Acre: Deed Type: Sale Type: Title Company: Lender: Seller Name: Last Transfer of Ownership: Recording Date: 8/1612018 Document Number: 2018000300070 Doc. Type: IT Prior Sale Information: Recording Date: Sale Date: Sale Price: Sale Doc. No.: Seller Name: Title Company: Lender: Property Characteristics: Building Area (SF): No, of Units No, of Stories: 1 Yr Built/Effective: 1971 / Condition: Construction: Roof Type: Roof Material: Parking Spaces: 0 Site Information: Now Construction: 15t Mtg Amount: 1st Mtg Type: 1st Mtg Doc No: Sale Doc No: Transfer Doc No: Book Number: Page Number: 2018000300070 Sale Type: Transfer Doc. No.: 2018000300069 Now Construction: Total Rooms Bedrooms: Bathrooms: 0 Basement: YES Basement Area (SF): Heat Type: Air Cond Type: Fireplace: Zoning. Assessor Acreage: 6.14 County Use Code: 3 Calculated Acreage: 5A623 County Use Code Desc: COMMERCIAL Assessed Lot SF: 223,941 Land Use Code: 2000 r 7��^alcu%lateedd Lot SF: 224,870 dCl.epaflAletrealn.Cem/GBtBVKOV.AenX9daiaFrmrnra=FF Arnn prnna+rhdloRiflll�.CneW„ram 1.,1u.�..,,ni......,_onnocnta,no,.<..,,_,..__�,.,.F,,,,,..�.,. ,,, „_ 4/2212019 Property Detail Report Land Use Dose: COMMERCIAL (GENERAL) Assessor Lot WID: 01 Land Use Category: COMMERCIAL (RETAIL) Topography: Tax and Value Information: Assessed Year; 2018 Market Value Year: Tax Year: 2018 Total Asad, Value: $642,100 Land Market Value: Tax Rate Code: 114103 Land Value: $342,564 Market Imprv. Value: Property Tax: $7,236 Improvement Value: $299,545 Total Market Value: Tax Exemption: Improvement %: 41LS5% AVM Value: Hazard Information: Flood Zone: Wetland Typo: Flood Panel: 06059CO276J Wetland Classification: Flood Panel Date; 12/03/2009 (� e75 % Q 4/22/2019 Property Detall Report Land Use Desc: COMMERCIAL (GENERAL) Assessor Lot W/D: 0 / Land Use Category: COMMERCIAL (RETAIL) Topography: Tax and Value Information: Assessed Year: 2018 Market Value Year: Tax Year: 2018 Total Assd. Value: $2,836,824 Land Market Value: Tax Rate Code: 11.003 Land Value: $2,561,984 Market Imprv. Value: Property Tax: $65,813 Improvement Value: $274,840 Total Market Value: Tax Exemption: Improvement %: 9.688% AVM Value: Hazard Information, Flood Zone: Wetland Type: Flood Panel: 06059CO276J Wetland Classification: Flood Panel Date: 12/03/2009 dot.spatialstream.com/GetBvl(ev.asox7dataSource=SS.Pron Prnn.Hvn.65A. 77. M,v... 1300 N. Clinton St. 77 65A-80 Mobile Home Park Windshield inspection ADDRESS: 1300 N Clinton AP # 198-201-05 OWNER OF RECORD: Roger T. Crenshaw, Clinton Mobil Estates, Inc., a California Corporation, Robert T. Crenshaw and Susan Crenshaw. STATEMENT OF CONDITIONS The mobile home park aesthetics are in excellent condition from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. No violations were observed from the inspection, mobile units (exterior) looked in excellent condition. Rated: 5 Mobile Home Perk Home Inspection Checklist Address:1300 N Clinton Date: 4.19-19 1 3 5 1 3 5 Front Landscape x (Wood surfaces) Paint and trim Deck, porch, patio x Maintenance EE Ex Trash cans x Pool area x Driveway x Storage In front x Notes: House number x Outdoor lights x (Wood Surfaces) Paint and trim x Siding (brick/stone/cement) x Broken windows x ® 1 3 5 Fences in disrepair x Laundry Room _ x Shed exceeding 120 sq feet x Park x Inoperative vehicle x Coach/Trailer/Home x Commercial vehicles x Condition of asphalt (pot holes) x Sidewalks x Parking stalls marked x Are thingsloose, cracked„damaged, rotted, bug infested? Notes: Key pad entry too complex for owners only Notes: Park has new playground equipment 79 65A-82 RECORDING REQUESTED BY ATTORNEY DANIEL B. CRABTREE WHEN RECORDED MAIL TO AND MAIL TAX STATEMENTS TO ROGER T. CRENSHAW SUSAN CRENSHAW 2457 Steamboat Springs Court Chula Vista, CA 91915 Title Ordcr No. Escrow No. Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder I IIIIiI IIIIIIIIIilnIIIIIIIIIIII IIIIIIiIIf IIIII IIIII Illlla.00 2001086531104:30pm 1 U30101 111 S 010 2 0.00 0.00 0.00 0,00 2.00 0.00 0.00 0.00 QUITCLAIM DEED THE UNDERSIGNED GRANTOR(S) DECI.ARE(S): DOCUMENTARY TRANSFER TAX is $ 0.00 CITY TAX is A 0.00 • computed on the full value ofthe property conveyed, or O computed on Ihll value less value of lions or encumbrances remaining at a,o time of sate, I] Realty net sold. ❑ Unincorporated Aroa (X) City of Santa Ana, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, ROGER T. CRENSHAW and SUSAN CRENSHAW, Co -Trustees of the ROGER T. CRENSHAW and SUSAN CRENSHAW REVOCABLE TRUST dated April 4,1995, as to an undivided 45% interest, hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to ROGER T. CRENSHAW and SUSAN CRENSHAW, Co -Trustees of the ROGER T. CRENSHAW and SUSAN CRENSHAW REVOCABLE TRUST dated Nlw,...-h.,. AA 2r L as to an undivided 45%interest, f� the following described real property in the city of Santa Ana, County of Orange, State of California: SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF. A.P.N. I98-201-05 6 Dated: / ! 1l STATE OF CALIFORNIA COUNTY OF SAN DIEGO) SS. On If /Al In I before me, the undersigned, a Notary public in and for sale State, personally appeared Room T. CRF,NSHAWand.SUSANCRVNSHAWCo.Tm,n aflhe ROGERT.CRENMIAW andSUSANCRENSHAWRev.a Tmaldared Aprad,l"$.personallyknoWn to me for proved to me on the bast; of satisfactory evidence) to be the paraonls) whose name(s) Istare subscribed to the within Instrument and acknowledged to me that hetshellhey executed the same in his/herllhefr authorized capacity;des), and that by hisrherttheir signatures) on the instrument the person(s), or the entity upon behalf of which the parson(s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY SIpNATURa OANIELB CRABTREE NOTARY'S NAME (typed or legibly printed) ROGE T. CRENSHAW Co -Trustee Of the ROGER 7'. CREN Wand SUSAN CRENSHAW Revocable Ttvst dated April 4,1995. FFUS7& CR.ENSHAW Co-Trustec of the ROGER T. CRENSHAW and SUSAN CRENSHAW Revocable Trust dated April 4,1995. Notary Stamp or Seal CANIEL R. CRABTREE COMM. #1219136 U NOTARY PUBLIC-CALIFOHNIA N lJ P CssioOEpeMy ommisinxi s �RJUNE 9, 2003 Mail Tax Statements as Directed Above Doc rua LAW OFFICE OF DAh L B. CRABTREE 65 —83 EXHIBIT "A" LEGAL DESCRIPTION Lot 1 of Tract No. 880 as shown on a Map recorded in Book 32, Page 7 of Miscellaneous Maps, in the office of the County Recorder of said County. Except therefrom the West 598.94 Feet, the Ease line of said 598-94 Feet being parallel to the West line of said Lot 1, Also Except therefrom the following: Beginning at a bolt in the center line of Seventeenth Street, said doly being 598.94 Feet North 89 Deg. 36'30" East from A Bolt that is 40 Feet North 0 Deg. 34'30" West From teh Northwest corner of Lot- 1 of Tract No. 880, as per Map recorded in Book 32, Page 7 of Miscellaneous Maps, in the office of the County Recorder of said County thence South 0 Deg. 34130" East 330 Feet parallel to the.West line of said Lot 1, thence North 89 Deg. 36130" East 192 Feet thence North 0 Deg. 34'30" West 300 Feet to the center line of Seventeenth Street, thence South 89 Deg. 36' 30" West 192 Feet to the point of beginning. Also Except therefrom the North 571,32 Feet. R"Of fts Rmmremdby NtCOROlyr4AR T(iiiy MAIL TAR OTATEMENTTO SAME AS SELOW r WHEN RECORDED MAIL TO � CLINTON MOBILE ESTATES. INC. Vo, John Grant P.O. Box 99061 E San Olego, CA • 92169 OROERND 4-9982 ESCROW NO Tam Parcel Numbers 198-201-05 DOC N 93-0103078 19-FED-1993 03159 P!4 FINO Ed in Offitiol Records of Orame County, California in A. Oranth, C?Jsty, Rkorder Paso 1 a} 2 PK-11 1 40.00' Taxi 4 1,760.00 11PACE ANOVE THIS LINE POR RECORglAR6ilOt—.- XX DOCUMENTARY MANSFER TAX IPJr:/6.o f70.__._.. __..„.,.._COMPUTED ON FULL VALUE OF pROptnfy GgNYEYEO. DR ... COMPUTED ON FULL VALUE, LUNG UENS A ENOUNSTTANCER REMAI�NNIIN��G THEREON �'TAATT yTIME OF SALE // ��.�� pq�, UTnrmF and Area,,,..,._city AI__.__.,._,,,_,._�.._.._.___., -�.. TAX PARCEL N1NIRER Ramat_ -_ em _ .- Paso.__ — FOR A VALUABLE CONSIDERATION, Fecalppt Of which is hereby acknowledged, CLINTON £NIERPRISES, LTD., A CALIFORNIA LIMITED PARTNERSHIP V the following described real propertyin the city of Santa Ana CountV of Orange , State of California: LOT 1 OF TRACT NO. 080 AS SHOWN ON A MAP RECORDED IN BOOK 32. PAGE 7 OF MISCELLANEOUS MAPS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, EXCEPT THEREFROM THE WEST $98.94 FEET. THE CAST LINE OF SAID 598.94 FEET BEING PARALLEL TO THE WEST LINE OF SAID LOT 1. ALSO EXCEPT THEREFROM THE FOLLOWING: BEGINNING AT A ESOLT IN THE CENTER LINE OF SEVENTEENTH STREET. SAID DOLY BEING $90.94 FEET NORTH 89 DEG, 36130" EAST FROM A BOLT THAT IS 40 FEET NORTH 0 DEG. 34e30" WEST FROM THE. NORTHWEST CORNER OF LOT I OF TRACT NO. 880. AS PER MAP RECORDED IN BOOK 32. PAGE 7 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY THENCE SOUTH 0 DEG. 34'30" EAST 330 FEET PARALLEL TO THE WEST LINE OF SAID LOT 1: THENCE NORTH 89 DEG. 36130" EAST 192 FEETI TNENCE NORTH 0 DEG. 34'30" WEST 330 FEET TO THE CENTER LINE OF SEVENTEENTH STREET. ]HENCE SOUTH U9 DEG. 36130" WEST 192 FEET TO "HE POINT OF BEGINNING. AT -SO SKCGET'148:HEFT M %S WFgH 571.32 PBOr. Dated • CLINTON ENTERPRISES,i LTD. &TALE OF CALI[$IRAN p �J .. / COtINNOF 1J F H.�UGF•fE'S 89. •-' �-4F' LY DARRYL O, ORSETT, GENERAL PARTNER • 8 F AL PARTNER NARYNOwA l COL-M P'T45" 103ANGELEGCOUNTY {{yyyy i P:/"amm.CxP:IcaAPn TD,iWO >A-85 OOIONF .. On tolaame, +. ') S4 4 pernntlly eppesrad ,I o 166 r r �e.__,..._..�_,_..,,...«..,...«... perannally known to me (w p(avo ton» mine__ Cads of nalisstaolory ovidence) to bo the ROMI(n) wirosa nemo(a) me subscribed to the within q Inebumem gal ecNrMwled"Itonlethe saw lnwwAlrolraNlwrtLM cp(Mchytin), and thol by. b erAhe r 6lpnoiluo(a) an Ito In5Uument the tM,;r pp(s) at the "lily upon belie" of which the „n(s) acted, wetted tiro ln5lrmnenl. G �� .0 BtLV MOJERQ WNNmsay IsmsofFtfm �'j!�¢ /M 1 Stratum4 6 tY d1 a 3424 W. Washington Mobile Horne Park Windshield Inspection ADDRESS: 3424 W. Washington Ave. Holiday Mobile Estates AP # 198-211-04 OWNER OF RECORD: Holiday Mobile Estates L. P. STATEMENT OF CONDITIONS The mobile home park aesthetics from public view are in excellent condition. Landscape areas inside the park are in excellent condition. The roadways throughout the park are in excellent condition. No violations were observed. From the inspection, most mobile units (exterior) looked in excellent condition. Rated: 5 LIT' • • Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address:3424 W. Washington Ave. Date: 04/19/2019 1 3 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked Are things loose, cracked, damaged, rotted, bug infested Notes: The property is in excellent condition. � 3 5 (Wood surfaces) Paint and trim X Maintenance X Pool area X r Notes: 1 3 5 Laundry Room X Park Eqix Coach/Trailer/Home Notes: TI M - DIGITAL MAP aq..04"u" RXK r6 3424 W WASHINGTON AVE, SANTA ANA, CA, 92703.1746 Owner information: Owner Name: HOLIDAY MOEILS ESTATES L P t TO PTN SHP Mailing Address 1107 W CHAPMAN AVE STE C. ORANGE, CA, 92869,2868 Vesting Code: Phone Numoer: Location Information: Legai Description: ALGER TR LOT 1lANO £ 27.03 PT W Se PT NE114 NW114 •EX PS RIW, SEC 10 Tit RI 0 County: ORANGE FIPS Code: 06050 Census TrcVBlk: 080104l1 APN: 109-211-04 Alternative APN: Map Rer Twnshp�Rnge•Sect: -. Legal SooW age Tract No: 13 Legal Lot: 1 Legal Block: Subdivison: Last Market Sale Information; Sale Date: Sale Price: 1 ss tvitg amount: Sale Doc No: Price Per SpFi: Ise Mug tnt Type: Transfer Doc No:. .Price Per Acre: 2" d Lug Amount: 1st 6ttg Doc No: 20d Mug int Type. Sale Type: Deed Type:. Tide Company: Lender Seller Name: Property Charaoterlstlos: Wilding Area: Total Rooms: Construction: Living Area: Bedrooms Heat Type; Garage Area: Baths: 0 Air Cond: Basement Area: Fireplace: Root Type: Parking Type: No of Stories: Roof Material: Yr isullf/Efrective: ! Quatity: Style; Pool Code: Tax and Value Information: Assessed Halve: $9S6,421 Assessed Year: 2018 Est Market Val: Lend Value. 646S,S1S Property Tax, $24,023 Assessor Appd Val, improvemeniValue: $496,603 improvement%: 61.39 TaxExemp€Ion: Site Information., Assessor Acres: 8.99 Zoning Land Use Code: 200 Assessor Lot Sqi 000,177 No of Buildings: Land Use Desc: COMMERCIAL Lot WtD: of ReslComm Units: County Use Code: 3 Calculated Acres: 6.7771 SewerType Calculated Lot SgFt: 205,210 'Water Type: 87 65A-90 OE00lp .(- AWPF5'FP By 4'L'TuERN CAUFORNIA AtTORNEY SERV'tt. RECORDING REQUESTED By; ) JEFFREY M, VERDON, ESQ. ) WHEN RECORDED MAIL TOI ) JEFFREY M. VERDON, ESQ. ) 1980D MacArthur Blvd. ) Suite 550 ) Irvine, CA 92715 ) MAIL TAX STATEMENTS TO: ) ADVANTAGE MANAGEMENT, INC) East Iapalma #1 ) Anaheim, CA 92806 ) 90=582503 MOa'LEO IN OFFICIAL RECORoa OF tMpNO6 CouNTV, CALIFORNIA •20o PM NOV 2'90 Space Above This a For Recorders se APN # 198.211-04 P P QUITCLAIM DEED THC UNDERSIGNED QUTICLAIMOR declares: Documentary Transfer Tax is S NONE No consideration given; Transfer from California limited partnership to a California limited partnership. Mere change In form of holding title to property - the partners of quitclaimor are all of the partners of quitclaimee and hold the same proportionate interests in both quitclaimor and quitclaimce. Conveyance is exempt under California R&T Code Section 11923(d). FOR NO CONSIDERATION, SCHWARTZ & COMPANY, a California limited partnership does hereby REMISE, RELEASE AND FOREVER QUITCLAIM to HOLIDAY MOBILE ESTATES, L.P., a California limited partnership, all right, title IMSCHWARUDR.nD.on and interest In and to the following described real ro e of California; P p rry in the County pf Orange, State SEE LEGAL DI: SCRIPTION ATTACHED HERETO AS EXIMrr "A" AND INCORPORATED HEREIN SCHWARTZ & COMPANY, a California limbed partnership By. ADVANTAGE MANAGEMENT, INC General Partner Dated: October 31 , 1990 Dated: october 31 , 1990 89 65A-92 STATE OFCALIFORNIA COUNTY OF ORANGE ' ss On ear1990, before me, the undersigned, a Notary Public in and for said State, personally apped Marvin Sehwarhz and Deana D. pancheri, personally known to me (or proved to me on the basis of satisfactory evidence) to be the president and secretary of Advantage Management, Inc., the corporation that executed the within instrument and personally (mown to me (or proved to me on the basis of satisfactory evidence) to be the persons who executed the within instrument on behalf of sold corporation; said corporation being known to me (or proved to me on the basis of satisfactory evidence) to be the general partner of Schwartz & Company, a California limited partnership, the partnership that executed the within instrument, and acknowledged to me that such corporation executed the same as such general partner and that such partnership executed the same. WITNESS my hand and official seal. OFFICIAL SEAL ,& N�ANV %IaLIC CA4 PORNW MORAw.a CONNtY o8 bI c an for said State. Y Comm. axpirsr, AU04.1992 eSCHWAxrzOMMon L• � EXHIBIT A" LEGAL DESCRIPTION Parcel 1: Lot 1 of Alger Tract, as shown on a map recorded in Book 5, page 4 of Miscellaneous Maps, records of Orange County, California, Parcel 2: The East 27.93 feet of the West 66 feet of the Northeast quarter of the Northwest quarter of Section 19, Township 5 South, Range 10 West San Bernardino Meridian, lying Southwesterly of the 120 foot right of way conveyed to the Los Angeles Inter -Urban Railway Company, by deed recorded September 22, 1905, in Book 122, Page 190 of Deeds. Parcel 3: All that portion of the strip of land dedicated for future street purposes and shown as Washington Street on the map of Tract No. 1022, recorded in Hook 34, pages 20 and 21 of Miscellaneous Maps, records of Orange County, California, lying East of the Northerly extension of the center line of Bewley Street. Excepting thorefrom that portion of said strip lying Easterly of a line that is parallel with and distant Easterly 69252 feet measured at right angles from the center line of Bewley Street as shown on said map of Tract No. 1022. Parcel 4: An Easement for road purposes over the South 30 feet of the following described parcels: {a) That portion of the East half of the Northwest quarter of the Northwest quarter of Section 10, Township 5 South, Range 10 Weat, 5 6,13AM,,1ying Southwesterly of the 100 foot right of way conveyed to the Los Angeles Inter -Urban Railway Company, by deed recorded September 9, 1905, In Book 122, page 154 of Deeds. 07 act of he Northeast Section b10, Townshipt5 South, Ranget19 West .B,B &M., lying Southr of the westerly terly quarterwest £ he of 120 foot light of way conveyed to Los Angeles Inter -Urban Railway Company by deed recorded September 22, 1905, in Book 122, page 190 of Deeds. Excepting therefrom all oil, gas, hydrocarbons and other minerals lying in and under 500 feet below the surface of the property, without right of surface entry as reserved in the deed from Alvin R. Isenberg mid Esther R. Isenberg, who acquired tide as Esther M. Isenberg, husband and wife, as Joint tenants, W.M. Clifford and June M. Clifford, husband and wife, Ray Roush and Mildred Roush, husband and wife:, and Max Desatalk, and Etta Desamik, husband and wife, recorded November 13, 1959. ESfmWARUDIUMon 1510 E. Fairhaven 65X-95 Mobile Home Park Windshield Inspection ADDRESS: 1510 E. Fairhaven Ave. Lake Park Santa Ana N. AP # 396-261-01 OWNER OF RECORD: F. R. A., L. P. STATEMENT OF CONDITIONS The mobile home park aesthetics From public view are in excellent condition. Landscape areas inside the park are in excellent condition. The roadways throughout the park are in excellent condition. No violations were observed. From the inspection, most mobile units (exterior) looked in excellent condition. Rated: 5 as 65A-96 SantaAna Code Enforcement Division Mobile '"° fir. Home Inspection eo Checklist Address:1510 E. Fairhaven Ave. Date: 04/19/2019 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences In disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked � Are things loose, cracked, damaged, rotted, Notes: 1 3 5 1 3 5 (Wood surfaces) Paint and trim _ X Maintenance X Pool area X t Notes: X X X X X X X X Laundry Room Park Coach/Trailer/Home Notes: 1 3 5 X X X X X X X X X X X X bug infested? - The property is in excellent condition. r RECORDING REQUESTED BY FIRST AMERICAN TITLE NATL.MOMEBU/LDER SERVICE'S 3 FIRST AMERICAN WAY SANTA ANA, CA 92707 WHEN RECORDED MAIL TO: F.R.A., LP 1702 FAIRHAVEN AVENUE SANTA ANA, CA 92705 ATTN: MARLA NOEL Recorded In Official Records, Orange County Tom Daly, Clerk-Recarder II II III IIIII IIII III II II II I IVl llll l llil l l 111 111 l a 111 ll l 3 5.00 2005000087172 11:05am 02/03/05 227 20 Q01 4 0.00 0.00 0.00 20.00 0.00 0.00 0.00 0.00 1-1y 11 US- 1 THIS SPACE FOR RECORDER'S USE ONLY QUITCLAIM DEED THIS PAGE ADDED FOR RECORDING INFORMATION (ADDITIONAL, RECORDING FEE APPLIES) TO PROVIDE ADEQUATE SPACE 95 65A-98 rruuev ...u...vewue.. e•eea,..0 a�.. F.R.A., LP 1702 FAIRHAVEN AVENUE SANTA ANA, CA 92705 AP# 04 ATTN: MARLA NOEL DOCUMENTARY TRANSFER TAX $ SPACE ASOVE THIS LINE FOR RECORDERIS USE Conputed on the cornsi ; rake" ifo or'value of property conveyed; at Computed on the consideration or value less liens or encumbrances remainirN) at time of sale. Signature of Declarant or Agent Actual consideration • less than S100 QUITCLAIM DEED FOR A VALUABLE COMBIDERATICNI, receipt of Which is hereby acknowledged, L. P. S . N. , LLC, does hereby REMISE, RELEASE AND FOREVER CXIITCLAIM to F.R.A., LP, the successor -in -interest to Santora Company, a corporation, the real property in the City of Santa Ana,. County of Orange, State of California, described on Exhibit A which is attached hereto. DATED: �, zoos STATE OF CALIFORNIA D COUNTY OF ORANGE ) On �17 , r 2�', 2005, before me, RUTH VELEZ, a Notary Public, Personally appeared MURL FAST, JOHN NEIL STANLEY, FRED FORGY, JR. and CHARLES T. MOFFITT, personally known to me to be the persons whose names are subscribed to the within instrurent and acknowledged to we that they executed the same in their authorized capacities, and that by their signatures on the instrument the persons or the entity upon behalf of which the persons acted, executed this instrument. WITNESS my hand and official. seal. ( Signature MAIL TAX STATFMFMT TO L,P.S.N., LLC, by: Murl Fast, Manager 1. .C��'�'� �l >�•%�/i cJOM Neil Stanle/y, Mafnager tred For Jr`/. , n er Charles T. MoffitManager MAIL TAX STATEMENTS To RETURN ADDRESSA80VE. 96 65A-99 (This area for notarial seal) I al a 8 A ,i .n All that certain land situated in the State of California, County of Orange, City of Santa Ana, described as follows: Parcel , as shown on Exhibit "B" attached to Lot Line Adjustment No. 2004-7 recorded concurrently herewith in the Official Records of Orange County, California. EXHIBIT "A" 97 65A-100 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY: DATE COMMISSION EXPIRES: C/ 7' COUNTY WHERE BOND IS FILED:�� COMMISSION NUMBER: MANUFACTURERIVENDOR NUMBER: _ AAAL I CERTIFY UNDER PENALTY OF PERJURY THAT THE ILLEGIBLE PORTION OF THE DOCUMENT TO WHICH 'f HIS STATEMENT IS ATTACHED READS AS FOLLOWS: PLACE OF EXECUTION: SANTA ANA DATED: SIGNATURE: FIRST AMERICAN TITLE INSURANCE CO. 65,8-101 1517 N. Newhope St. 99 65A-102 Mobile Home Park Windshield Inspection ADDRESS: 1517 N. Newhope St. AP # 198-301-01 OWNER OF RECORD: Mary Prescott, Trustee of the Prescott Trust STATEMENT OF CONDITIONS The mobile home park aesthetics is excellent from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. Some violations were observed such as; inoperative vehicles, some Coaches were mussing numbers. From the inspection, most mobile units (exterior) looked excellent conditions. Rated: 5 65i4"--103 Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address:1517 N Newhope 5t. Date: 4-19-19 ®® 1 3 _ 5 1 3 5 Front Landscape x (Wood surfaces) Paint and trim x Deck, porch, patio x Maintenance x Trash cans x Pool area x Driveway x Storage In front x Notes: House number x Outdoor lights x (Wood Surfaces) Paint and trim x Siding (brick/stone/cement) x Broken windows x 1 3 5 Fences in disrepair x Laundry Room x Shed exceeding 120 sq feet x Park x Inoperative vehicle x Coaoh/Trailer/Home x Commercial vehicles x Condition of asphalt (pot holes) x Sidewalks x Parking stalls marked x i Are things loose, cracked, damaged, rotted, bug Infested? t Notes: Well maintained mobile home park. Notes: 101 65A-104 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: C. Arthur Nisson, Esq. 17501 Irvine Blvd., Ste. 9 Tustin, CA 92780 Documentary Transfer Tax: None. Correction Deed Subject to encumbrances of record Recorded in Official Records, Orange county Tom Illllll IIIIIIIIIIIIIiIIIIINIIIININIIIII IIIII IIIII IIIII IIIII Iilllllllllll 6.00 200600081083911;50am 12104/06 a93 ISO oat t 0.00 "0 0.00 0.00 0.00 0.00 0.00 0.00 Above !'his Line APN:198-301-01,198-301-02 & 198-301-04 Commonly known as: 4400 and 4414 Westminster Avenue and 1517 N. Newhope Stre-cl, Santa Ana Califoffrin 92703 Dated: May 8, 2006 Family Trust Dated J 27, 1994 a rescott STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. THIS DEED IS RECORDED TO CORRECT AN AMBIGUITY (IN THE DATE OF THE TRUST) IN THE DEED RECORDED ON 01/30/04 AS INSTRUMENT NO, 2004000071898 On 2006, before me, 4 Notary Public, personally appa ed MA Y M. PRESCOTT, persona ly known to ma, or proved to me on the basis of satisfactory evidence, to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. C. S.1Y0N5 COMM 01622476 Notary Public - California 0 Orange County camml aes Wv, 172W9- likty Notary P is in and for Said County and State MAIL TAX STATEMENTS TO: 18752 tWreIt,,, 0 to Ana, CA 92705 323 N. Euclid St. 103 65A-106 Mobile Home Park Windshield Inspection ADDRESS: 323 N. Euclid St. AP # 100-291-04 OWNER OF RECORD: Tina Stangeland Trustee of the Stangeland trust. t, hRs A x � 9 k. v� y � 5f 3 ;n r STATEMENT OF CONDITIONS The mobile home park aesthetics is excellent from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no pot holes. Some violations were observed such as: homes were missing number. From the inspection, most mobile units (exterior) looked excellent conditions, Rated: 5 Address:323 N Euclid St. Date: 4-19-19 Front Landscape Deck, porch, patio Trash cans Driveway Storage In front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick1stonetcament) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked Notes: Mobile home park well maintained, Mobile homes missing house numbers YY o 1 3 s x (Wood surfaces) Paint and trim x Maintenance x Pool area r - x x Notes: 11 x x Laundry Room Park Coach/Trailer/Home Notes: Clean x x x x x x x x x 1 3 5 qxx x 1 3 5 x x x 105 65A-108 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: Law Office,of Pal(Ila Hyatt-Mctntire 950 Tharp Rd., Ste. 701 Yuba City, CA 95993 MAIL TAX STATEMENTS TO; Richard and Tina Stangeland, Trustees 1707 Daphne Lane Yuba City, CA 95993 APN: 100.291-03, 04 Recorded in Official Records, Orange County Hu InNguyen, Clerk -Recorder 111111111,11111111111111111111111111111111111111111111111'111111111111 107.00 • $ R 0 0 1 0 1 4 0 4 4 8 $* 201800020881410:03 am 06/07118 143 401 G02 2 0.00 0.00 20.00 0.00 3.00 0.00 0.000.0076.00 3.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE Trust Transfer Deed Grant Deed (Excluded from Reappraisal Under Proposition 13, i.e., Calif. ConsL Art 13A §I or. seq.) The undersigned Grantors) declarc(s) under penalty of perjury that the following is true and correct: Documentary transfer tax is 5-0-. R & T Code Section 11930—Transfer to Grantors Revocable Trust [] Computed on full value of property conveyed, or[] computed on lull value less value orliens and encumbrances remaining at time orsale or transfer. Q Unincorporated area X City of Santa Ana and This is a Trust Transfer under §62 or the Revenue tmd Taxotion Code and Grantor(s) has (have) checked the applicable exclusion; Transfer to a revocable trust, Transfer to a trust where the trustor or the trustor's spouse is the sale beneficiary; [] Change of trustee holding title; d Transfer from trust to trustees spouse where prior tmnsferto trust was excluded from reappraisal and for a valuable consideration, receipt of which is acknowledged. TINA ST'ANGELAND, who acquired tide as TINA STRANGELAND, hereby GRANT(S) to TINA STANGELAND, Trustee of the Stangeland Trust, under Declaration of Trust executed December 10, 1993, all her undivided interest in the following described real property in the City of Santa Ana, County of Orange. State of California: See Exhibit "A" attached hereto and made a part hereof Commonly known as 323 N. Euclid Street, Dated: May 31, 2018 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 truthftdness, accuracy, or validity of that document State tyofS tier _ On of Sutter On May 31, 2018, before me, RACktEL A. TODD, a Notary Public, 'TINA S'1'ANGBLANU personally appeared TINA ST'ANGELAND, who proved to me on the basis of satisfactory evidence to be the persona) whose name(z), igitid subscribed to the within instrument and acknowledged that !sh /t executed the same in s er/th authorized capacity(*), and that by /h r i signature(t) on the instrument the person(e9, or the entity upon behalf of which the persons) acted, executed the instrument, I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true mid correct. and mu RACHEL A. TODD Commission # 2125376 NotaryPublic- California Sutter county kiComm. Expires Au 29, 2019 rr Vn y 65K 109 EXHIBIT "A" The South 396.00 feet of the Northwest one -quarter of the Southwest one -quarter of the Southwest one -quarter of Section 9, Township 5 South, Range 10 West, City of Santa Ana, Orange County, California, in the Rancho Las Bolsas, as per Miscellaneous Maps, Book 51 Page 12, Records of Orange County, California, described as follows: Beginning at the Southwest corner of the Northwest one -quarter of the Southwest one -quarter of the Southwest one -quarter of said Section 9, said corner being in the centerline of Euclid Street and bears North 0° 36' 20" West, 672.95 feet from the centerline intersection of Euclid Street and Bolsa Avenue; said corner being the true point of beginning: thence along the South line of the Northwest one -quarter of the Southwest one -quarter of the Southwest one -quarter of Section 9, North 890 20' 07" East, 660.64 feet, to the Southeast corner of the Northwest one -quarter of Section 9; thence along the East line of the Northwest one -quarter of the Southwest one -quarter of the Southwest one -quarter of section 9, North 00, 35' 51" West,. 396.00; thence parallel with the South line of the Northwest one -quarter of the Southwest one -quarter of the Southwest cane -quarter of Section 9, South 99°-20' 07" West, 660.70 feet to a point in the centerline of Euclid Street; said point bears South 01 36' 20" East, 276.96 feet from the centerline intersection of Euclid Street and Fifth Street; thence along the centerline of Euclid Street, South 0° 36' 20" East, 396.00 feet to the true point of beginning. Excepting therefrom the West 50.00 feet. 107 65A-110 4801 W. ls' St. 108 65A-111 Mobile Home Park Windshield Inspection ADDRESS: 4801 W I" Street AP # 100-601.25 OWNER OF RECORD: Janice E. Pedone, Walden A. Rose, David L. Rose, Nancy L.Varga. STATEMENT OF CONDITIONS The mobile home park aesthetics is in fair from public view with the exception of fire damage coach. Landscape areas inside the park are well kept. The roadways throughout the park have no potholes. Some violations were observed such as: improper storage, etc. From the inspection, most mobile units (exterior) looked in fair condition. Rated: 3 65A-112 Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address: 4801 E First Date: 4-19-19 -- _ off Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked MAre things loose, cracked, damaged, rotted, Notes: #4 Fire damage 1 3 5 i 3 _ 5 (Wood surfaces) Paint and trim x Maintenance x Pool area x ( i Notes: x — x x x x x x x 7COachffraller/H7ome E Notes: 3 5 x - x x x x x x x x x x x bug Infested? 65110 A-113 J Recorded In Official Records, ©range County alyl r Glerk-Recorde RECORDING REQUESTED BY AND Tom I��9palil12:0� WHEN RECORDED RETURN TO: 2011000237693 9:30 am 05/12/11 Dale K. Bethel, k D 276 418 Qo1 s Temecula, Single Oak Drive 90 0.00 0,00 0.00 0.00 6.00 0.00 0.00 0.00 Temeoula, California 9259t) QUITCLAIM DEED A.P.N.: 100-' 01-26 THE UNDERSIGNED GRANTOR DECLARES DOCUMENTARY TAX Is $-0- (This conveyance transfers an interest into or out of a Living 3 `' Trust, R&T 11930) FOR NO CONSIDERATION, David L, Rose, as a married man as his sole and separate property, as to an undivided 26% interest, hereby remise, release and forever QUITCLAIM SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. DATED: UL Q l Davie L. ose MAIL TAX STATEMENTS TO: Mr. and Mrs. David L. Rose 37388 Old Oak Terrace Murrieta, CA 92562 111 65A-114 �XNiA�1T fti LEGAL DESCRIPTION PARCEL 3 A portion af. the Northwest one -quarter of the Southeast she —quarter of the Southwest one -quarter of Section 9; Township B South, Range 10 West, as per miscellaneous Maps, Book S1, page 7, Records of Orange County, California, in the Rancho Lae Bolans, described as followa: Beginning at the Northeast corner of the Northwest one -quarter of the Southeast one -quarter of the Southwest one -quarter of said $action 9, said point being in the centerline of Fifth Street and bears South .69°1SISS"..West, 660.73 Pest from the centorlina intersection of Fifth Street and Newhops Street; thence along the Coat line of said Northwest one -quarter of the Southeast one -quarter of the Southwest one -quarter of Section 9, South 00341S4w East, 155.38 Post to the true point of beginning; thence continuing along said East line, South 0®341S4" East,. 520.00 feet to the Southwest corner of Tract No. 5623, miscellaneous flaps, Book 214, page 13, said Southwest Corner being the Southeast corner of the Northwest ona-quarter of the Southeast ono -quarter of the Southwest one - quarter of Section 9; thence along South line of the Northwest one -quarter of the Southeast one -quarter of the Southwest one - quarter of Section 9, South 69020107" West, 164.S4 feet; thence North 0"3512311 West, 520.00 feet, thence North 85020/071 East, 164.61 foot to the true point of beginning. Contains a.5646Acres. 65k 115 STATE OF CALIFORNIA COUNTY OF•_ICW Aco On ina"y ' e,ared�- before me, d�� allotaryPublic, personally p eared avid L. Rnse, w�'-io"-proved to me on h� a balls of satisfactory evidence to be the persons) whose names) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herltheir authorized capacity(Ies)), and that by histher/their signatures) on the instrument the persnn(s), or the entity upon (�ehaIf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and offici seal, Signature NOTARY PO IC 0 CALIFORNIA 8 RIVERSIDE CONT1 NYCmsn. lies JAN.17, 20i4 r 113 65A-116 t+ s }ikl bRDING RPbUESTED BY: AND WHEN R,EC RRDED MALL Td AN' -1 L TAX STATEME Tn S TO: Janice E. Pedone 28682 Bolanos Mission Viejo, CA 92692 Recorded In official Records, Orange County Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIIIVIIIINIIdIIIiIIIIINIIIIIIIIiillllll 29.00 2008000030620 11:59am 01/22/08 105 48 G02 2 0.00 0.00 20,00 0.00 3.00 0.00 0.00 0.00 DOCUMENTARY TRANSFER TAX is $ 0. G Unincorporated area: City of Santa Ana, California x This conveyance is exempt from Documentary Transfer Tax: This is a bona fide gift and the grantor received nothing in return, R & T 11911. x Excluded from Reappraisal Under proposition 13, California Constitution Article 13A § 1, et seq. x This conveyance does not constitute a "change of ownership", R & T 63. This conveyance is a transfer of interest from parent to parent's children and is exempt under R & T 63.1 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Janice E. Pcdone, successor trustee, The Eaton A. and Violet M. Rose Trust dated September 13, 1990, hereby GRANT(s) to Janice E. Pedone as a married woman as her sole and separate property, as to an undivided 25% interest; Waidon A. Rose, as a married man as his sole and separate property, as to an undivided 25% interest; David L. Rose, as a married man as his sole and separate property, as to an undivided 25% interest, and Nancy L. Varga as a married woman as her sole and separate property, as to an undivided 25% interest, the real property in the City of Santa Ana, County of Orange, State of California, and described as follows: see Exhibit A"attached hereto (ASSESSOR tAmRL,NUMBER: 100 6012" Dated: 2.0- 07 �F�nc�O Janice E. done, successor trustee, The Eaton A. and Viol t . Rose `Trust dated September 13,1990 STATE OF CAL wORN1A } COUNTY OF n 6 J2— — )SS dog �G �c.»tg, _ grlot�_ a peof satisfactory person(�J whose narne(s) iad to me that etl the same in i}Cs her/theirature(r) on the son(S), or the entity upon behalf of whieh the person(s�'acted, executed the instrument. WITNESS my an d officials al. tAnNA COWDON Signature < ConYY1Won 0 1574949 "MY RM • Comomlo QRxlpa Cowry Lamm ntnyla,aaav 65i7=117 t=XNi��r t� loor LEGAL DESCRIPTION PARCEL 3 A portion of the Northwest one —quarter of the southeast one —quarter of the Southwest one —quarter of Section 9, Township 5 South, Range 10 West, as per miscellaneous Maps, Book 510. page 7, Records of Orange County, California, in the Rancho Las Bolsas, described as follows: Beginning at the Northeast corner of the Northwest one —quarter of the Southeast one —quarter of the Southwest one —quarter of said Section 9, said point being in the canterline of Fifth Street and bears South 89"15'55" West, 660.73 feet from the centerline intersection of Fifth Street and Newhdpe Street; thence along the East line of said Northwest one —quarter of the Southeast one —quarter of the Southwest one —quarter of Section 9, South 0°34'54" East, 155.38 rest to the true point of beginning; thence continuing along said East line, South 0034154" East,. 520.00 feet to the Southwest corner of Tract No. 5823, Miscellaneous Maps, Book 214, Page 33, said Southwest corner being the Southeast corner of the Northwest one —quarter of the Southeast one —quarter of the Southwest one — quarter of Section 9; thence along South line of the Northwest one —quarter of the Southeast one —quarter of the Southwest one — quarter of Section 9, South 89020107" West, 164.54 feet; thence North 0*35123" West' 520.00 feet; thence North 89020'07" East, 164.61 feet to the true point of beginning. Contains 1.5646 Acres. 115 65A-118 518 S. Sullivan St. 65X6119 Mobile Home Park Windshield Inspection ADDRESS: 518 S. Sullivan St. AP # 109-021-01 OWNER OF RECORD: Country Club Land STATEMENT OF CONDITIONS The mobile home park aesthetics is well from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. Some violations were observed such as: trash cans, and missing house numbers. From the inspection, most mobile units (exterior) looked in excellent conditions. Rated: 3 117 65A-120 Santa Ana Code Enforcement Division Mobile Home Park Nome Inspection Checklist Address:518 S. Sullivan St. Date: 4.19-19 1 Front Landscape Deck, porch, patio Trash cans x Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (bdck/stona/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked Are things loose, cracked, damaged, rotted, bug Iq Notes: Mobile homes are not numbered. Trash cans left out. 3 5 1 3 5 x (Wood surfaces) Paint and trim x x Maintenance x Pool area x x Notes: x x x x x 1 3 5 x Laundry Room x x Park x x Coaeh/Traller/Home x x x x x Notes Clean ool area. 65A8121 FIRST AMERICAN TITLE INSURANCE COMPANY RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: First American Title Insurance Company 777 South Figueroa Street, Suite 400, Los Angeles, California 90017 And Mail All Tax Statements To: Country Club Land — 098, L.P. c% York Galland P.D. Box 1848 Provo, UT 84603-1848 THE UNDERSIGNED GRANTOR(S) DECLARE(s): DOCUMENTARY TRANSFER TAX IS $0.00 Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder I IIIII I I IIIIII III IIIII IIIII Hill IIIII IIIII IIIII I{lll lllll 11111 Jill 111111lll 38.00 * 8 R 0 0 0 8 1 8 2 3 3 7$ 2016000081508 8:00 am 02129116 7402 Q01 F13 4 0100 0.00 0.00 20.00 9.00 0.00 0.00 0.00 �K Thls Conveyance confirms title to tlWgrantee, who continues to hold the aetne interest acquired on 111202000, Document No. 20000637176, wherein $ None Documentary Transfer Tax was paid. R & T It 911 PT-T : it O.00 APN 109-021.01 QUITCLAIM DEED FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Rodger D. Galland and Margaret R. Galland (aka Margaret Virginia Galland and Virginia Galland), Trustees of the George H. Rose Irrevocable Trust dated December 29, 1977 hereby remise, release and forever quitclaim to Country Club Land - 098, L.P., a Utah limited partnership any and all right, title and interest in that certain property located in the City of Santa Ana, County of Orange, State of California ("Property"), which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference. IN WITNESS WHEREOF, this Quitclaim Deed has been executed on February 2016. (Signature 0nf0110w11rgpag0j Mail Tax Statements to Return Address Above A-1 354-020 Quilelaim need p I 119 65A-122 George 1-I. Rose Irrevocable Trust dated December 29, 1977 By: Rodger a an�dy/Ttusrtxe-e-/,t1-uj By: Marg r R. Galland (aka Margaret Virginia Gailand and rginia Galland), Trustee 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 Utah County of "j On February 1!1_, 2016 before me, st� Notary Public, personally appeared 1 r who pf6ved to me on the basis of satisfactory evidence to be tile person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized eapacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon bohalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Gail-wei that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature e - /°"+. JESSICA LYNN ALVEY TMOUBIIC•STATE.OFUrAH MMISSION# 082889 COMM. EXR 04-27.2019 4 354.020 Quitelann Uceddac 65K 123 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 Utah ) County Of.. (A4,k ) On February 19, 2016 before me, _ -%-Lt „_, Notary Public, personally appeared who"proved to me on the basis of latisfacto6 evidence to be the polson(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify tinder PENALTY OF PERJURY under the taws of the State of that the foregoing paragraphistrue and correct. WITNESS my hand and official seal. ---._... Signature_ �—Pl � JESSICA LYNN Off r NOTARY MUC•STATEOFUTAH ft ,,COMMISSION#682851 I r COMM. EXP. 04-27.2019 i 3 354.020 Quitclaim Deed.doc 121 65A-124 Exhibit A TO QUITCLAIM DEED Real Property Description The real property referred to herein is located in the State of California, County of Orange, City of Santa Ana and described as follows: PARCEL 1: THAT PORTION OF LOT 2 OF THE SEPULVEDA TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP ATTACHED TO A DEED RECORDED IN BOOK 31, PAGE 197 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT SOUTH 551.76 FEET FROM THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO C.G, LINNINGTON ET AL., RECORDED IN BOOK 52 PAGE 233, OF DEEDS OF SAID LOS ANGELES COUNTY; THENCE WEST 1263,90 FEET; THENCE SOUTH 413.16 FEET.; THENCE EAST 1263.90 FEET TO THE CENTER LINE OF THE COUNTY ROAD; THENCE NORTH 413.16 FEET ALONG SAID CENTER LINE TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED APRIL 27, 1962 IN BOOK 6090 PAGE 835 OF OFFICIAL RECORDS OF ORANGE COUNTY. PARCEL 2: THE SOUTH 1,50 FEET OF THAT PORTION OF LOT 2 OF THE SEPULVEDA TRACT, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP ATTACHED TO A DEED RECORDED IN BOOK 31 PAGE 197 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE LAND DESCRIBED IN THE DEED TO C.G. LINNINGTON ET AL., RECORDED IN BOOK 52 PAGE 233 OF DEEDS OF SAID LOS ANGELES COUNTY; THENCE WEST 1263.90 FEET; THENCE SOUTH 551.76 FEET, THENCE EAST 1263.90 FEET; THENCE NORTH 551.76 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION THEREOF DESCRIBED IN THE DEED TO THE CITY OF SANTA ANA, RECORDED APRIL 27, 1962 IN BOOK 6090 PAGE 835 OF OFFICIAL RECORDS OF ORANGE COUNTY. APN: 109-021.01 A-1 354-020 Quitclaim Dccd.doc 65k 125 2901 W. ls' St. 123 65A-126 Mobile Home Park Windshield Inspection ADDRESS: 2901 W.1" St. AP # 405-222-10 OWNER OF RECORD: ARR 1965 Ali T t1 STATEMENT OF CONDITIONS The mobile home park aesthetics is well from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. Some violations were observed such as: trash cans. From the inspection, most mobile units (exterior) looked fair conditions. Rated: 5 65X4127 Santa Ana Code Enforcement Division Mobile Home Park • Inspection Checklist Address:2901 W. 1st St Date: 4/19/19 3 Front landscape Deck, porch, patio Trash cans X Driveway Storage In front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked X 5 X X X X X X x X X X X X X X X 1 3 5 (Wood surfaces) Paint and trim N/A Maintenance X Pool area N/A Notes: 1 3 5 Laundry Room X Park N/A Coach/Trailer/Home x P Are things loose, crocked, damaged,, rotted, bug Infested? Notes: Trash cans loft out. No additional parking provided. Notes: No park or pool. , 125 65A-128 Eforow No. Loan No. DE CAU RNIA 188- 24W CNOl7NiY, WHEN RECORDED MAIL TO: -2 gA PM W 2 5" John Duckworth 3830 E. Atlantic Ave., #39 Highland, CA 92346 E9 CI4 PACK eO4 THIS LINN FOR dOACRR'S USE MAIL TAX STATEMENTS TO: Q*'* MOMENTARY TRANSFER TAX R.,...-.m«. Sam as above ..... Computed oft dReanaidmmdao"YNue of P""Wty aaa w ICA —.computedan amm.rmm�orvua.bwetem«anourmrrnam xnrbitne at Weee NemR owm Of M � iT ieTTn�M udM - Ym ,.ea I **no consideration -Agent to QUITCLAIM DEED Principle. FOR A VALUABLE CONSIDERATION, receipt of which M hominy acknorAodged. JOHN 8. DUCMORTH and B. CMRUTINE DUCKWORTH: FRED M. MC NEAT AND SUSAM E. MC IML: TNOMAS H. MC HEAL AND CATHERINE MC NEAL do MM»v REMISE, RELEASE AND FOREVER QUITCLAIM to a=. 1865, a California Limited Partnership the red wopony in ow City of .Santa Asti I County of Orange , state of California. oMorthed as (see Exhibit "A" attached) 1. k s pm1onaef Mnov n tm tea la: neared M ma en M ONIe al YlWootory ermm es) to be am pamoMN ante /omen) bforo pubtaabod to fM WIMIoin N l WW ftWWWMdpnd Im am W, MhM" otaanRed twooft vvnwns nw nw and omm/l «et f/qn/0 4 5J4.(/rtS.RI.,�(L AIL TAX /Vat MBTATEMBNTe AS DIRECTED ABOVE (This are rev aHYge natevtal audit twee (s/se) 65AA 29 • 4 dr� STATE OF CALiFORNIA so. COUNTY OF ORANCE 88-245692 on May 24, 1908, before me, Nancy J. Stierstorfer, a Notary Public in and for said State, personally appeared rMD M. MC REAL and SUSAN E. MO VM, known to me to be the persona whose names are subscribed to the within instrument and acknowledged to we that they executed the asme. WITNESS my hand and official most. .:.. txlncw.aan4 �I naNG"y d. mt - CAMM lrmR .. � '� • � � as POW war kV o=AN(EtcQert:ts. 1Mt Nancy J. Stierstorfer $gists at C"ozn" 23rA dsyof ifa5r to s8 .bOhX6 me. County tlt gan Dernardisl0. the uroteragrod Nowrt, PubIle, personalty appwwd .Rohn R. vadworth and 9. avistim Dudwoxth. knownte me to be the persoals1 whose namapl-40 .,..„„.,�tubmrihad wsore�iwNs a OnwhMn Insttumard and soknowlsdksd tha JW a axewted the $vM for the PurposestheMn aentgned. sryw.s.w.ie,.211 1 IN WITNESS WHEREOF, I heromto SKIMYhtnd and OffIC101M041. :pCAh73C1Q 65A-130 Eaehibit. aAn 8 inning at a point in the center line of First street, said bung the South line of Section lot Towashipp 8 South, Range 10 and M., said point being 1783.03 feet Neat from the Southeast said Section 10, said point being the Southwesterly corner of described in a dead to Local Union No. 1615, recorded July 12, Soak 3134, page 296 Of official Etecor4sp-thence North 00--X3030 feet along the Westerly line of said land of Local Union No. 11 compromise line as described in that certain agreement between 0. N. Stewart and wife and L. L. Merchant and wife, recorded February 28, 1925, in Book 565, page 159 of pesde, Records of i County, California) thence North 690 141030 west along said ca to the Westerly line of the East half of the Southwest quarter southeast quarter of said Section 10p thence Southerly along s, line 64.00 feet to the Easterly boundary of the 400.00 toot ri, for river channel ass conveyed to the Newbort Protection Cistri, recorded November 18, 1910, in Book 194, page 169 of needs, Re, Orange County' thence Southwesterly along said Easterly bound&. the Southerly line of said section lop thence Easterly along s, line 479.80 feet to the point of beginning. or line t, S.B.B. a of 5, 1n at 657.41... to the line s of inn to Southerly 65A-131 306 S. Sullivan St. 129 65A-132 Mobile Home Park Windshield Inspection ADDRESS: 306 S. Sullivan St. AP # 407-091-05 OWNER OF RECORD: George Phelps Dwight TR STATEMENT OF CONDITIONS The mobile home park aesthetics requires attention/needs improvement from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. Some violations were observed such as: inoperative vehicles, improper storage, unpernutted work, missing house numbers, dilapidated skirts and auto repair. From the inspection, most mobile units (exterior) looked in poor conditions. 1 65X0133 Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address:306 S. Sullivan St. Date: 4-19-19 MQU Front Landscape Deck, porch, patio Trash cans Driveway Storage In front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq foot Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked 1 3 5 1 3 (Wood surfaces) Paint and trim Maintenance Pool area i1 Notes: x X x x x x 1 3 5 Laundry Room x Park x CoachfTraller/Home x x x x x x x x X Notes: Property maintenance required. Notes: Clean pool area, no club house, Auto repair, Illegal storage at porch/patios, lack of house numbers, Coach in disrepair. Damaged skirts Trash cans left out, Inoperative vehicles, and unparmitted additions. 131 65A-1 34 ,. OMec No. Eeerow tto. Login No. NPWM,RECUMD BY e GUMM STATE ATTO R O Sf� WHEN RECORDED MAIL TO: Mr. and Mrs, George Phelps 2323 E1 Rancho Circle Hemet, California 92343 �6-501�18 tmis I •�!!f P9N UCT 23'88 hiss , A.P. 1 407.019.05 MAIL TAX STATEMENTS To: 0001AWnAAY TROM TAX . -® SAME AS ABOVE....•.earorewatlereaabeanaaralwNprapttY eonwrrp 0n ,.,,.. fEapet.-tl oa tlaooatkglula+orrgw k:pw Warr°t>r�:a ✓ oN[e:.�y/�/,I,ry/n WIwN W. �y/�//,J��W/�1 �nrlA')1 nl '- aMmq . 9UITCLA DEED C FOR A VALUABLE CONSIDERATION, receipt of which is hmcby acknowledgq', GEORGE O. PHELPS and HELEN M. PHELPS do hereby REMISE, RELEASE AND FOREVER OUITCLAIM to GEORGE DWIGHT PHELPS and HELEN M. PHELPS as Trustees of the PHELPS FAMILY TRUST dated October 20, 1986 the reel property in the City of Santa Ana, _ County of Orange , State of. California, descelbed a That portion of Lot i Of the Sepulveda Tract, in the City of Santa Ana, County of Orange, State of California, as per Map recorded in hook 31, page 197 of Deeds in the office of the County Recorder of Los Angeles County, California, described as followse Beginning South 19.38 chains from the common corner of sections 10, 11, 14 and 15, Township 5 South, Range 10 West, which point is at the intersection of the center of the Newport Road and the South line of said Lot 1 Of the Sepulveda Tract, thence West 16 chaina along said South line of said Lot 11 thence North $ chains, thence East 16 chains parallel with said South line of Lot 1 to the center line of the Newport Road, thence South 5 chains along the center of said Newport Road to the point of beginning. Dated -October 20,. !HATE OF CALtp�O�1i�I(� bofera M1116 un *10WOda 146leeyPNtk en sudlp sue aurae Pen nalhaawnx2._4PeQ.BCxff..4_1Ii ku..alit!_ "'WADY rfgwn 10 rtM (M Meal IQ IM M do Lass of athiftom 0"00 of to ea ens Wno,yu wawa Manual W,h tubww to he sAmn henunent end eeancwww b"that 11e101mbey ao:vto "Has WrtNEa9 IM esMl and dneAtl a,ll. � 0 ! A 444✓✓✓ MAIL rax srarE RAY MIIIfA GW '![OOLta � Grw.P,eM./�rff.IhfO ITnI. NM I. Me, WI WOW N f ABOVE 1055 (E/021 naLORDINO RECUESTEO Sly 1 88-187469 AND WHEN RECOROED MAIL TO i r 1 REGORDINQLBY Ca4CAGt) 11TLEINS CO Nam. Deorge D. Phelps ••"•� fs•ro pE( tpE01N OFMIAL RECORDS Addle and Malec Phelps I' itit Op OAANOE COUNTY, CALKORNK Aw,e*' 2323 Et Rencho Circle s+n Cnvb Hemet, CA 92343 ` 4,00 AUG-81988 Some L„ rI Prd ..-_..� MAIL TAT ETATEMENTa TO"1O1 f R:Liu E f io 04 a � ri^}a4rY � . MMM``"^ '�RJ IlL�gitp Ndme s e. Fame Ad Above snores SM1 OO Cnvb CIA auto L..It�,r r ,J -'•.• SPACe ABOVE TPHS LINE FOR RECORDER'S USE Partnership Qrant Deal 10 ND NNap.86 1Q 1626 EA lir•0.tl IPRY /u5H18nCA /YwT/eOIIM1tIN000FMa eAq`� D0' TRAU.. TP.TAi tEc A BRNiLR I , a The undersigncd grantor(s) Ouclarcfs) e. 3-5 MmGE to. pEC0nt1<a 2 A Documcnian• transfer tax is ( R) uom�utcd on full Lalue of property coM'cy'ed, or f 1 computed on tali value less La'ue of hers:pd ancumbranucs remaining Rt elmc of sale. i t ) unincorporated area: ( X) City of , and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, COUTIME.IITAL HOSILE MAMOR, who acquired title as CONTIN&1TAL MOBIL MAdlOR Li a general partnership organized under the laws of the State of California hereby GILkNTS to ` yz 0601113R D. PHELPS and HETUN PMELPS, Trustees of the, Phelps Family Trust dated 10/20/86 V i the following described rcai properry in The city of Santa Apo p� Cnunr: of uragge ,State of CalMornia, 'ego•, AD per EXhibit "A" attached hereto and mare a part: hereof i Dated: duly 8, 1988 %rArF or CALIFORNIA j cm:NTY OF me, ilw nnJwIl;:%J, o Votary Public in and far said E state. pe,eunallr appeared jpennnilly known to mr Orr procad to me on [he b x?. nt cd III, %ity In by tha peisnn,,,� who <xe• i erred Frithum instrumentfthpit a( of the panncn of the cnnarship that executed she udhm ,ngrumrn6 anJ ackm+uGdged to me thu such I panm,nh,p cxreuted the same. WITNh:55 m)' hand aml WAcial Oral, iyosrwe STOIIATMRES AS PBR EXMSBIT "B^ attached hereto and Wade a part hereof By knner By (This area for official nmanal seal) ITale Order \... ..,--- 6Vq%pr 144n NO.._,. _ ,-Alt. TAv ABOVE 11 e i CHICAGO TITLE INSUIL4,NCE COMpANy E X H I D 1 T A LEGAL DESCRIPTION LEGAL DESCRIPTION: THAT PORTION OF THE LAND ALLOTTED TO ASENCION SEPULVEDA DE MOTT IN DECREE OF PARTITION OF THE RANCHO SANTIAGO DE SANTA ANA RECORDED IN BOOK OF JUDGMENTS OF THE 17TH JUDICIAL 019TRICT COURT OF CALIFORNIA, TOGETHER WIT14 THAT PORT1014 OF THE FRACTIONAL NORTHEAST QUARTER OF SECTION 15 TOWNSHIP S SOUTH, RANGE 10 WEST IN THE RANCHO LAS DOLSAS, AS SHOWN ON A MAP RECORDED IN BOOK 51 PAQE tR CIF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. DESCRIBED IN tfHCLE AS FOLLOWS; DEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF FIRST STREET, IN SAID CITY OF SANTA ANA, WITH The EAST LINE OF SAID RANCHO LAD SOLSAS, THENCE EAUI 177 W FEET ALONG THE SOUTH LINE OF FIRST STREETi THENCE SOUTH 1320.00 FEET TO THE SOUTH LINE OF THE $6.38 ACRE PARCEL CONVEYED TO L. W. SPAULDING BY DEED RECORDED JANUARY 97, 1910 IN :BOOK 177 PAGE 9 OF DEEDS, THENCE WESTERLY 977.. 00 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID U E NORTH TO 38 ACRE PARCELi THENCE THE NORTHWEST CORNER OF PAID 56,38 ACRE PARCELS THENCE EAS THE POINT OF BEGINNING. T ENC 00 FEET TO CENTERLINE OF FAIRVIEW STREET AS SAID CEN EXCEPTING THEREFROM THAT PORTION LYING WESTERLY AND NORTHWESTERLY OF THE TERLINE IS DESCRIBED IN A DEED *O THE CITY OF SANTA ANA RECORDED DECEMBER OFFICIAL RECORDS. 14, 1959 IN BOOK 5014 PAGE 314OF AW b %T ATI OI CAt.11ORNIA g (nl:r:Tt 01 ._ ISs tA, tna L$rp. �- _de ,I _.Tdt13! .m(hetal 193& nrinW rnC lht 'ndCMa¢nN.FM1i+llry rVlkKl tl�d Ln Fald l+woU FM tiln4. 'F ICAITe�ix 14frwd XhMaA-H.. DaY1:R.S. _.... k tIrtrtr molly In umuma�o Pr al u+m<nnih<nF +�nu�4aer+a �mvun Mlhere rasl Up: eanmN lM+Inurhm<n &he0 atlhx Pa+n nh'P nnE. eeFnu.lydTM t me Ihm thx ra allrnhlr cv I )ad n 42t KM+n 'uM1LLlxela7F% IA C'uunq FM Sulc II x STATt'OF.C4Td FORUTA }55 On)fix ._,..12k1T-.. __ an) nf...,.�utl.y,..._.Irvtha+•ar 1998— hafva Ina. the xndaralCnad ANcnan PuNla m F�J hx xa:.l ceum) aM 4te¢. rcnm+ali Lmunin matn`pn`Fdmmamattrt MFnnl eausDn�+A+o r.'8sn.ab.+ he the p•anlaa s)ah.At CF.,the Yns Intriyrl)anl I+n IxnalfM the rxnrenlal`ant aUtMw.ladBFd i!ryr INar the pxnne:aFlr eaFwvm I. N.xe@ 1'�stfla(fi-41+0 fnr Fa � l •M1UM) aM 31xte STATI' OF CNI..Ir4R.`.IN fryCtiTl htf.,. nt Iha unacnly�.nd a K •mR Mhli: m uM far FaN Cnunp and Sma. Pm.xrNl) arxard �_AX_Cisd 1i it6.i._ .._.. _ _—„---- 83-337469 rOR NOTARY SEAL 00.%TAMP V t FOR NOTARYSEM. OR STAMP FOR NOTARY SEAL. OR STAMP f 135 65A-138 88-387469 EXUBTT nB" attached tO and made a part of that certain Grant Deed dated July 3, 1988 GON'T11 TAL„ y0M P,hf70R Roy( �, $pith, genera pa tncr �` &rtl u�ofarr�land, general partner -" Ate, Ricei, gdnerel partner I 4' van. al 11. rnstor, gamer I partner _ By Aulon 71Yompscnf ;¢mare pextner.^"""�.-... ISTAI E Ok'CAL1r(1R..A { F co" fl'OF "-"LOa^'AR$HrfF—.. _._.. !ss i h[(rrc -'`-"._"•r°Ihc ):Rr_��,G88 :11¢ YndClel(nPQ a NMat) pyM1,q; Ifl pSA tnr fal'J (nYpll au ilah, An.uu1:, acpca•N ..-RtAltn .777y�nr<n� y E•uhmmli; An•w n4:�ampnncim soutlu bmnn(;�; '•^-'—• a ,Fs pcfN Aal mN esaumC Ma marNvrem W hc6:'AiltYe pnnrrymD atnC u acLaarLMCeO u. me,mnhe panncrthip ¢x¢:Y;e;a It. SrfnaNrc „4.4 OYr h"""^ YMb.y Inr, uu Coantt and 6Wo STATE OF CALJFOFL4IA COUSTYW fnthra= ✓,-da,.fL._o-`7/- m:hapnr^�^f",�„"1 te1oN me th¢ uWunr9k4 ! tip..ry poblr: rA u,G mr wW C,wnq ukf Suu, pen.mallJ app¢uN GaStx-S-A`.•xnr 1 a el ...-.--«........_ . � +nvm9p sr vriye'ui(orpr¢aedm n¢ ntht h4 F +! aurla-ur. <r de¢x to �+f the Tsn.rm alnneCutN lhnRWmcmnn hchl Idt Pamm�Nr anC d+lmvkJas3 t.. melMtlho pann nF+p,pu:med t r} SrFnmure r.ci N.vaq uS u r ,MJ a.af '�•.J ... � i I, 8r S.ATFOFCAUFtDry: IA ����/ �� v & COUNTY �OF �f A.��.hII QzAk— �55 T -da5ar. 62�-"�'^^-mNrt«r. {�Y mfam m¢. IN YndmrSrwd a Notary PON.; m M.d f•>r smlfr,uml ¢W Sufe. a esmlila Ynovne•mn apmwdw m«nth¢hnssn4ur�uvy a.:dencnro be the peismr,thn ¢auvtcd ahls nvtrcm¢m.m 4xhllr rd the DanrcnNp pad c a:lnavlNScd n m¢ th((sl l��Fs pane<\M1hrp « ¢cutcd n +% aaryt�I�tElmm Md-� Hl am' andsT.m-65A� FOR NOTARY SeAL OR STAMP FOR NOTARY SEAL OR STAMP OFFICIAL tifiA4 �,, SERCf10 M, SANCNEZ r �� ; NOTAfeY PUELIGCAlIFOnNIA �k+ £AtJTh eAaenaA COUNTY \�,.G%� MA CJm�'L: Dn EaScC ADn+2:, 192a FOR NOTARY SCAL OR STAMP �� Cr•f C:Ar. 5C iL r '�F t£fi' V Dfa f 215 S. Sullivan St. 137 65A-140 Mobile Horne Park Windshield Inspection ADDRESS: 215 S Sullivan AP # 007-280-28 OWNER OF RECORD. Coach Royal-003, L.P., a Utah limited partnership air STATEMENT OF CONDITIONS The mobile home park aesthetics is, Fair, requires some attention from public view. Landscape areas inside the park could use improvement. The roadways throughout the park had no potholes. Some violations were observed such as improper storage. Inspection revealed, most mobile units (exterior) were in fair conditions. Rated: 3 138 65A-141 Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address: 215 S Sullivan Date: 4-20-19 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brlck/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 so feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked Notes: 1 3 5 x (Wood surfaces) Paint and trim x Maintenance x Pool area x Notes: — x X X X x Laundry Room x Park x C+oachlTraller/Home Notes: 139 65A-142 10 RLCORDING REQUESTED BY: WHEN RECORDED MAIL TO: F. McKay Johnson HILL JOHNSON & SCHMUTZ, LC 3319 North University Avenue #200 Provo, Utah 84604 THE UNDERSIGNED GRANTOR DECLARES: Recorded in Official Records, County of Orange Gary Granville, Clerk -Recorder iIIIIiIIIIIIIIIIIIIIII'El IIIIIIIIIIIIII1111IIIII1IN28.00 196 e7 G0220000674415 03:54pm 12112100 0.00 0,00 20.00 0.00 2,00 0.00 0.00 0.00 DOCUMENTARY TRANSFER TAX S None O unincorporated area (x) City of Santa Ana Parcel No. 007•28N28 0 computed on full value of property conveyed, or ❑ computed on full value less ns and encumbrances re.At time of sale Signature of Declarant or Agent Determining Tax Firm Name FOR VALUABLE CONSIDERATION, receipt of w h' he6� m,,eeKn,9W1f CQ y ROYAL, a Utah limited liability company, hereby grants t u@2t .aR61L-00' ;Lis ;"Uf E tlliItBc) the following described real property In the City of Santa Ana, County of Orange, State of California: See Exhibit "A" attached hereto and incorporated herein by this reference. The Grantor and the Grantee In this conveyance are comprised of the same parties who continue to hold the same proportionate Interests In sold property, R&T 82(p)(2}, Grantor Is effecting a mere change in organization, R&T 11923(d). Common Address: 216 South Sullivan Executed and delivered on September 2, 2000, at Provo, Utah, COACH ROYAL, A Limited Liability Company By: State of Utah ) Its 45ager :as County of Utah ) On this W�,day of September, in the year 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Rodger D. Galland, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same in his authorized capacity, and that the entity upon behalf of which he acted executed the instrument. C, Aory ublic in and for said State � ARY KAYYEENALLAAAY i, I 3bcaO1nef.af3M3gaoi.. uacw state VtW r EXHIBIT "A" LEGAL DESCRIPTION PARCELI: Lot 1 of Tract No, 488 In the City of Santa Ana, County of Orange, State of California as shown on a map recorded in Book 17, Page 4 of Miscellaneous maps in the office of the County Recorder of said county. EXCEPT the North 621.00 feet as measured from the North line of said lot. ALSO EXCEPT the West 126.00 feet of the South 80.00 feet of the North 601.00 feet, as measured from the West and North lines of said lot. Said land is included within the area shown on the map Flied in Book 67 Page 33 of the Record of surveys In the office of the County Recorder of said county. PARCEL 2t Lot 2 of Tract No. 488 in the City of Santa Ana County of Orange, State of California as shown on map recorded In Book 17 Page 4 of Miscellaneous Maps in the office of the County Recorder of said county. EXCEPT the North 678.65 feet as measured from the North line of said lot. Said land is Included within the area shown on a map filed In Book 67 Page 33 of Record of Surveys in the office of the County Recorder of said county. PARCEL 3; Lot 3 of Tract No. 488 In the City of Santa Ana, County of Orange, State of California as shown on a map recorded in Book 17 Page 4 of Miscellaneous Maps in the office of the County Recorder of said county, EXCEPT the North 225.00 feet measured from the North line of said lot. .Va_d VAT-1 2804 W. lst St. 65A2145 Mobile Home Park Windshield Inspection ADDRESS: 2804 W. I" St. AP # 109-010-21 OWNER OF RECORD: Continental M11P ASSOC LP t "0 1Z f /t ,,, `G ; r Yea �a — „—,.. "'e 4 f' STATEMENT OF CONDITIONS The mobile home park aesthetics requires attention/needs improvement from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. Some violations were observed such as: inoperative vehicles, improper electricity, improper storage, trash cans, unpermitted work, and dilapidated skirts. From the inspection, most mobile units (exterior) looked in poor conditions. Rated: 1 65A-146 Santa Ana Code Enforcement Mobile Home Park Home Inspection Checklist Address:2804 W. 15{ St. fete: 4-19-19 1 3 5 Front Landscape Deck, porch, patio Trash cans Driveway - -- - Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked Aro things loose, cracked, dama0ed, rotted, Notes: Outside storage, trash x x x x x x x x x x x x x x x -d x x bug Infested? cans, peeling paint, Inoperative vehicles, dilapidated skirts, unpermllted work and patios in disrepair. 1 (Wood surfaces) Paint and trim Maintenance Pool area t Notes: 1 Laundry Room Park Coachrrrailer/Home x Notes: Outdated coaches/homes. 3 3 1A4 65A-147 t Order No. Escrow No. Loan No. WHEN RECORDED MAIL TO: Tracy M.Y. Choy, Esq. Riordan & McKinzio. 300 South Grand Avenue, 29th Floor Los Angels, CA 90071 Recorded In Official Record$, County of Orange Tom Daly, Clerk -Recorder IIIIIIIIIIIIIIIMIII''Ill1511llllll11lill 1113111 32.00 2003001422346 08:00am 11/25/03 10310 G024 0.00 0.on 20.00 0.00 6.00 0.00 0.00 0.00 DDCVMAN17ARY TRANSFER TAX$ NEE,:00 [dA SiNCr^a.'t't `V� .. Camputed mthe mnslduredunorvelufofgopcaywaveyad;OR ...,. Com puled on the eonsiden tion or value leas lions or eneumbrancas remahu ng at nm a of role Signatare of Dmlarent or Agaq[dttermbingtae-Finn Name SPACE ABOVE THIS LINE FOR RECORDERS USE GRANT DEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, MHC Ventures, LLC, a Delaware limited liability company ("Grunter') --. - hereby GRANTS to CONTINENTAL MHP ASSOCIATES; L.P., a California limited partnership (''Grantee"), all of its interest in and to the real property located in the City of Santa Ana, OrangeCounty, State of California, as more particularly described in Exhibit A attached hereto and Incorporated herein by reference. Dated: t/'e,(ejwll4, 31, 2002 GRANTOR: MHC Ventutce, LLC ' -The Grantor and Grantee in this conveyance y n'j are eomyrised of the same parties who continue Illy: Continental MHPAssochucs,L.P., Vfi to hold the same proportionate interest Salo Member in the property. I i By: ContmentaURiverside Lower'rler Member, LLC, General Partner BY; I Michael If. t Md1E ember STATE OF COUNTY OF ORANGE CALIFORNIA) On P 9%/'k , 2002 before met personally appeared Michael H. Scott, personally known w me (or proved to me on the basis of satisfactory evidence) betho person whose none is subscribed to thewithin instrument and artInowledgcd to me that he executed thesame in his authorized capacities, and that by his signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official Ford. � olary Public MAIL TAX STATEMENTS AS DIRECTED ABOVE DAWPIMAAIff d � ;:ODVGIIMIIODMAVNTR'ADOCS;493I46;1 (:0a{m. # 1Q61g3z Lei NOTARY POOLIC-CALIF08NIAT„,,:. ccOnas Ape rA2.� 0, $Eli 1 b. GOVERNMENT CODE 27361.7 I certify under penalty of per my that the Notary Seal on the document to which this Statement is attached reads as follows: NAAE OF TLIE NOTARY:__ w t1y 1 ter. DATE COMMISSION -- EXPIRES:_ q - z6 - Ci COUNTY.WHERE BOND IS FITR.i7•. !n p a. i r.n NUMMER:_. I Z 1 2" 2 VENDOR#: �% T I certify under penalty of penury and the laws of the State of California that the illegible portion of this document to which this statement is attached reads as follows: i PLACE OF EXECUTION: L_O/S AIVGEL�S DATE: gTGMATf P. y t111 A/-) rJ V * Personally known e (or proved to mo on the basis of satisfactory eVideuoe) to be the person(s) is/aro subscribed to the within instrument and acknowledged to me -that he/she/they executed the same in his/her/their authorized eapacity(les), and that by his/her/their sYguature(s) on the instrument the persons) or entity upon behalf of which - the person(s) acted, executed the insW meat. f A dQ a ::ODMAWffODhlAVADOC8;493146;1 EXHIBIT A Legal Description 147 Page DESCRIPTION prder No. 31 o 5 o 091 THAT PORTION OF THE LAND ALLOTTED TO ASENCION SEPULVEDA DE MOTT IN DECREE OF PFIRTITION OF THE RANCHO SANTIAGO DE SANTA ANA, RECORDED IN BOOK B OF JUDGMENTS OE THE 17TH JUDICIAL DISTRICT COURT OF CALIFORNIA, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, TOGETHER WITH THAT PORTION OF THE; FRACTIONAL NORTHEAST QUARTER OF SECTION I5, TOWNSHIP 5 SOUTH, RANGE 10 WEST IN THE RANCHO LAS BOLSAS, AS PER MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS A WHOLE AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF FIRST STREET, IN SAID CITY OF SANTA ANA, WITH THE EAST LINE OF SAID RANCHO LAS BOLSAS; THENCE CAST 177.00FEET AWNG THE SOUTH LINE OF FIRST STREET; THENCE SOUTH 2,320.00 FEET TO THE SOUTH LINE OF THE 56.38 ACRE PARCEL CONVEYED TO L.W. SPAULDING BY DEED RECORDED JANUARY 27, 1910 IN BOOK 177, PAGE 9 OF DEEDS; THENCE WESTERLY 977.00 FEET ALONG THIR SOUTHERLY BOUNDARY OF SAID PARCEL TO THE SOUTHWEST CORNER OF SAID 56.38 ACRE PARCEL; THENCE NORTH TO THE NORTHWEST CORNER OF SAID 56.38 ACRE PARCEL; THENCE EAST $07.00 FEET TO THE POINT OF BEGINNING. EXCEPT THE NORTH 150.00.. FEET OF. THE EAST. 200.00 FEET OF THE WEST 500.00 FEET THEREOF. ALSO EXCEPT THE WEST 300.00 FEET OF THE NORTH 6.85 ACRES OF THAT PORTION THEREOF LYING WESTERLY OF THE EAST LINE OF SAID RANCHO LAS BOLSAS. ALSO EXCEPT THAT PORTION THEREOF DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHWEST CORNER OF SAID LAND; THENCE SOUTH O° 38' 30" WEST 385.65 FEET ALONG THE WEST LINE OF SAID LAND TO A PIPE; THENCE EAST 300,00 FEET PARALLEL WITH SAID SOUTH LINE OF WEST FIRST STREET TO THE TRUE POINT OF BEPINNINGI THENCE NORTH 00 38' 30" EAST 235,65 FEET PARALLEL WITH SAID WEST LINE; THENCE EAST 200.00 FEET PARALLEL WITH SAID WEST FIRST STREET; THENCE SOUTH 00 38' 30" WEST 235.65 FEET PARALLEL WITH SAID 'WEST LINE; THENCE WEST 200.00 FEET TO THE TRUE POINT OF BEGINNING. ALSO EXCEPTING THEREFROM THAT PORTION OF SAID LAND LYING EASTERLY AND SOUTHEASTERLY OF THE CENTERLINE OF FAIRVIEW STREET AS SAID CENTERLINE IS DESCRIBED IN A DEED TO THE CITY OF SANTA ANA, RECORDED DECEMBER 14, 1959 IN BOOK 5014, PACE 314 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM, IF ANY, THAT PORTION LYING WITHIN TRACT NO. 3915, AS PER MAP RECORDED IN BOOK 157, PAGES 17 THRU 20 INCLUSIVE, RECORDS OF SAID CQC7NTY. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN BOOK 15, PAGE 38 OFiRECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. al. 149 65A-152 Mobile Home Park Windshield Inspection ADDRESS: 206 S. Sullivan St. AP # 407-091-04 OWNER OF RECORD: 206 Sullivan LLC STATEMENT OF CONDITIONS The mobile home park aesthetics is fair, from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. Some violations were observed such as: improper storage and trash cans. From the inspection, most mobile units (exterior) looked in fair condition. Rated: 3 65X 153 Address:206 S. Sullivan St. Date: 4/19/19 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked 1 3 5 X X X X Notes: Property is in good condition. Some illegal storage end trash cans left out. 1 3 5 (Wood surfaces) Paint and trim X Maintenance X Pool area X Notes: 1 3 5 Laundry Room X Park X Coach/Trailer/Home X 151 65A-154 RECORDING REQUESTED BY FIDELITY NATIONAL TITLE. RECORDING REQUESTED BY: FIDELITY NATIONAL Til'LE COMPANY AND WHEN RECORDED MAIL TO: MS. MAGGIE 650 W. HUNTINGTON DR., STE 201 ARCADIA, CA 91007 Recorded In Official Records, orange County Tom Daly, Clerk -Recorder II III111IIIIIIIIkN II1111191111111 Xl l III IIIII IIIII II&ifll 12.00 2005000534997 08:00am 07/12/05 113 20 G02 3 3486.26 3486.26 0,00 0.00 6,00 0,00 0.00 0.00 THE UNDERSIGNED GRANTOR(S) DECLARES) DOCUMENTARY TRANSFER TAX Is $6,990.50 (X1 computed on full value of property conveyed, or ( I computed on full value less value of liens or encumbrances remaining at time of sale. ( 1 Unincorporated area (X1 City Of SANTA ANA AND FOR A VALUABLE CONSIDERATION, receipt of which Is hereby acknowledged, JAMES SISK AND LYN LARSEN, SUCCESSOR CO -TRUSTEE OF ROSABELLE CORRY TRUST DATED JULY 2, 1976 GRANT(s) to: 206 SULLIVAN, LLC, A CALTIFORNIA LIRITRI) LIABILITY COMPANY the real property in the City of SANTA ANA, County of nRANGF , State of California, described as: LEGAL DESCRIPTION AS PIER.6All.IBIT "A1° ATTACHED RERFTO AND MADE A PART HEREOF Known as: 206 S. SULLIVAN STREET, SANTA ANA, CA 407-091-04 DATED May its, 2oos STATE OF CALIFORNIA COUNTY OF LOS ANGELES On _ —. Before me, .RIISY xU13S0 T:S6T_--.--._.._.._._.....,._.. A Notary Public In and for said State personally appeared IAMF_.S SISK AND fYN,LARSIN wrsonally known Ut me (or provEd to me on the basis at tiaI "'0'0 ry evidence) to be the Person(s) whose nant su b s c ribed t Ihelwithin instrument and Hcknowlr�c(ged :.nP that helshfllthqoitecuted the samg�..rn hislhe[lt ir' Iauthorized capacily(Ics§), and that by hfslheY/thpi} signature(sI on Iht 'sirument the person(s), or the entlfYJpon behalf of whu:h the person(s) acted, Executed the Instrument. WITNESS my hand and official seat. JAMES SISK AND LYN LARSEN, SUCCESSOR CO - TRUSTEE OF ROSABELLE CORRY TRUST DATED JULY 2, BY: 7' J ES SISK,BY pCO- USTEE _ LY ARSEN,CO-TRUSTEE A RUBY ROBIN TSAI COti1M.I I075p63 NDIARY FURLIC-C'uF0 AO LOS AN(iCIE'S COtINiY 0 COMM. E%P. OC t. 13. 200E 2 Signature,,_ _ G., � —'"' This area for official notarial seal) MAIL TAX STATEME.;OI�$-T I TTf HOWN BELOW: IF NO PARTY SHOWN, MAIL AS DIRECTED ABOVE: 152 65A-155- .._.-........_....... Government Cade 27361.7 I certify under the penalty of perjury that the notary seal on this document rends as fo►lows: Name of Notary: RUBY R IBIN TSAI Date Commission Expires: OCT 13, 2006 County where bond is Filed: LOS ANGELES Commission No.: 1375063 Manufacturer/Vendor No.: MGCI Place of execution- Newport Beach Date July 11, 2005 VID , iTY•NAxIQIYAD-T1i4L l'i)MPANY 153 65A-156___...... _ 1*0 r THAT PORTION OF THE NORTHEAST OUARTER OF SECTION 15, TOWNSHIP 6 SOUTH, RANGE 10 WEST, S,B.B. & M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON A MAP IN BOOK 51, PAGE 12, MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY, CALIFORNIA; THENCE WEST ALONG THE CENTER LINE OF FIRST STREET, 16 CHAINS, MORE OR LESS TO A POINT 177 FEET EAST OF A POINT WHICH IS 30 FEET NORTH OF THE INTERSECTION OF THE SOUTH LINE OF FIRST STREET WITH THE EAST LINE OF RANCHO LAS BOLSAS, THENCE SOUTH AT RIGHT ANGLES 14.89 CHAINS TO A POINT 5 CHAINS NORTH OF THE SOUTH LINE OF LOT 1 OF THE SEPULVE:DA TRACT, AS SHOWN ON A MAP IN BOOK 31, PAGE 197 OF DEEDS, RECORDS OF LOS ANGELES COUNTY, CALIFORNIA; ALONG THE EAST LINE OF SAID SECTION 15, 14.89 CHAINS TO THE POINT OF BEGINNING. EXCEPTING THEREFROM LOT 1 OF TRACT MAP 11006, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 477, PAGES 1 THROUGH 3, INCLUSIVE, OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, _ ALSO EXCEPTING THEREFROM PARCEL 2 OF PARCEL MAP 79.900, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, FILED IN BOOK 144, PAGES 40 AND 41, OF MAPS, IN THE OFFICE OF THE RECORDER OF SAID COUNTY, ALSO EXCEPTING THEREFROM THE FOLLOWING: BEGINNING AT A POINT IN THE NORTHERLY LINE OF SAID SECTION 15, SAID NORTHERLY LINE BEING ALSO THE SURVEYED CENTER LINE OF FIRST STREET, NORTH 89057'00" WEST, 629,00 FEET FROM THE NORTHEAST CORNER OF SAID SECTION 15; THENCE FROM SAID POINT OF BEGINNING SOUTH 0020'50" WEST, 155.00 FEET TO A POINT; THENCE SOUTH 89"57'00" EAST, 75.00 FEET TO A POINT; THENCE NORTH 0"20;50" EAST, 155.00 FEET TO A POINT IN THE NORTHERLY LINE OF SAID SECTION 15; THENCE NORTH 89057'00" WEST ALONG SAID NORTHERLY LINE 76.00 FEET -TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE NORTHERLY 30,00 FEET NOW OCCUPIED BY FIRST STREET. ALSO EXCEPTING THEREFROM ALL THAT PORTION THEREOF LYING AND BEING WEST OF THE CENTER LINE OF FAIRVIEW STREET, AS SUCH STREET WAS ACQUIRED BY THE CITY OF SANTA ANA UNDER EMINENT DOMAIN PROCEEDINGS BY FINAL ORDER OF CONDEMNATION RECORDED IN BOOK 6260 AT PAGE 155 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, ON SEPTEMBER 24, 1962, ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF SANTA ANA BY DEED RECORDED JUNE 19, 19701N BOOK 9321, PAGE 816 OF OFFICIAL RECORDS. Assessor's Parcel No: 407-091-04 ___.... _.. 65X4157 2424 W. lst St. 155 65A-158 Mobile Home Park Windshield Inspection ADDRESS: 2424 W First AP # 007-280-33 OWNER OF RECORD: Gardner Properties, Inc. a California corporation Agent for Service: Gordon Gardner STATEMENT OF CONDITIONS The mobile home park aesthetics is fair fiom public view. Landscape areas inside the park could use improvement, The roadways throughout the park had no potholes. Some violations were observed such as a blue tarp. From the inspection, most mobile units (exterior) looked in fair conditions. Rated: 3 65A! 159 Santa Ana Cade Enforcement Division Mobile Home Park Home Inspection Checklist Address: 2424 W First Date: 4-19-19 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor tights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Perking stalls marked Notes: # 305 Blue tarp (Wood surfaces) Paint and trim Maintenance Pool area Notes Laundry Poom Park Coachrrrailer/Home Notes: x 157 65A-160 � i r +4 2 �"� r a 1 Aj £,.,i _� � L. L �4 NRCOptppO p[e4ttTt0 tY 4psy 8. Ross, Ong. AIM •MeM aaaoaaaa MAN. TO r Laacf Swanton and 203 North Goldan Circle Dr. a=, Santa Ana, CA 92705 WL J Am w Wnew r rtlardner Properties, Inc. „ 11791Las Palmas Santa Ana, CA 92705 W L individual The endanlpt}d 62-408674 1N0N C1i ORANrOPIg UNTY, OALAFORNfA 3 44 FM 110V 1982 i 4q A. Enoch, C"ttly Rrmt*r TNIIs UNIT FOR paOOposwo U$IC Dead 113 wmpalod on fell nlas of propettr Conveyed, at aamna: w Ma ... ( i eomm el An full Was laaa value of llama and ancumle"440 nmalalet at time of sole. () UahMepecotoA area& ( )city of , and FOR A VALUABLE MINS(DEWON, rcae pt of which is Washy 44"alodaad, BRVCE GLEN (ARDNER and LILLIAN GARDNER, as Trustees under Declaration of Trust dated April 20, 1079, hereby 110060), RELEASElS) AND FOREVER QUITCLABRS) to -.:+zr .. u». ME%.elop .6data knit :. 't a WManW%" do folloxlnp AeeselMd nd jttapeety In the City of / Cm* of Orange ask of Col foutlal PA= ONEh The North 285 feet of the East 30.10 feet of Lot 1 of Tract No. 488, in the City of Santa Ana, as per TOP recorded in Book 17, page 4 of Miscellaneous VApa, in the office of the Oourtty Awonier of said County. PA= =I That portion of me 2 of Tract W. 488, in the City of Santa Are, as per map ro oWed in Book 17, page d of Hisoanereaus Maps, in the office of the County Pawreler of said County lying northerly of a line parallel with and southerly 678.65 feet front the southerly line of Fist Street as shoom on said nep. PARS, T10WI A tot -exclusive easelrent for ingress, egress and public utility ptu.Voses over the test 30 feet Of that portion of Lot 2 of Tract tb. 488, in the City of Santa Ana, as per nap recorded in Brook 17, page i of rAsoellarneous Mapm, in the office of the County Reoarder of said Caanty lying southerly of a line parallel with and 5outlteziy 570,65 feet fron the aoutherline of First Street as shown on said nap. PANEL MM; A%atdivided SA24th interest in and to Tot 6 in Tract W. 488 in the City Of 8antaAna, as per nap recorded in book 17, Cage 4 of Miscellaneous Maps, in the office of the Qxtnty %!Corder of said county. Dafal 10 Ir 1 1962 ILL n�" �hti 'i. nr ''v.•.�+ L.,.. STATR OF CAG►ORNIA COUMTY Oa' Mara W, the soda• daAed. sn�Nn/YwSy white �IIs mend IyKy�WIT StH/, par,osily eppeared iJwiJWli �4i�...w.aW�W ai T�t1AlY�'�yj �pFYflVap� Ifq)Wgl+.ana 1nWar l),u!TNrhMnn o� M.'+1cH r oMwri hsom to a Is be tk Mww._q,.riKe "ana are wb.alkd Is the MIIWIn WaM *4?0 end 14MaWApd Mel ih9W -Amin IAe him,. WMNM my hW W •dotal sad _ 81MMen- jY., OPPIC:IAI. SnAL GARY Fk--'-� NOTAV 4 ClC-CCA11FOnNIA OWnvat COUNTY Fry anon apttte OCT 22. 1285 (f W ns N .YM1,1 MMI .NI MAIL TAX State of California IS Secretary of State e Statement of Information G171889 (Domestic Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. FILED If this Is an amendment, see Instructions. IMPORTANT — READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the Secretary of State 1. CORPORATE NAME of the State of California GARDNER PROPERTIES, INC. NOV-10 2018 2. CALIFORNIA CORPORATE NUMBER C11S7698 This Space for Filing Use Only No Chan a ffitatement Not ap Iicable if agent address of record Is a P.(716ox address. See instructions.) 3, there have been any changes to the Information contained in the fast Statement of Information Sled wim the California Secretary of State, or no statement of Information has been previously filed, this form must be eomplated In Its entirety. 0 if there has been no change in any of the information contained in the last Statement of Information Hied with the Cslifemia Secretary Of State, check the box and proceed to Item 17, Complete Addresses for the Follow, In I . (Do not abbreviate the name of the cff . Items 4 and 5 cannot be P.6. 9oxes.) 4. STREET ADDRESS OF PRINCIPAL EXECUTIVEOFFICE CITY STATE ZIPCODE 6. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE ::] 6. MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN ITEM 4 CITY STATE ZIP CODE Names and Complete Addresses of the Following Officers (The corporation must — these three officers. A comparable title for the specific officer officer may be added; however, the preprinted titles on this form must hot be altered.) T. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE Z COCODE 6. SECRETARY ADDRESS CITY STATE ZIP CODE a, CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIPCODE Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corpom0on must have at least one director. Attach additional pages, g es, If neceasa . 10. NAME ADDRESS CITY STATE ZIP CODE 11, NAME ADDRESS CITY STATE ZIP CODE 12, NAME ADDRESS CITY STATE ZIP CODE 13. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY: Agent for Service of Process if the agent is are individual, the agent must reside in California and Item 115 must be completed with a California street address, a P.O. Sox address is not acceptable. If the agent Is another corporation, the agent must have on file with the California Secretary of State a coma to ursuant ai California Corporations Code section 1505 and Item 15 must be left blank. 14, NAME OF AGENT FOR SERVICE OF PROCESS 16. STREE17ADDRESS OF AGENT FOR SERVICE OF PROCESS IN CAUFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE Type of BUSlnasa 16. DESCRIBE THE TYPE OF BUSINESS OF THE CORPORATION 17. BY SU13MITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT, 11/10/20le GORDON G GARDNER PRESIDENT GATE TYPElPRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE 3F200(RaV0112013) APPROVED BY SECRETARY OF STATE State of California IS Secretary of State *O$tic Statement of InformationF174954 Stock and Agricultural Cooperative Corporations) FEES (Filing and Disclosure): $25.00. FILED If this Is an amendment, Soo Instructions. IMPORTANT— READ INSTRUCTIONS BEFORE COMPLETING THIS FORM In the office of the secretary of State of the State of California I. CORPORATE NAME GARDNER PROPERTIES, INC. OCT-03 2014 2. CALIFORNIA CORPORATE NUMBER C1167006 This Spade for Filing Use Only NO Chan a Staforr± l Not a piloable if a ent address of record Is a P.O. Box address. Seeanstructions: a there havebeen pny changes to the In ormat(on Contained In the test Statement of In ormation filed with the California Secretary of State, or no statement of Information has been previously filed, this form must be completed In its entirety. If there has been no change in any of the Information contained in the last Statement of Information filed with the California Secretary of State, check the box and proceed to hem 17. Complete Addresses for the Foilowin (Do not abbreviate the name of the Cit , Items 4.and 6 cannot be P.O. Boxes.) 4. STREET ADDRESS OF PRINCIPAL EXECUTIVE OFFICE CITY STATE ZIP CODE 30791 CONCORD LN, LAGUNA NIGUEL, CA 92677 S. STREET ADDRESS OF PRINCIPAL BUSINESS OFFICE IN CALIFORNIA, IF ANY CITY STATE ZIP CODE 2424 W 1ST ST. %23122, SANTA ANA, CA 92703 S. MAILING ADDRESS OF CORPORATION, IF DIFFERENT THAN REM A CITY STATE ZIP CODE GORDON GARDNER PO BOX 7019, LAGUNA NIGUEL, CA 92607 Names and Complete Addresses of the Following Officers (The corporation must list these three officers. A comparable title for the specific officer may be added; however, the preprinted Dries on this form must not be aaered.) T. CHIEF EXECUTIVE OFFICER/ ADDRESS CITY STATE ZIP CODE GORDON GARDNER PO BOX 7019, LAGUNA NIGUEL, CA 92607 III. SECRETARY ADDRESS CITY STATE ZIP CODE GORDON GARDNER PO BOX 7019, LAGUNA NIGUEL, CA 92607 9. CHIEF FINANCIAL OFFICER/ ADDRESS CITY STATE ZIP CODE GORDON GARDNER PO BOX 7019, LAGUNA NIGUEL, CA 92607 Names and Complete Addresses of All Directors, Including Directors Who are Also Officers (The corporation must have at least one director. Attach additional pages, g es if necessary.) 10. NAME ADDRESS CITY STATE ZIP CODE KEITH GARDNER PO BOX 7019, LAGUNA NIGUEL, CA 92607 1t. NAME ADDRESS CITY STATE ZIP CODE KELVIN GARDNER 2424 W 1ST ST. UNIT IW, SANTA ANA CA 92703 12, NAME ADDRESS CITY STATE ZIP 0DOE KYLE GARDNER PO BOX 7019, LAGUNA NIGUEL, CA 92607 13. NUMBER OF VACANCIES ON THE BOARD OF DIRECTORS, IF ANY: Agent for Service of process If the agent [ran individual, the agent must reside In California and Item 16 must be completed with a California street address, a P,O. Box address is not acceptable. If the agent is another corporation, the agent must have on file with the California Secretary of State a cerilDcato pursuant to California Corporations Cede section 1505 and Item 15 must be left blank. 14. NAME OF AGENT FOR SERVICE OF PROCESS CORDON GARDNER 15. STREET ADDRESS OFAGENT FOR SERVICE OF PROCESS IN CALIFORNIA, IF AN INDIVIDUAL CITY STATE ZIP CODE 30791 CONCORD LN, LAGUNA NIGUEL, CA 02677.2426 7 eEEo$f Business 1F"ROPERTYMTYPEOF N1N`ESs OF THE CORPORATION 17, BY SUBMITTING THIS STATEMENT OF INFORMATION TO THE CALIFORNIA SECRETARY OF STATE, THE CORPORATION CERTIFIES THE INFORMATION CONTAINED HEREIN, INCLUDING ANY ATTACHMENTS, IS TRUE AND CORRECT. 10/0312014 GORDON GARDNER PRESIDENT DATE TYPE/PRINT NAME OF PERSON COMPLETING FORM TITLE SIGNATURE 8I.200 (REV 0112013) dap APPROVED BY SECRETARY OF STATE UUP%— 1 V&F State of California Secretary of State -' "`°'` :�,:;m�k��; S F174954 Attachment to Statement of Information In the office of the Secretary of State of the State of California ()eotestic Stock and Agricultural Cooperative Corporations) OCT•03 2014 A. CORPORATE NAME This Space for Fillng Use Only GARDNER PROPERTIES, INC. 6. CALIPORNIA CORPORATE NUMBER C1167698 C. List of Additional Directors NAME ADDRESS CITY GORDON GARDNER GARDNER PO BOX 7019, LAGUNA NIGUEL, CA 92607 STATE ZIP COgE NAME ADDRESS CITY STATE ZIP CODE ADDRESS CIY STATE ZIP CODE NAME ADDRESS CITY STATE ZIP CODE NAME ADDRESS CITY STATE ' ZIP CODE NAME ADDRESS CITY STATE ZIP CQDE NAME ADDRESS CITY STATE ZIP CODE NAME ADDRESS CITY STATE ZIP CODE AME ADDRESS CI — STATE CODE E NAME ADDRESS CITY """'—"�•—^— STATE ZIP CODE NAME ADDRESS CITY STATE ZIP CODE NAME ADDRESS CITY STATE 21P CODE NAME ADDRESS CITY STATE ZIP CODE T $1.200A (REV 01/201$) P 2934 W. ls' St 163 65A-166 Mobile Home Park Windshield Inspection ADDRESS: 2934 W.1s1 St. Hyde Park Mobile Estates AP # 109-010-16 OWNER OF RECORD: 2934 West First Street, LLC. STATEMENT OF CONDITIONS The mobile home park aesthetics from public view are in excellent condition, Landscape areas inside the park are in fair condition. The roadways throughout the park are in excellent condition. Some minor violations were observed such as wood surfaces and siding of coaches in need of paint, and inoperable vehicles. From the inspection, most mobile units (exterior) looked in excellent condition. Rated: S 65X4167 Santa Ana Cade Enforcement Division Mobile Home Park Home Inspection Checklist Address:2934 W. 1st St. Date: 04/19/2019 Front Landscape X (Wood surfaces) Paint and trim Deck, porch, patio X Maintenance Trash cans X Pool area Driveway X .-Storage In front X Notes: House number X Outdoor lights X (Wood Surfaces) Paint and trim X Siding (brick/stone/cement) X Broken windows X 1 Fences In disrepair X Laundry Room Shed exceeding 120 sq feet X Park Inoperative vehicle X Coach/Trailer/Home Commercial vehicles X Condition of asphalt (pot holes) X Sidewalks X Parking stalls marked X Are things loose, cregksd damaged, rotted bug infested? Notes: Notes: The property is In excellent condition. 3 5 TX X X 165 65A-168 RECORDING REQUESTED BY: ALBRECHT & BARNEY (RJA) I Park Plaza, Ste. 900 Irvine, California 92614 WHEN RECORDED, MAIL TO: 2934 West First St. LLC 18752 East 17th Street Recorded in Official Records, Orange County Hugh Nguyen,Clerk•Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII11111111111111111138,00 * S R 0 0 0 7 4 2 1 7 1 1$+ 2015000175109 3:03 pm 04/06/15 48 413 G02 F13 4 0.00 0.00 20.00 0,00 9.00 O.00 0.0o 0.0o eq (Space Above For Recorder's Use) APN: 109-010-16 GRANT DEED 14p THE UNDERSIGNED GRANTOR declares: f !F Documentary Transfer Tax is $NONE. CF No consideration given. The Grantor and the Grantee in this conveyance are comprised of the same parties who continue to hold the same proportionate interest in the property. Conveyance is tax-exempt under California Revenue & Taxation Code Section 11925(d). FOR NO CONSIDERATION, I-IYDE-SAHARA, LLC, a California limited liability company, hereby grants to 934 WEST FIR�S"'i ST, LLC,,"a California limited liability company, its entire leasehold interest, in and to the real property in the County of Orange, State of California, described as follows: SEE LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT "A" AND INCORPORATED HEREIN BY THIS REFERENCE Commonly known as: 2934 W. First Street, Santa Ana, California 92703 THIS CONVEYANCE SHALL BE EFFECTIVE AS OF APRIL 1, 2015 HYDE-SAHARA, LLC, a California limited �- liability company Dated: By: �° ,r' William A. Prescott, Manager Dated: t!l/ J By: Earl J. Pr ott, Manager E "1EP129742ORMW ISTSTREET(t) DED 65A! 169 A notaty 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 ORANGE On before me, r M/ hfS ff1A?f Notary Public, personally appeared EARL J. PRESCOTT, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Ware subscribed to the within Instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MATt� OSSMMES commission N 2066791 y Notary Public C900"Na /f ,T ✓�,�,JJPy�r orange Coumy Signature of Notary Public Comm, Mims fit 2. 201 a (SEAL) CAPACITY(IES) CLAIMED BY SIGNER(S): [ ] Individual(s) C J Partner(s) [ ] Trustae(s) [ j Corporate Officer(s) Title(s) Nance of Person(s) or Entity(ies): Name of Instrument: [ ] Attorney -In -Fact [] Subscribing Witness [) Guardian/Conservator [X] Other: Manager SIGNER IS REPRESENTING: EARL J. PRESCOTT GRANT DEED 167 65A-170 M 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 truthftdness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF ORANGE On �� o ///. �: before me, a✓i ll�ii Q®r s E� Notary Public, personally ppeared WILLIAM A. PRESCOTT, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ttu�ttrllw cross l�s cotnmkslat r 2osstat Notary PUNC• caldsel" QIR08 Cumy Signature offCNotary uub% liGCComm. Excites Fob 2, FAte r (SEAL) CAPACITY(IES) CLAIMED BY SIGNER(S): [ j Individual(s) [ j Attorney -In -Fact [ J Partner(s) [ ] Subscribing Witness [ J Trustee(s) [ ] Guardian/Conservator [ J Corporate [X] Other: Manager Officer(s) Title(s) SIGNER IS REPRESENTING: Name of Person(s) or Entity(ies), WILLIAM A. PRE SCOTT Name of Instrument: GRANT DEED 168 65A-171 EXHIBIT "A" Legal Description Kowa nn a�map recorded m Book 51u S Soutg Hango ! 0 We rt �n ybp cyip oa Holsas, as aouuty, desor bod as Maws: ° 12 of Miaceliaz¢mas Mapa, mcards of acid Orange omtto the a Section 15; and awning fhe4w writ to flan 15; thaneo quarter of sold 169 65A-172 4211 W. 1st St. 65X'-173 Mobile Home Park Windshield inspection ADDRESS: 4211 W. 1st St. Lake Park Santa Ana AP # 198-061-04 OWNER OF RECORD: E P M-Bunt Co. EPM. STATEMENT OF CONDITIONS The mobile home park aesthetics from public view are in excellent condition.. Landscape areas inside the park are in excellent condition. The roadways throughout the park are in excellent condition. No violations were observed. From the inspection, most mobile units (exterior) looked in excellent condition, Rated: 5 171 65A-174 Santa Ana Cade Enforcement Division Mobile Home Park Home Inspection Checklist Address:4211 W. 1st St, Date: 04/19/2019 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked ¢ lira things loose, cracked, damaged, rotte Notes: The property is in excellent condition. 1 3 5 1 3 X (Wood surfaces) Paint and trim X Maintenance X Pool area X X Notes: X X X X X 1 3 X Laundry Room X Park X Coach/Trailer/Home X X X X ested7 Notes 5 X X X 5 X X X 65i�-175 rNrstAmerican flue insurance ocmpany Ga L. Granville, Clerk -Recorder IIIIIIIIIIII�IIINIII Illllllllllll illllllllilllllll 40.00 RECORDING REQUESTED BY: 20010093904 01:55pm 02/21/01 11318 Q01 8 First American Title Insurance Company 0.00 0.00 0.00 20.00 14.00 0.00 0.00 0.00 WHEN RECORDED MAIL TO: EPM HUNT COMPANY CIO RUTAN & TUCKER 611 Anton Boulevard, 14 Floor Costa Mesa, CA 92626 Attn: Patrick D. McCalla Escrow No. N998058S Computer on the consideration or vafu¢ 0T ropeTTy conveyed, OR Computed on the consideration or value less lions or woumbranoes remaining at time of sale For the consideration, receipt of which is hereby acknowledged, Margaret L. Hunt and M, Virginia Hunt, AKA Margaret Virginia Hunt, Successor Co -Trustees of The Hunt Family Trust dated April 18, 1991 and The Hunt Family Limited Partnership. does hereby remise, release and forever quitclaim to EPM-Hunt Company, a limited partnership the following: This Quitclaim Deed is to quitclaim and release any and all interest in and to the property described in that certain Grant of Easement dated August 2, 1973, recorded October 5, 1973, book 10932, page 38 through 45 inclusive, Official records of Orange County, California and the easement granted therein. THIS INSTRUMENT Fum FOR RECORD OY Date: July 17, 2000 FIRST AMERICAN TITLE COMPANY AS AN ACCOMMODATION ONLY, IT HAS NOT SEEN EMMIN40 AS TO it8 W=11011 OR AS TO ITS EFFECT UPON TITLE. 173 65A-176 STATE OF: Crr]it�'ir�i T California ®RAIJAC- Can 3 to l r 2 7 , 2000 before me, Jose-M 6. V$?Ofil0 N�ffrsonallyappeared, rTAOtPFtaF-J' 1. Fi"U-r j M, tJu tIlf " 8"Xrt Amb 4;PPI? to gj'e personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his authorized capacitAies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the persons acted, executed the instrument. WITNESS my hand and official seal. atu (rhis area for official notarial seal) 65X 177 See attached for signatures SIGNATURE PAGE ATTACHED TO QUITCLAIM DEED: GRANTORS: Margaret L. Hunt Co -Trustee, ET AL GRANTEES: EPM.HuntCompany GRANTORS: The Hht Panoply �in2KK Partnership By: MAIL TAX STATEMENTS TO: MARGARET HUNT, ET. AL. 18112 Ridge Drive Santa Ana, CA 92705 175 65A-178 EXHIBIT "A" That portion of the South half of the Southeast Quarter of Section 9, in Township 5 South, Flange 10 West, In the City of Santa Ana, County of Orange, State of California, per map recorded in book 51 page 12 of Miscellaneous Maps in the office of the recorder of said County and State, described as follows: Beginning at a point In the West line of the East half of the Southwest Quarter of the Southeast Quarter of said Section, distant thereon North 0° 28' 19' West 200.00 feet from centerline of First Street, said centerline being the South line of the Southeast Quarter of sold Section; thence North 0° 28' 19" West, along said West line, 903.97 feet to a line parallel with and distant Southerly 250.00 feet from cantedine of Fifth Street, said centerline being the North line of the South half of the Southeast Quarter of said Section; thence North 89° 22' 40" East, along said line, 620.00 feet to the East line of the West 528.00 feet of the Northeast Quarter of the Southwest Quarter of the Southeast Quarter of said Section; thence South 00 28' 19" East, along said East line, 427.79 feet to the South line of the North half of the South half of the Southeast Quarter of said Section; thence North 89' 27' 50" East, along said South line, 792.90 feet to the West line of the East half of the Southeast Quarter of the Southeast Quarter of said Section; thence South 09 30' 37" East, along said West line, 649.96 feet to a line parallel with and distant Northerly 129.00 feet from the centerline of said First Street; thence South 894 33 W' West, along said paralleltine, 82.93 feet; thence South 00 27' 00" East 69.00 feet to a line parallel with and distant 60.00 feet Northerly from the centerline of said First Street; thence South 89° 33' W' West, along said parallel line, 1153.32 feet from the West line of the East half of the Southwest Quarter of the Southeast Quarter of said Section; thence North 00 28' 19" West, along said parallel line, 80.00 feet; thence South 899 33' 00" West 13,00 feet; thence North 0° 28' 19" West 60,00 feet; thence South 890 33' Oly, West 72.00 feet to the POINT OF BEGINNING. � 65-179 EXHIBIT " B-1" The Noah 250.00 feet of the East 528.00 feet measured along the Northerly line of the Northeast quarter of the Southwest quarter of the Southeast quarter of Section 9, in Township 5 South, Range 10 West, shown on a map recorded In book 51, page 12 of Miscellaneous Maps, In the office of the Recorder of said County and Stale. EXCEPTING THEREFROM the West 122,00 feet of the North 140.00 feet. 177 65A-180 EXHIBIT "$-2" That portion of the Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 9, in Township 5 South, Range 10 West, in the City of Santa Ana, County of Orange, State of California, per map recorded In book 51 page 12 of Miscellaneous Maps in the office of the recorder of said County and State, described as follows; Beginning at a point in the East line of said Southwest Quarter distant thereon 129,00 feet North from the centerline of First Street, said centerline being the South line of the Southeast Quarter of said Section; thence South 890 33' 00" West, parallel with the centerline of said First Street, 82.93 feet; thence South 0" 27' 00" East 69.00 feet to a line parallel with and distant 60.00 feet North of the centerline of said First Street; thence North 89° 33' 00" East, along said parallel line, 83.00 feet to the East line of said Southwest Quarter, thence North 0" 30' 37" West, along said East line, 69.00 feet to the POINT OF BEGINNING. 65A8181 EXHIBIT"C" DESCRIPTION A strip of land 20.00 feet wide being a portion of That portion of the East half of the Southwest Quarter of the Southeast Quarter and the Southwest Quarter of the Southeast Quarter of the Southeast Quarter of Section 9, in Township 5 South, Range 10 West, in the City of Santa Ana, County of Orange, State of California, per map recorded in book 51 page 12 of Miscellaneous Maps in the office of the recorder of said County and State, the centerline of said strip being described as follows: Beginning at a point in the south line of the north 250.00 feet of the west 528.00 feet of the Northeast quarter of the Southwest quarter of the Southeast quarter of said Section, distant thereon South 89° 33' 00" West 90.00 feet from the east line thereof; thence South 0° 27' 00" East 530.71 feet to a point in a curve concave northerly and having a radius of 286.30 feet; a radial fine through said point bears South 60 28' 29" East; thence northeasterly, along said curve, an arc distance of 60.60 feet through a central angle of 12° 10' 13" to the beginning of a reverse curve concave southerly and having a radius of 200.00 feet; thence northeasterly and easterly, along said curve, an arc distance of 63.61 feet; thence North 89° 33' 00" East, tangent to last mentioned curve, 124,00 feet to the beginning of a tangent curve concave southerly and having a radius of 200.00 feet; thence easterly and southeasterly, along said curve an arc distance of 49.81 feet having a radius of 200,00 feet; thence southeasterly and easterly, along said curve, an are distance of 49,81 feet through a central angle of 14* 16' 08"; thence North 89' 33' 00" East, tangent to last mentioned curve, 447.59 feet; thence South 0° 27' 00" East 389.00 feet; thence South 89° 33' 00" West 6.00 feet; thence South 06 27' 00" East 136,00 feet to a point in a line parallel with and distant 60.00 feet north from the centerline of First Street, said centerline being the south line of the Southeast quarter of said Section, said point being distant 98,00 feet westerly from the east line of the Southwest quarter of the Southeast quarter of the Southeast quarter of said Section, measured along said parallel line. 179 65A-182 GOVERNMENT CODE 27361.7 I CERTIFY UNDER PENALTY OF PERJURY THAT THE NOTARY SEAL, ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWSi NAME OF NOTARY: t)fjb4404Q" "�' t// 11'44'0,AAA �* DATE COMMISSION E PIRES: COUNTY WHERE BOND IS FILED:: lCs Y COMMISSION NUMBER: MANUFACTURER/VENDOR NUMBER: PLACE OF EXECUTION: fSANTA ANA DATED:: L-1s 2�.._.w.:.....�::.. SIGNATURE: 65ISO AA 83 2767 W. ls' St. 181 65A-184 Mobile Home Park Windshield Inspection ADDRESS: 2767 W. V St. AP # 405-222-12 OWNER OF RECORD: Taggin Wagon LTD STATEMENT OF CONDITIONS The mobile home park aesthetics requires attention/needs improvement from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. Some violations were observed such as: inoperative vehicles, improper storage, peeling paint, and dilapidated skirts. From the inspection, most mobile units (exterior) looked in poor conditions. Rated: I 65K 185 Santa Ana Cade Enforcement Division Mobile Home Park Home Inspection Checklist Address:2767 W. 1 st St. Date: 4-19-19 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor tights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Sroken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked i Are th(ngs loose crackedamaged� Notes: Property maintenance 1 3 5 x x x x x x x x x x x x x x x x x mt(A, buglnl®0od? required. Outside storage. Inoperative vehicles, Peeling paint; skirts In disrepair. 1 3 5 (Wood surfaces) Paint and trim n/a Maintenance n/a Pool area n/a Notes: Office was observed. 1 3 5 Laundry Room n/a Park. n/a Coach/Trailer/Home x Notes: Laundry room was not observed. Coaches peeling peint, 183 65A-186 fte6UCOD by wAgDn, Ltd. J.D. Thomas & Co. 11,61 Ki9d0iis Blvd. 1 $2.8() H OW 0orth 9.1lywood, California OACt A 752 :145GS ICIAL RECO104 07 1 ieCo.uNi%, CALIF. MAY-iO m4 - 5-LINE Pon IRECORDE xr 116 G-rant Deed y.15 POiIY 'U'Wok.. ."w", F ro.NS(DH1ATl;j.v Mrq.i of .;[A m hurl "44JW CHMO-Ti L. KARREN, Alia kn"*, ms:' tHALALM7K Uk 'KAUM h. Ltiwwfl,'l . w *mm"10ML 4eWlbed r&prop , "ily w 0. That portion Pe'AictiOrt - 10, Tow-nahip 5 South; Rings 10 V1 Imal,the ftndhQ 4o Boleas;.city of Santa' Ana, county ol,:o stilts of 6411fOmU.' as, per thap,triobrded In book i51pato Of MISOB1141ft-OOL18 )(aps., in. -the office 'or the county recon of, "Id wunty,*tasot thatportionof the jand a iAtt 5,27 3t; Ross, 12 or. ted to Julian Cha"z, 'oeOf Partiblon OD the Rapoho ARDIAASO do Santa Aftit�-'Zdlared in Case N6.§'2 and entered SOPO4ber 12, 18M.-Irl,b4ok 'HI'M page -:ft 4or Judgments dfhe 17. ' j"ICI&I blatrlCt 'Court of Californii, described as a whole as roiiowst Oil Beginning at., a point on:the center Afte, or; ?ikat Sk'met, being the South Lino of said section, Wet 1080.00 feet, froi t to "M east 00`14r of 6sid-se:ction; 'thoh6e' North 00' 13'30" East f aet.to'a Pbiht;oh-,thicoilpromlss lihP,ai describ d In that os#41ji 4&reOmint between J. H. Stewart ind wife, a id YArchant and wAfb', recorded ftbrua pils , 4, 1925 in b ok 65 A 0 169 6f DOoda, said quint being MIA2 feet weet rly Or.' *A LrOh. �Ai mtakirl$ i point in the .westerly bomdary a the City of Santa Ana; 'thence -North 89' 141 00' West 352.90 set 8104. said oMPrOmi0a.Un6: t6 the northeast corner f of land Oesorlbed 'In at daed to the tdal U61on No. 1815 of anta mist United Br _qtherho;>d. pf;Carpenjops 'and Jo neril oir Awricat;.thopet South : 131 Op". itist 656-03 rest W10 g the 06star1l Ii.fie of I snit! ,land of 'Local -Union Ho, 1815, 0 t.ho ifte.:Or said First Street'; :reet, thence Bast.along iaid ower line 3;+00 riot•to ,tht, point of 'tntglnnlng. 66X-1 87 C 'ecawi!56 law .,+e:5281 n6i d_.=IYSp 23.' 1465LiF CAARLDne L ' KPtI •'vnu 1 I I'r in and,1�- 1 . ,. d. II 1 � � r 1 be Ib pet. h. mrld 14r 1 1 A r 1 .�� ` lny n �1 /IIA etl W'M1...brh t 4Lf y � !I �-. - Betkq B, 3�sk'� 3929 W. 5`h St. 65X-l89 Mobile Home Park Windshield Inspection ADDRESS: 3929 W. 5th St. AP # 100-631-02 OWNER OF RECORD: G B Miller Company STATEMENT OF CONDITIONS The mobile home park aesthetics is well ftom public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. From the inspection, most mobile units (exterior) looked in excellent conditions. Rated: 5 187 65A-190 Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address:3929 W. 5th St. Date: 4-19-19 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked { Are things loose, cracked, damaged, rotted, Notes: Property is well maintained. 1 3 5 1 3 5 x (Wood surfaces) Paint and trim x x Maintenance X x Pool area x x x Notes: x x x x x 1 3 5 x Laundry Room x x Park N/A x Coach/Trailer/Home x x x x x sug Ynfested? I Notes: Club House and pool area is In excellent condition. 188 65A-191 PRINT REPORT •0. �. 1.0-TsIeSITs 3929 W 5TH ST, SANTA ANA, CA, 92703-3264 Owner Information: Owner Name: G B MILLER COMPANY Mailing Address: 1347 SAN PABLO DR, SAN MARCOS, CA, 92078.4818 Vesting Code: Phone Number: DIGITAL PROQUOIs MAP I aw,c aPAppi Location Information: Legal Description: S TWP 5 RGE 10 SEC 5 SEC 9 T 6 R 10 E 1053 FT S1/2 NE114 SE114 EX E County: ORANGE FIPS Code: 06069 Census TrcUBik: APN: 100-631.02 AlternativeAPN: Map ROE. Twnshp-Rnge-Sect: • - Legal Book/Page: Tract No: Legal -Lot: - Legal Blocky Subdivison: Last Market Sale Information: Sale Date: Sale Price: 1" Mtg Amount: Sale Doc No: Price Per SgFt: 151 Mtg Int Type: Transfer Doc No: Price Per Acre: 2"" Mtg Amount: 1" Mtg Doc No: 2"" Mfg Int Type: Sale Type: Deed Type: Title Company: Lander: Seiler Name: Property Characteristics: Building Area: 2,877 Total Rooms: Construction: Living Area: 2,877 Bedrooms: Heat Type: Garage Area:. Baths: 0 AirCond: Basement Area: Fireplace: Roof type: Parking Type: No of Stories: 1 Roof Material: YrSuilt/Effective: 1957/ Quality: Style: Pool Code: Tax and Value Information: 089004/1 H3.828 Assessed Value: $1,294,694 Assessed Year: 2018 Est Market Val: Land Value: $667,942 Property Tax: $37,773 Assessor Appd Val: Improvement Value: $626,762 Improvement %: 48A Tax Exemption: Site Information: Assessor Acres: 9.44 Zoning: Land Use Code: 200 Assessor Lot SgFt: 411,006 No of Buildings: Land Use Desc: COMMERCIAL Lot W/D: 0 / Res/Comm Units: 2 County Use Code: 3 Calculated Acres: 9.5171 Sewer Type: Calculated Lot SgFt: 414,565 Water Type: 189 65A-192 • • i • 65K-l93 Mobile Nome Park Windshield Inspection ADDRESS: 432 S. Harbor Blvd. Ball Hl. AP # 188-151-03 OWNER OF RECORD: Pula J. Suilth Tr. STATEMENT OF CONDITIONS The mobile home park aesthetics from public view are in fair condition. Landscape areas inside the park are in fair condition. The roadways throughout the park are in excellent condition. Some violations were observed such as: inoperable vehicles, improper storage, siding and skirts in need of paint or maintenance. From the inspection, most mobile units (exterior) looked in excellent condition. Rated: 5 191 65A-194 Santo Ana Code Enforcement Division Mobile Home Park Horne Inspection Checklist Address:432 S. Harbor Blvd. Date: O4/19/2O19 1 3 5 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles X X X X X X X X X X X X X X (Wood surfaces) Paint and trim Maintenance Pool area Notes: Laundry Room Park Coach/Trailer/Home Condition or asphalt (pot holes) X Sidewalks X Parking stalls marked X Are things loose, cracked, damaged, rotted, bug infested? Notes: Notes: The property Is in fair condition. 1 3 5 X X X 65X 195 I (»41:ko ..'PLEASE COMPLETE THIS INFORMATION ,A000kDINd`i EQU9STED BY: XWONHEN RECORDED MAIL TO: %MARTHA A. ROOF 2107 N. Droadway, Ste 209 Santa Aria, CA 92706 THIS Pt000rcou n tne Gar i0ount 01' orange Granviij Orkoccrcj al4f0rma 28. 00 Rr 095 009 2 12'56PM 10102196 USE ONLY ORDER SETTLING FINAL ACCOUNT OF EXECUTOR; COMMISSION, FEES AND DISTRIBUTION . Till* *f Document '14 4rIR I% 4m."'1k ',y M"M elill 2RR ;Ik 1� m m 000 ?XIMEW ummf J j Nil, *Ov THIS PAGE A0090 TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION ($3,00 Addlilonal Recording Fee Applies) 193 65A-1 96 I MARTHA A. ROOF 2107 North Broadway, Suite 208 2 Santa Ana, CA 92706 (714) 541-2775 3 Bar 1 58153 411 Attorney for Petitioner 191996; 811 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN LUIS OBISPO 11 In the Matter of the Estate of ) Case No. PR 24915 ) 12 ) ORDER SETTLING FINAL ACCOUNT OF EXECUTOR; COMMISSION; FEES AND 13 BLAIR C. SMITH, ) EXTRAORDINARY FEES; AND FOR DISTRIBUTION 14 ) Deceased. ) Date: 9/16/96 15 ) Time: 1:30 PM _) Dept: 6 17 On September 16, 1996, in Department 6 of the above 1$ entitled court, the Honorable , Judge 19 presiding, the First and Final Account of Executor, Petition for 20 Statutory and Extraordinary Fees; and for Distribution, filed by SMITHi, duly appointed and acting Executor of the,Will of 21 PirNI.A J. BLAIR C. SMITH deceased, came on regularly for hearing. 23 Petitioner appeared by counsel, MARTHA A. ROOF, and no opposition nAwas filed with the Court. on evidence given to the satisfaction of 2v the Court, the Court finds: 26 1. Notice of the time and place of hearing has been 27 duly given as required by law, or has been waived, 28 2. Said decedent died on or about April 16, 1994, being 65X 1 urt 11 14 n at the time of death a resident of the County of San Luis Obispo, state of California. 3. The account and report covering the period since commencement of this estate to and including June 30, 1996, is and correct. 4. Notice of death and to creditors has been given it the manner and for the period prescribed by law. 5. More than four months have elapsed since the issuance of Letters Testamentary to petitioner and the period foz filing or presenting claims against the estate has expired. 6. All claims filed against the estate have beer allowed or partially rejected without protest., and have been paid. 7. A federal estate tax return was filed, but nc federal or California estate taxes are due from the estate. Saic return has not been audited, but has been initially accepted a: filed. S. All California and federal income taxes due payable by the estate have been paid. 9. All personal property taxes due and payable by 1 estate have been paid. 10. The estate consists entirely of separate property decedent, a married man. 11. The estate is in a condition to be closed and property should be distributed as hereinafter ordered. 12. All allegations of the petition not specifical included in the foregoing findings are true. The personal representative has in her possession belonging to the estate, after deducting the credits to which she is entitled, a balance of 65A9198� 1 2 3 4 5 6 7 8 9 to 11 12 14 15 16 property on hand in the amount of $348,333.45, $59,351.06 of which is in cash and/or cash equivalents. IT IS ORDERED, ADJUDGED AND DECREED as follows; A. The account and report of PAULA J. SMITH, as Executor of the will of the above named decedent is approved, all acts and transactions of the personal representative relating to the matters in the report are ratified and confirmed, and the administration of this estate shall be brought to a close. B. PAULA J. SMITH, as personal representative of the estate, is allowed $8,790.00 as the statutory commission for her services as Executor. C. MARTHA A. ROOF, as attorney for the personal representative of the estate, is allowed $8,790.00 as the statutory fee for ordinary services, together with an additional sum of $1,500.00 for extraordinary services rendered, a total of $10,190.00. D. Notice of death and of administration have given as required by law. E. The heirs and devisees named in decedents will du 20 admitted to probate herein are the following: 21 ; maul J. Smith, 5uatviving Spouse 1995 Rhodes Dr., Costa`Mesa, CA 92626 22 Nd�Xiyr 4adpow Smith son 31781 Via Del Viento, Trabuco Canyon, CA 92679 24 Sha na lreaao Smith, Daughter 1889 Rhodes Dr., Costa Mesa, CA 92626 261 r. Pursuant to decedent's will duly admitted to probate, the property remaining in the estate, after payment of fees and expenses of distribution, along with any other property of 65X 119 2I the decedent or the estate not now known or discovered, shall distributed as follows: (1) Tm 0A1 4. ' ski-'16, surviving spouse of decedent, the cash remaining in the estate after payment of and expenses of distribution, as income during probate. (2) The following real property located in the of Santa Ana, County of Orange, State of California: The north 16 acres of the southeast quarter of the northeast quarter of Section 16, Township 5 south, Range 10 10 west, S.B.B. & M. 11 Exception therefrom an undivided 13/21st interest in a 12 pumping plant and pipeline located on said land. 18 to PAULA J. SMITH, surviving spouse of decedent, without 14 requirement of a bond, IN TRUST, for the following uses 15' purposes: 16 A. During the lifetime of decedent's wife, PAULA 17 J. SMITH, all of the net income of the trust estate shall be 18 distributed to her or applied for her benefit, in semi-annual, Intl or more convenient, installments. 20 B. Upon the death of decedent's wife, the Trustee 21 shall apportion the trust estate, without being required to 22 make a physical segregation thereof, except to the extent 23 necessary to make distribution, in equal shares, as follows: 24 One share for each of decedentrs then living children and one 25 share for the then living issue of each deceased child of 26 decedent. Each share allocated to a living child of decedent 27 shall be distributed to such child, absolutely and free of 28 trust. Each share allocated to the issue of a deceased child A 2 6509 i 2 I E 11 1 of decedent shall. be distributed to such issue, upon the principle of representation, absolutely and free of trust, provided, however, that should any such issue be under the age of eighteen (18) years, the trust shall continue for the share of such issue until attainment of the age of eighteen (18), upon the following terms and conditions: (1) The trustee may, in the trustee's discretion, accumulate net income of such share, or may distribute the income to or for the benefit of the beneficiary if it is reasonably required for the beneficiary's care, support and education. (2) Upon attainment by the beneficiary of age eighteen (18) the principal and any retained income of such share shall be distributed to the .beneficiary, absolutely and free of trust. 16 C. Should any part of the trust estate be left A7 undistributed eighteen (18) years following the death of Paula 18 J. Smith, any such part shall be distributed 25% to decedent'e 19 sister, Dorothy gaulkenham, and the remaining 75% in equal 20 shares to decedent's brothers and sisters, Lucille Smith, 21 Leroy Smith, Rulon Smith, Wilda Chittock, verle Smith, and 22 Merle Woodin, or if any such person be then deceased, his ox 23 her share shall go to his or her issue, or if there be none, then in equal shares to the then living brothers and sisters, or their issue, on the principle of representation. D. The Trustee shall manage the trust estate and may sell, lease for terms either within or beyond duration of the trust, loan, re -loan, invest and reinvest the trust 65A 20�1 I 2 4 5 11 12 15 17 18 estate, or any part thereof, in any kind of property which men of prudence, discretion and intelligence acquire for their own account, specifically including, but not by way of limitation, participation in any common trust fund, corporate obligations of every kind, and preferred or common stocks. E. if the Trustee deems the net income payable hereunder not sufficient to provide for the proper support, maintenance, comfort, education and recreation of any beneficiary who is at the time receiving or entitled to receive income hereunder, taking into consideration other income or financial resources of such beneficiary, so far as known to the Trustee, the Trustee may, as often as deemed necessary and to the extent any principal is reachable for such purpose, pay to or apply for the use and benefit of such beneficiary such additional part, up to and including the whole thereof, of the principal of the trust estate, or if the trust estate has been divided into shares, of principal of the respective share of such beneficiary, all as the Trustee, in the Trustee's sole and absolute discretion believes will be in 20 the best interests of and will tend to promote the welfare 21 such beneficiary, including but not limited to the specif 22 power to disbursed funds to such beneficiary for the purpo 23 of acquiring a home or an equity therein. 24 F. The interest of any beneficiary in t 25 principal or income of the trust shall not be subject on claims of his or her creditors, or others, or liable attachment, execution or other process of law, and beneficiary shall have any right to encumber, hypothecate 199 65A-20 11 13 14 15 P alienate his or her interest in the trust in any manner. The Trustee may, however, deposit in any bank designated in writing by a beneficiary to his or her credit, income or principal payable to such beneficiary, Upon the death of decedent's spouse, Paula J. Smith, or upon her inability or unwillingness to act as trustee, the decedent's son, MoKAY ANDREW SMITH, shall act as successor trustee, without bond; or if he is unavailable, unable or unwilling to act as successor trustee, the decedent's daughter, SHAWNA IRENE SMITH, shall act as successor trustee, without bond. Should no person be available, able and willing to serve as trustee, upon application to an appropriate Court, the Court shall appoint an individual from among) interested parties, to serve as trustee of the trust. Dated: SEE 1 � 1996 iiu { � 'Y ;-r�,ixry; V','frw.,•I••�m.x ^ n'n,l"✓4 i'!l Te's.Y V19, Y„C?;��� 21 I NO must M In purpPr to to a �;VTEOFMWORMA es -,CMTYCF"+ LUfBC61 M LARRY C. KINK Ea wh%t)IWWO0rk of ;ne Superior Coed of the alone Mee CosMy Cie iaof, dohotebyceNtYUk thebepQ isa i.ik,trueaMoem OopY of the ergYi21 on nle in my office, and than Ihm Wni the same WWI tq orolel. a 65A 2d3 1111,111FV S Ave. 201 65A-204 Mobile Home Park Windshield Inspection ADDRESS: 5002 W Me fadden AP # 108-364-02 OWNER OF RECORD: Bit-O-Home MHP Limited Partnership, an Arizona limited partnership vz STATEMENT OF CONDITIONS The mobile home park aesthetics are in fair condition from public view. Landscape areas inside the park could use improvement. The roadways throughout the park had no potholes, Some violations were observed such as: inop vehicles, improper storage, and trash and debris. From the inspection, most mobile units (exterior) looked in fair condition. Rated: 3 Santa Ana Cade Enforcement Division Mobile Home Park Home Inspection Checklist Address: 6002 W Mc Fadden Date: 4-19-19 1 3 Front Landscape x Deck, porch, patio x Trash cans x Driveway Storage In front x House number x Outdoor lights x (Wood Surfaces) Paint and trim x Siding (brick/stone/cement) Broken windows Fences In disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked x Are ihingsyleosa cracked nfes damogad 6ttod bug ltedi Notes: # 79 blue tarp/ #53 excessive storage 5 1 3 5 (Wood surfaces) paint and trim x Maintenance x Pool area x Notes: x x 1 3 5 x Laundry Room x x Park x X Coach/Trailer/Home x x x x 203 65A-206 Space #79 Space# 53 65X 207 4/22/2019 Z E. MV e Property Detail Report 6002 W MCFADDEN AVE, SANTA ANA, CA, 92704.1176 Owner information: kDIGITAL MAP sue�ermvalns r•noouc rs Owner Name: BIT-O-HOME MHP LIMITED PARTNERSHIP Mailing Address: 2151 E BROADWAY RD STE 213, TEMPE, AZ, 05282.1933 Vesting Code: PA Vesting CodeDesc: PARTNERSHIP Owner Type: Location Information: Legal Description: S TWP 6 RGE 10 SEC 16 SEC 16 T $ R 10 W1/2 NE1/4 NW114 SW1/4 -EX County: ORANGE Parcel No. (APN): 108.364.02 FiPS Code: 06069 Alternative APN: Census TrCdBik: 099202 / 2 Legal BooklPage: Twnshp-Rnge-Sect Map Ref: Legal Land Lot: School District: Legal Block: Subdivison: Lest Market Sale Information: Recording Date: 5/12/2003 New Construction: Sale pate: 6/12/2003 15t Mtg Amount: $3,600,000 Sale Price: $2,360,000 1st Mtg Type: COMMERCIAL Price Per SF; $1,487 1st Mtg Doc No: 2003000642470 Price Per Acre: $502,137 Sale Doc No: 2003000542469 Deed Type: GRANT DEED/DEED OF TRUST Transfer Doc No: 2003000642469 Sale Type: INSURED NONRESIDENTIAL GRANT DEED Title Company: NORTH AMERICAN TITLE CO Lender. NOMURA CREDIT 6 CAPITAL INC Seller Name: BECKMAN, WALT; BECKMAN FAMILY TRUST, Last Transfer of Ownership: Recording Date: 6/12/2003 Book Number: Document Number: 2003000642409 Page Number: Doc. Type: ID Prior Sale Information, Recording Date: Sale Type: Sale Date: Transfer Doc. No.: Sale Price: New Construction: Sate Doc. No.: Seller Name: Title Company: Lender: Property Characteristics: Building Area (SF): 1,680 Total Rooms: No. of Units Bedrooms: No. of Stories: 1 Bathrooms: 0 Yr Built/Effoctive: 1947 / Basement: YES Condition: Basement Area ($F): Construction: Heat Type: Roof Type: Air Cond Type: Roof Material: Fireplace: Parking Spaces: 0 Site information: Zoning: _ Assessor Acreage: 4.68 County Use Code: 3 Calculated Acreage: 4.6933 County Use Code Desc: COMMERCIAL 20(isessed Lot SF: 203,756 Land Use Code: 2000 6 5A Lot BF: 204,440 1 anti 1Ic0 n.." PnRRReeoeu.. rn,-.��... . ....._ Recording Requested By North American Title Company Order No, 32-91481.03 Escrow No. $6201-62233917-LQH AND WHEN RECORDED MAIL TO: Name Kim W. Eggleston Street 7373 N Scottsdale Rd. #A780 Address City & Scottsdale, AZ 85253 State Recorded in Official Records, County of Orange Tom Daly, Clerk -Recorder 1111111MIIIII IIIIIdIIIIIIIIIIIGIilIIII:IIIIIIIIIlI 34.00 2003000542469 04:30pm 06/12/03 118 4 G02 8 1292.60 1292.60 20.00 0.00 0.00 0,00 0.0o 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE MIVTDTIAT. f:R ANT 111117>a n The undersigned grantor (s) declare (s): Documentary transfer tax is $ 2,585,00, City transfer tax is $ NONE ( X) computed on full value Of property conveyed, or computed on full value less value Of liens and encumbrances remaining at time of sale, ( ) Unincorporated area: ( X ) City of Santa Ana, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Walt Bockman, Successor Trustee of the Beckman Family Treat dated December 11, 1990 hereby GRANTI sbo", MO.', the following described real property in the City of Santa Ana, County of Orange, State of California: THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Bit-O-Home, LLC, an Arizona limited liability Company , joins in the execute of this conveyance to relinquish all tight, title, and interest in the herein described property that may have been created by the recordation of that certain Memorandum of Option/Lease recorded September 4,1998 as Instrument No, 98-0595371, Official Records. Bit-O•Home, LLC, an Arizona limited liability company By: Executed in Counterpart Kim W. Eggleston, Managing Member Dated ADri129.2003 BY: Executed in Counterpart STATE OF CA , ORNIA i / )SS. The Beckman Family T st dated December 11, 1990 COUNTY OF_ On ...y)ltat i ca �71e nders' lie befareme, By; !/X? !- 'G`Urs l2GtvV\ personally appeared Walt Beckman, Successor Trustee WaltBeckman personally known to me (or proved to me on the basis ofsatsfactoty evidence) to be the person(s) whose name($) We subscribed to the within instrument and acknowledged to me that Ilikhe/they executed the same in Vier/their authorized capacity(las), and that by OFAer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and ofEcial seal. signature a.r COmmik r I. . :6Ye a[a alversi& MYi:onan.tai+�aut:G3,;np3` (This area for official notarial seal) MAILTAX SAMEASABOVE STATEMENTS TO: NAME ADDRESS CfrY, STATE. ZIp 65X=209 Recording Requested By North American Title Company Order No. 32-91481.03 Escrow No. 55201.62233917-LQH AND WHEN RECORDED MAIL TO: Name Kim W. Eggleston Street 7373 N Scottsdale Rd. #A780 Address City Scottsdale, AZ 85253 State SPACE ABOVE THIS LINE FOR RECORDER'S USE INDIVIDVA-1. GRANT nr..Rn The undersigned grantor (s) declare (s): Documentary transfer taxis S.' City transfer tax is S NONE ( X) computed on full value orproperty conveyed, or ( ) computed on full value less value of Liens and oncumbranccs remaining at time of sale. ( ) Unincorporated area: ( X ) City of Santa Ana, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Walt Beckman, Successor Trustee of the Beckman Family Trust dated December 11, 1990 hereby GRANT(s) to Bit-O-Home MHP Limited Partnership, an Arizona limited partnership the following described real property in the City of Santa Ana, County of Orange, State of California: THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, IN TOWNSHIP S SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Bit-O-Home, LLC, an Arizona limited liability Company, joins in the execute of this conveyance to relinquish all right, title, and interest in the herein described property that tray have been created by the recordation of that certain Memorandum of Option/Leaserecorded September 4, 1998 as Instrument No. 98.0595371, Official Records. Bit0-Hc e, LLC, ptyY�r one limited liability company Executed in Counterpart By: By: Ki W. Egglesto ag Ing Member James Paldi, Managing Member Dated 4WI29.2003 STATE OF ARIZONA, )SS, COUNTY F. befare me, Thcotd r igh otaryPuhlic personalty appeared KIMW.Eeelcston _ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose names) Is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hisrhadtheir authorized capocity(ies), and that by hiaedtheir signatures) on the instrument the person(s), or the entity upon behalf of which the person(s) sated, executed the instrument. WITNESS my handnd oflicl 1 seal. Signature s ) , f MAILTAX SAMA SABOVE The Beckman Family Trust dated December 11, 1990 py; Executed in Counterpart Walt Beckman, Successor Trustee WENDYLUSk NOtory PUbpo . Adzono 8 ModCOpo County My Commission Expires OCtObr f 14, 2006 (This area for official notarial seal) STATEMENTS TO: NAME ADDRESS CITY, STATE, ZIP cvr 65A-210 Recording Requested By North American Title Company Order No. 32.91481.03 Escrow No, $6201-62233917-LQH AND WHEN RECORDED MAIL TO: Name Kim W. Eggleston Street 7373 N Scottsdale Rd. #A780 Address City & Scottsdale, AZ 8$253 State SPACE ABOVE THIS LINE FOR RECORDER'S USE INDIVIDUAL GRANT DEED The undersigned grantor (s) declare (a): Documentary transfer tax is r ' "f City transfer tax is S NONE ( X ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) City of Santa Ana, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Walt Beckman, Successor Trustee of the Beckman Family Trust dated December 11, 1990 hereby GRANT(s) to Bit•O-Home MIN Lindted Partnership, an Arizona limited partnership the following described real property in the City of Santa Ana, County of Orange, State of California: THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, IN TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA Bit-O-Horne, LLC, an Arizona limited liability Company, joins fit the execute of this conveyance to relinquish all right, title, and interest in the herein described property that may have been created by the recordation of that certain Memorandum of Option/Lease recorded September 4, 1998 as Instrument No. 98-0595371, Official Records. Bit-O-Home,,LLC, an Atipona limited liability company rxecuted in Counterpart Kim W. Eggleston, Managing Member James di, Managing Member Dated Anri129.2001 STATE OF CALIF O IA ,SS. COUNTY OF e~I hPG On M A V Oc'a before me, The 1 di c�i personally appeared James Paldi personally (gown to me (or proved to me on the basis of satisfactory evidence) to be the person(40 whose name subsefibcd to the within ins sit and acknowledged to me t a Ve/d Ay executed the same i hi *1thstr authorized capacity(' ), and that by hi0er/their signature(eon the instrument the persoW or the entity upon behalf of which the person(g acted, executed the instrument WITNESS my hand and o/iff ial seal. D / Signature..,..,, .f xT^ ^ :t�stJ'c^itdGW MAIL TAX SAME AS ABOVE The Beckman Family Trust dated December 11, 1990 By: Executed in Counterpart Walt Beckman, Successor Trustee JOSEFiNA ALVARAD-0 COMM..,979289 L0 NOtAN4P0iiECOUO F08NIA MY Te�mt � Jit�ly 27W, 2BA4 (This area for official notarial seal) STATEMENTS TO: NAME ADDRESS CITY, STATE, ZIP 65A'211 EXHIBIT "A" (LEGAL DESCRIPTION) THE WEST ONE-HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER SOUTH, RANGE 10 WEST, SAN BERNARDINO CITY OF SANTA ANA, COUNTY OF ORANGE, 32-914$1-03 QUARTER OF THE NORTHWEST OF SECTION 16, IN TOWNSHIP 5 SASE AND MERIDIAN, IN THE STATE OF CALIFORNIA, 65A-212 GOVERNMENT CODE 27361.7 I certify under penalty of perjury that the notary seat on the document to which this statement is attached, reads as follows: Name of notary --� . amk Date conunission expires__ Commission Z23b� County where bond is filed Manufacturer/Vender Place of execution_ Signature 5 D] North American Title 210 65A:213 M RECORDINGREQUESTED BY. RRCDRpIPIKPRtCAN TITLE CO.. order fin. 329825103 Eraow Nu. 62217795 AND WnFN RECORDED MAIL 11) N.d Walt Heckman seam 38201 Cherry Valley Blvd Address Cherry Valley, CA 92223 city & sµm Recorded in the County of Orange, California Gary L. Granville, Clerk/Recorder Il ll 111 llld ll 111 ll ll llll l l till ll l ll l ll ll ll 111 llll l ll l 2 9.0 0 19980595370 1:20pm 09/04/98 004 2011224 02 21 A09 2 65 0,00 6.00 3.00 0.00 0:o0 0.00 0.00 20.40 0.00 , of ' SPACE ABOVE MIS LILAC FOR RECORDER'S USE AFFIDAVIT DAVIT - DEATH TRUSTFE 108-364-02 STATE OF CALIFQRWIA, f 5S. County of Orange �} w c t, Mary sou Heckman , of legal age, being first duty sworn, deposes, and says: the decedent mentioned in the attached cedifiedcopy of Certificate of Death, is the same person as Mary Lou Beckman _ named as Trustee Trust Agreement dated Dec 11, 1990 in that contain Deed dated December 11, 1990, executed by Walter Beckman and Mary Lou Beckman, husband. and wife to Walt;6_pekman and Mary Lou Heckman under Trust Agreement tilted December 11, 1990 asTrustce(s) g recorded as Instrument No. 91-017467 on Jaguar, 14, 1991 of Orange , in Book ~ NA , Page NA , or Official Records County; Cafiromla, COVenng the following described properly: The West half of the northeast quarter of quarter of Section 16, Township 5, South, the northwest quarter of the Southwest Meridian. Range Ten West, San Bernardino Base and 2. That upon the death of Mary Lou Beckman , Walt Beckman became the sucessor trustee under Trust Agreement dated Dece" egryL 11, 1990 Dated s•t-�^G 1998 � �yC,: Walt. Beekman SUBSCRIBED AND SWORN TO before me, the undersigned, A Notary Public in and for said State, dtis 26:1 / ROSES: �AA011D5 S'-C Cantmtnlmi 10.536dN day of 7—m 19 G h� 4 z-: Notary MbIi• Callfwia Notary Publici RIV&SIde Comfy WComm. Bq*% lun2M3,19M" " (This area for official notarial seat) 211 65A-214 COUNTY of SAN BERNARDINO DEPARTMENTOF PUBLIC HEALTH 351 MT. VIEW AVE.. Nit E E-AN 8PRNARDINO. CALIFORNIA 92415.0010 C E RTIfICATE OF DEATH _. I..i4 YivP n ex�_"' ' a.w w._x irv+ax.v xn CONp pn ,v. ..vivup �' LOC4L ¢441r.xA1 .,e<n ^�n:.� e. n.r.p.`....4......... _....... _-apn.p •�_+—._. nR.n�...__ occ¢bPev 03112�/192 9x8_-: 9.a - u0310 �.x49 IQy4.�3. i4:�"; �� ilsrtled 12 1 White .°•^ c..w.[. rv. «7.A,ee,. -- r Self Em ld ad _ Qvn home Homemaker ce 50 < v.�aA 3B Charr valley Blvd. ikBIa4NC4 .<In imp +�"'�- a. nul ¢S rp. Ibv ¢••18 co_... .e , _LItl.Mruside 82r23< CA • '— .••• A 6.FST� ^ i§4pmen �ifus and 01 -,harr Valleyw. no. .n t i".•pu.<_..., .,,perCtlerz Valle a CA 52223 w wf nNo` r '�®1,S°�.°'-.""'"a'"°.�.._ na:luaA Beckman ' _E� x.x..r ...." poi: <Yr o.<e. ia$aWolfe sn,exrclsxn 6z1}8/19g n Valt9y M. Beckman 382Q1 Chrercy Vatla Blvd. Checr Val,lev, CA 92279 .o.nnn.' e.'v—iuT cxT..-----'Y ron.nu ol... o" 9 Lee4 +a. upelur xe. 4 RR w _.____ tolea _ rpwnBee ♦F ••pa .Wes' r Morbn net : _Not 9. 0! IW. L. bdd � "'� ,/`AAAA 19i. uc. oa er. w foa .F ytiP.� . 02 B/1998' n ex .G ¢prpwr�9xn .w.r .M Y IaP. Ctlunn ruac RedlandsCgnrounity HOs ltal A1[neTdlno p.n;n ie°-•'"•'-or^��..•w�*u.o u�:G'3'locomm m1.San iTarraeina':Hgulevard Redlentls . Otnx rv.. S.ua[tlbn i[xvt. tTiL Orv<�p,ue[ fC 4rl F,a, A. c..Np PI xi IX.e va 1e4C1 n, .iMl.e1¢^'j�ra.wP. - n x +.va.ur. ^' Hul[L-stee Failure Weeks 9B1iS�°cN° p �ad.a w'T'n^n �" ua .Ircp.., nbrpn..p Pneumonia wc+ pHOWea: ia.c..'m.`1+9 _ W e x.mwaauXpn E},gs CC4 d„Sy_m.BlYflcil^ C¢li4isy_Staphylocaccal Battaremin .i v .rv. cpnbT 4 .rl .q px IIn 1R.. L.tf Ill pv an.,nTpu ,x90.... ` lnal afr a Dd gyIn o£'fho,Vq_,Q o c AnIti sm<prl lAui99 ?�iei�:})•• G46086 �021,d) 199E e„_ _ 01/19/1898 01/13/1998 4terun Haddad 1U 61Q9 W 9ana¢y St B8m[ng CA'92220 ne: ini�v.a: ex '"`m , J1Ti'e7T'7.,xX I'^II iS.d2! _..r4:wl..,.r.Yn :940}^ d Iyl Ux S¢ny[ I_IYwT. .1....' LY I.a4,M1an wf,<.. ,u6 „w.e4 a✓u<e..a .xp en , vv"�'"�' —+��--. w vnvp nnr< Y.t. p. Cp.onS Spnonen .,.rc •'a a a.r a' Ie e e e.. .43 . .m.u.n ...... ........ 6874363 887989 CER .IFIF,C COI)y OF VITAL RECORDS SlA11;0I CAUVONRIA jt OZ / 20l i9Pp � xsanttlnppllllfkb Cl)1 N'11'f1F'SAN HIiIfN1NItlVi3 / DAI I, I451TI) /r °} Mp Ines a'•stun'enn ¢Laa rkD dl Jwnf IIItmV f. '_d•+fx k(u lg�xil-n dNla.to �.vf/�i*<.•���-n^• Apo an We in lne VITAL, NfC07U LCTIGN, SaaI pl 3lhf CoIN0:1F1'AH'nxf'NTJf PIJ3uC btEM1!TH. x iu& /� i40M1lA J. PlltCE 11111A ' f a 1115.b n ,ddmdr.. uyla .ILi.� u.6 IB,2 �P l r ❑EOISTRAR OPVTALOMA STATISTICS B Id. qSe�-P 1AIfl .f1Y 1lYfi . 14�-.•� `Yfid�tM' .iu41xl4m�.e.}YeiLY4k+Jaw Vl�.uuw+.w+..w[�.t�w+. :w.w.+.� i. r... .... :.:.,.. Ave. 213 65A-216 Mobile Home Park Windshield Inspection ADDRESS: 4117 W Me fadden AP # 188-051-01 OWNER OF RECORD: PCP Santa Ana LP, a California limited partnership Agent for Service: M.A. Cirillo & Associates STATEMENT OF CONDITIONS The mobile home park aesthetics is fair from public view. Landscape areas inside the park are well kept. The roadways throughout the park have some potholes clue to gas lines being installed. There are uneven streets due to this work. From the inspection, most mobile units (exterior) looked in good condition. Rated: 3 4 Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address: 4117 W Mc fadden Date: 4-19-19 1 3 5 Front landscape Deck, porch, patio Trash cans Driveway Storage In front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stoneloement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked pre things loose, cracked,: damaged; rottgd,.bug Notes: Mobile Park has several x x x X x x x x x x x x x x x infested? homes for sale Gas lines being installed x 1 3 5 (Wood surfaces) Paint and trim x Maintenance x Pool area x 1 3 5 Laundry Room x Park x Coachrrailer/Home x Notes: 215 65A-218 LP-2 to Cerdficate of Lfmltad To fangct hlormalon of rewd for your LIP, Oil out thin form, and submit for nano along with: — A $30 611ng file. — A sapardts, nonfefUndable $15 setvtco fee also must be included, It you drop off the completed form, Items 3-7: Only flit out the fnformattan that Is ahsnging. Attach cadre pages If you need mare space or need to Include any otb)r nmitas, FILED Dy Set mwYof ame StmeOfCBROM NOV 30 2016 ��+' ihh Sdaa9 Fm dner.11e+�rtwA. For quosttona abautttda [ofm,go to mew.aaa.ca.puv�AcrdbreasrbeA57Mg.PPpa,Mn (D Lp'a Flle Na diaruad by tlaaretay or9ata) Lp°a Esaot fihhmo fon by Men CA 8ocmtsry orfiade) Now LP Mama prhyveadMWLPNama Tl'a nozr L ruurof moat arts WE, "!krt`ad xn1a,`'LP,• or S.P.• mrd may not owaa!n'Cu#,'3w •"auti,•tn Inc., a war.^ Now LP Addresses Q) e. H 0 E. 4th Street Santa Arta cA 417nt i! v! !lit,, -TM•:. b, wig=.ne &o a1 AemM can to �Y aaBreYaGbns) ffiam p Of Protaoo(ytWhl?lfmustl*sCAMddoMagta�ftd0SJ5 oapordtlan to CA.) b. CA P AOm— ( apace b nil a Mpangenj no44100190amvp Gandrat partner Chong" a. Now generalisaftnec Kama Araym6a c,BY( +m^fadarsJ 9reb p Is. Address change; anw Arow ra7)+(ere gn " �+ c Nama change: Old nom ., Now noma: d. Nam of disaodawd general partner: ,--_-- — atoaolvad LP (Eaha check boa A of d" box o end ghnpWfa the lafomufflWo. Naar To osedssla the LP, aqa ron a coal aats of Canartata m (PamLP47), arnaabw at wuw.aca,m Ace.) 0 a. ® The LP is dhacivad and wrapping up he affabe. b. (] The LP Ie dfaaot+®d and has no gonfrd Partners. That fallowing porcbn has been appointed to wrap up the shalra of the LP: Afanrp Addro3a k°sy (eaobsmeeYiadmhgh .ate gfg--,.._. and sign below: each psroon gated Irson Ibt4d must on or rri Thomas Niederkofier. Manager of t 6 Amv anro r�aaw�+namafor�ueiBcCurrent Farmers, sfpn from Pdnrleiv'namalrerc psfa Lteka tladhhhuanaY coderpsY to: eobnnaep of State Symab, paopliA Upon DU v wlp mlum arm (1) unconlhod copy of your Soomtory or halo Secretary of Stara Red dewvment forbaa, harts vAd eordfy Ula copy upon euinaaa EMid% PA cos 944225 150011th Shast, 3nr Floor m4wal end payment of a $9 mrlldsadoo too. Sacvaelemo. CA 94244.2250 edowenla, CA 255f4 cmoisno Cob jt ,s2 L"(Wofrtojsi 2J 6 t;aaaSCa IbShtht7Alp 65A 219 FIDELITY NATIONAL TITLE COMPANY RECORDING REQUESTED BY AND WHEN RECORDED MAII. TO: Corey Van Matta Cummins & White, LLP 2424 SX. Bristol Sheet, Suite 300 Newport Beach, CA 92660 Mail Tax Statement To: PCP Santa Ann LP P.O. Box 11427 Santa Ana, CA 92711 1 In on the consideration or value of property conveyed; tcWTalsal Under;qosition 13, i.e., Calif. Const, Art 13A §I et. seq.) Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 29.00 * $ R 0 0 08 3 8 55 2 8 8 2016000223218 4:14 PM 05/18116 7 402 G02 211 968.00 gKoo 20.00 0.00 3.00 0.00 0.00 0.00 APN: IM051-01 GRANTDEED FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged GRANTOR(S): CATHY LYNN DELEON AND CRAIG ALAN COLE, First Successor Co -Trustees under the Gloria L. Cole Trust, do hereby GRANT to: GRANTEE: PCP Santa Ana LP, a California limited partnership, that certain real property located in the County of Orange, State of California, described as: LEGAL DESCRIPTION: THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE CITY OF SANTA ANA, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: THE WEST 1/2 OF THE EAST 18 ACRES OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 5 SOUTH, RANGE 10 WEST, SAN BERNARDINO BASE AND MERIDIAN, IN THE RANCHO LOS BOLSAS, CITY OF SANTA ANA, COUNTY OF ORANGE, STATE. OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS OF ORANGE COUNTY; CALIFORNIA More commonly known as 4117 West McFadden Avenue, Santa Ana, California. Dated: May L; , 2016 [signatures on following pages] 217 65A-220 By,4Cg� v x �L (�1'C2� AI ole Its: Co -Trustee 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 0 cr� ) On 12 / F, before me ,� r .c No Public, personally appeazed, AI(� e who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature($) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the lb5g >)ng paragraph is true and correct. WITNESS my hand and official seal. sARD1II... I ....l Signature COMM. #2042367 z rc: o Notary PUGIIc • California z 0ran0e County o Comm. F,x fires oa 17 2017 Place Notary Seal Above 2 65X 221 219 65A-222 Mobile Home Park Windshield Inspection ADDRESS: 329 S. Harbor Blvd. Liberty Mobile Home Park. AP # 144-311-29 OWNER OF RECORD: MHP, L. P. STATEMENT OF CONDITIONS The mobile home park aesthetics needs improvement from public view. Landscape areas inside the park could use improvement. The roadways throughout the park had some cracks. Some violations were observed such as: inoperable vehicles, improper storage, unpermitted and substandard work, damaged and substandard decking, patio covers, siding and skirts. From the inspection, most mobile units (exterior) looked in poor condition. Rated: 3 65220 A 223 Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address:329 S. Harbor Blvd, [Date: 04/19/2019 i Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (bdcklstone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked X X X X X 3 5 X (wood surfaces) Paint and trim Maintenance X Pool area Notes: 1 3 FX X X X 1 Laundry Room Park X X Coach[Trailer/Home X X X X Notes: Notes: The property Is In dire need of maintenance. 0 3 55 X I 221 65A-224 Recording Requested By North American Title Company Order No. 32.91480-03 Escrow No. 56201-62233916-LQH AND WHEN RECORDED MAIL TO: Name Liberty MPH Limited Partnership Street 7373 N. Scottsdale Rd, #A780 Address City & Scottsdale, AZ 85253 State Recorded In Offlclal Reeords, County of Orange Tom Daly, Clerk -Recorder 111111IIIIIIIIII U111111111111111111111111111111 30,00 20030005424666 04,.30prn 06/12/03 119 4 G023 0.00 0.00 20.00 0,00 4.00 0.00 0.00 0.00 SPACE ABOVE MIS LINE FOR RECORDER'S USE _ PARTNERSHIP GRANT DEED n.. r,nt44-311•- The undersigned gtantor(s)—declare (s): R&T119l1— Thd:s Conveyance'.r�onfirms e D end ge of namee , and th Documentary transfer tax is $ NONE grantor and -grantee are the same party, R&T 11911 ( ) computed on full value of property conveyed, or ( ) computed on full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) City of Santa Ana, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Liberty MHP L.L.C., a limited liability company organized under the laws of the State of Arizona hereby GRANT(s) to Liberty MHP Limited Partnership, an Arizona limited partnership the following described real property in the City of Santa Ana, County of Orange, State of California: LEGAL DESCRIPTION A17ACHED HERETO AS EXHIBIT " A" AND MADE A PART HEREOF Dated _May5,2003 STATE OF ARIZONA, COUNTY OF u ) On c r>j t, 1> .___before rne, TheunderslPublic__, personally appeared Kim a ion personallyknontl tome (or proved to me on the basis ofsatisfactory evidence) to be the Person(s) whose narrcal is/are subscribed to the within instrument and acknowledged to me that helshe/they executed the some 1 n his/her/their authorized aapacity(ies), and that b y If is/her/their sibmaturo(s) on Ilia instrument the person(s), or the entity upon behalf of which the person(s) acted, exeouted the instrument. WITNESS gly handand offigl�l seal. MAIL TAX SV&E�SABOVE STATEMENTSTO: Liberty MHP L,L,C. a Arizona limited liability co an e— w\ By: Lv l Kim Eggleston, M. a ing Member Executed in Counterpart By: _ James Poldi, Managing Member WENDY LUSK " Notory PubliC - ArizOnb MQr1001$7 County My Commission Explr®s OCtobOr 14, 20p6 (This area for aflicial notarial seal) 222 65A-225 Recording Requested By North American Title Company Order No. 32.9148NO3 Escrow No. 56201-6223391E-LQH AND WHEN RECORDED MAIL TO: Name Liberty MPH Limited Partnership Street 7373 N. Scottsdale Rd. #A780 Address City & Scottsdale, A2 85253 State SPACE ADOV E THIS LINE FOR RECORDER'S USE PARTNERSHIP GRANT DEED The undersigned grantor (s) declare (a): R&:T' 11911 Agent acting with funds of principal Documentary transfer tax is $ NONE City transfer taxis $ BONE ( ) computed on full value of property conveyed or ( ) computed mi full value less value of liens and encumbrances remaining at time of sale. ( ) Unincorporated area: ( X ) City of Santa Ana, and FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Liberty MHP L.L.C., a limited liability company, organized under the laws of the State of Arizona hereby GRANT(s) to Liberty MHP Limited Partnership, an Arizona limited partnership the following described real property in the City of Santa Ana, County of Orange, State of California: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT " A" AND MADE A PART HEREOF Dated May 5, 2003 STATE OF CALIFORNIA, )SS. COUNTY OF ORANGE ) On MAX G f..?Jd3 before me, The midershm, Notary Public , personally appeared personally known to me (or proved to me on the basis of satisfactory evidenuo) to be theperson(p) whose name(�Q I subscribed to the within ins ment and acknowledged to mo the a )k/thoy executed the same in"» lrrtr authorized capnctty(Id_, d that b +is,J pC/dAir signature on the instmmont tite person(itt, or the entity upon behalf of which the person(1�dcted; executed the instrument. WITNESS my hand and oft 'al seal. I Signature vt n CGEualt� MAIL T SAME AS ABOVE STATEMENTS TO: Liberty MHP L.L.C. a Arizona limited liability company Executed in Counterpart By: Kim W, B lesion, M `aging Member By. �4 Ti �%�A— dames Idi, Managing Member dOSEFINA ALVAMDO COMM ... 1271289 q m PAHOECt UNT ORNIA My7ermErp.July21,2004 (This area for official notarial seal) 223 65A-226 EXHIBIT "A" (LEGAL DESCRIPTION) PARCEL 1: THE SOUTH 360 FEET OF THE EAST HALF OF 'THE WEST HALF OF TFIE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 12, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. PARCEL 2: TFIE SOUTH 360.00 FEET OF THE WEST HALF OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 5 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 12, MISCELLANEOUS MAPS, RECORDS OF SAID COUNTY. EXCEPT FROM PARCELS 1 AND 2 ABOVE, THE MOBILE HOMES OR MANUFACTURED HOUSING UNITS AND APPURTENANCES, IF ANY, LOCATED ON SAID LAND. ALSO EXCEPTING FROM PARCELS 1 AND 2 ABOVE, ALL RIGHT, TITLE AND INTEREST IN AND TO ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES, IN, ON, OR UNDER THE SAID LAND. EXCEPT THEREFROM, ALL OIL, OIL RIGHTS, NATURAL GAS RIGHTS, MINERAL RIGHTS, AND OTHER HYDROCARBON SUBSTANCES BY WHATEVER NAME KNOWN, TOGETHER WITH APPURTENANT RIGHTS N THERETO, WITHOUT, HOWEVER, ANY RIGHT TO ENTER UPON THE SURFACE OF SAID LAND NOR AY PORTION OF THE SUBSURFACE LYING ABOVE A DEPTH OF $00 FEET, AS EXCEPTED OR RESERVED IN INSTRUMENTS OF RECORD. 32-91480-03 65X'227 4080 W lit St 225 65A-228 Mobile Home Park Windshield Inspection ADDRESS: 4080 W. Ist St. Park Terrace AP # 188-031-01 OWNER OF RECORD: Park Contempo, LTD, M STATEMENT OF CONDITIONS The mobile home park aesthetics from public view are in excellent condition. Landscape areas inside the park are in excellent condition, The roadways throughout the park are in excellent condition. Some minor violations were observed such as deck, porch or patio covers in need of maintenance. From the inspection, most mobile units (exterior) looked in excellent condition. Rated: 5 65X-229 Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address:4080 W. 1st St. Date: 04/19/2019 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor tights (Wood Surfaces) paint and trim Biding (brick/stone/cement) Broken windows Fences In disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Perking stalls marked 1 3 5 X X X X X X X X X X X X X X X X X Notes: The property is In excellent condition. (Wood surfaces) Paint and trim Maintenance Pool area Notes: Laundry Room Park Coach/Trailer/Home i Notes: 1 3 5 X X X 9 3 5 X X X 227 65A-230 i' e11-11 Property retail Report for: VDIGITAL MAP 0q.,,r,,;,iA 40$0 W 1ST ST, SANTA ANA, CA, 92703.4022 Owner Information: Owner Name: PARK CONTEMPO LTD Mailing Address: 10877 WILSHIRE BLVD STE 1620, LOS ANGELES, CA, 900244379 Vesting Code: Phone Number: Location Information: Legal Description: S TWP 5 ROE 10 SEC 16 SEC 16 T5 R 10 POR NE114 County: ORANGE FIP$ Code: 06069 Census Trcttak 09924812 APN: 188.031.01 Alternative APN: Map Ref Twnshp•Rnge-Sect: •- LegalBook/Page Tract No: Legal Lot. Legal Block: Suddlvison Last Market Sale Information: Sale paten — Sale price: 151 Mtg Amount: Sale Doc No: Price Per SgFt: 15t Mtg In1 Type: Transfer Doc No: Price Per Acre: 2"d Mtg Amount: 1f1 Mtg Doc No: 2nd.Mtg Int Type. Sale Type: Deed Type: Title Company: Lender: Seller Name: Property Characteristics: Building Area: Total Rooms: Construction. Living Area: Bedrooms: Heat Type: Garage Area: 6at(ts:: 0 Air Cond: Basement Area Fireplace: Roof Type Parking Type:, No or Stories: Roof Materlal Yr Buili/Etfective. / Quality: Style: Pool Code: Tax and Value Information: Assessed Vatue: $1.060,138 Assessed Year. 2019 Est Market Vat: Land Value: $601A83 Property Tax: $11,707 ASsessof Appd Val:. Improvement Value: $148,755 Improver i°lo: 14.16 Tax Exemption: Site Information: AssessorACres: 2A7 Zoning. Land Use Code: 27S Assessor Lot StlFt. $4,366 Noot Buildtngs: Land Use Desc: STORE BUILDING Lot 01): or ReslComm Units: County Use Code: 32 Calculated Acres: 2,1004 Sewer Type: Calculated Lot Sci 92,000 Waw Type: 65228 A 231 RECORDING REOUE$TEp BY pJ5 ,G--071270 RECOROING REQUESTED BY r t 5 FrAST AWICAN THE INS. CO. ' RECOAM IN OFFICIAL RELVMJS OF ORANGE COUNTY. CALIFORNIA AND WHEN RECDRREn MAIL TO y• I• I ,,. �Y, Phi FE021 '86 RLT,o + Ala, $Vw Park Contempo, Ltd. C/o Tatum-Raplar. Financial .r w(^- � """"'•�� "'Y0f°� tateu 424 INS5tV(VU.I ,,.,,,.,, Los Angelcs, Ca. 4 \900 MAIL TAX STATEMENTS TO SPACE ApOVE TR15 ONE Frig RECDR eER'p USE 6, S:5.If0 Mier n;.m. Sane• AS abuvv ►hYii •••�••.'v. .f Y••• •., rr. rn •: .. ORApGt W-R[Rs+R:`*F /C^4 lr•ll�C2,d/rsr••Iyl,+yrr.. GRANT DEED FFTCO`1424135 :+ 4 LH (PARTNERSHIP) 16 flu memnxmd+:.,!January 20, 1986 ,l• r+ule,4's .. a : kr+f: +, PARK 'TERRACE FUND, LTD., a calirornia limited partnership hrtrMr CRANI <b. PARK CONTWiPO, LT'D-., a California limited partnership :he RdL.. me feunM,! 9.1 Fnpuw m :Pv a.+:r id r A!d :.c t. _^ ' .I Orange e,a:d Santa Ana .. PARCEL 1: The Nest Half of the Northeast Quarter of the Northeast Quarter of section 16, Township 5 South, Range 10 e.ost in tho Rancho Las Bolsas as shown on a 2-lop recorded in Book 51, Page 12 of Miscellaneous Naps records of Orange County, California. Excepting therefrom the Southerly 35 feet. PARCEL 21 The East 13 feet of the Northwest Quarter of the Northeast Quarter of Section 16, Township S South, Range 10 Wast> in the Rancho Las Bolsas, as shown on a PIap recorded in Book 51, Page 12 of Miscellane Naps, Records of Prange County, California. Excepting thorefrom that portion conveyed to the City of Santa Ana by Deed recorded December 30, 1964 in Book 7363, Page 509 of Officia Records. A.P. 108-761-01 6 02 PARK TERRACE FUND, LTD. a California`{limited partnership .By: L R. Jones General Pl . STATE OF CALIFORNIA ! On February /�,w BElhrLernx,lhe un.'.nap�nl., S.:un p+hb. iivn.l tir wJ mil N+Po. prWnulh. rprt+rc,i Loon R. Jones, proven to me , tol':v'n•oF on the basis of satisfactory evidence d,rrynnae.drly MnnrtF,im rrnuhd rht �'nhrn memmrn,.m.l oye..:ef:ni :•. me •hn rahpnnrMnfy{�.n.l N, vme Y $ FICIAL S ! L J ' D zYM SFARP NOTARY FICUC VRN!A 229 OM"oOp nY (y my C. Wan AF I7. 1VM16V j( MAIL 6&A%"2AS DIRECTED A13OVE 3101 S. Fairview St. 65A'-233 Mobile Home Park Windshield Inspection ADDRESS: 3101 S. Fairview St. AP # 414-191-01 OWNER OF RECORD: Jeffrey A. Kaplan MHP —Plaza Mobile, LLC STATEMENT OF CONDITIONS The mobile home park aesthetics is excellent fi-om public view. Landscape areas inside the park are well kept, The roadways throughout the park had no potholes, From the inspection, most mobile units (exterior) looked in excellent conditions. Rated: 5 231 65A-234 Santa Ana Cade Enforcement Division Mobile Home Park Home Inspection Checklist Address:3101 S. Fairview St. Date: 4-19-19 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 eq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked Are things loose, cracked, damaged, ratted, Notes: Park was very clean, excellent 1 3 5 x x x X X X X x x x x x x X x X X bog infestsd? maintenance. 1 3 5 Laundry Room X Park X Coach/Trailer/Home X I Notes: 65232 A 235 WHEN 'RECORDED MAIL TO. 4EF,F&E A. KAPI" _MHP-RLxZA iMiLE, LF. 924 WES3GTOOB ,7,�673 ,AMBLES, CA 9a07�4-' �;J Recorded �inthe CountY of Orange, Qranvllle, Clork/RecorCalifornia do IIIIIIIA�II�II���l�l lglll�lia�ih $ngll6 292903 2,40pm HAM$ 004 7000e34 07 22 002 3 11 3580.60 7.00 6.00 0.00 0,00 3680.50 20.00 0.00 0.00 ORANGE COUNTY, CALIFORNIA, ASSESSOR PARCEL NO. 414-191-01 GRANT DEED The Undersigned Grantor Declares: The Documentary Transfer Tax is; DO, computed on full value of property conveyed. FOR A vAjLJABLE CONSIDERATION, receipt of which is hereby acknowledged, J DONALD W. KXLLIAN, JR., TRUSTEE OF THE BBH RETAINED INCOME TRUST OF 1990 ("Grantor") hereby GRANTS to: / MHP-PLAZA MOBILE, LLC, A CALIFORNIA LIMITED LIABILITY COMPANYS ("Grantee"j, the following described real property in the City of Santa Ana, County of Orange, State of California AS SHOWN ON EXHIBIT "A1; ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN This conveyance is made to Grantee subject to non -delinquent taxes and assessments, all matters appearing of record or known to Grantee or that can be ascertained by an inspection of said Property and is made by Grantor without any warranty expressed or implied as to the suitability of said Property for any purpose. DATED: MAY 61 1996, GRANTORS DONALD W. RILLIAN, JR., TRUSTEE OF THE SH RETAINED INCOME TRUST OF 19 0 By; Trustee 40VALK11, RI ZIAN, J PAGE 1 OF &PAGES P9WSS0JRtAPL ZAADt $10546 65A-236 STATE OF CALIFORNIA COUNTY OF ORANGE On �10 , 1996, before me, the undersigned, a Notary Public n and for said State, personally appeared DONALD W. KILLIAN, JR., personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument, and he acknowledged to me that he executed the same in his authorized capacity, and that by hie signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the in- strument. WITNESS my hand and official seal. 2� _ iar � i ure f Notary " EJ SAY U Comm. #982528 //�� a • Ty UTARV PUBLIC' CAOFORNIAu� (Seal) Lamm. EzPinc ORANGE COUNTY Jon. 13, M1 '+ PAGE 2 OF WAGES FAW5 WWAPµZA.001 W8/86 E 5 .237 Legal Description THAT CERTAIN REAL PROPERTY LOCATED IN THE CITY OF SANTA ANA, COUNTY OF ORANGE, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL A THE NORTH HALF OF LOT 4 OF THE WILLIAMS TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 14 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA. EXCEPT THAT PORTION LYING WESTERLY OF THE EASTERLY RIGHT OF WAY LINE OF FAIRVIEW STREET, AS DESCRIBED IN DEED TO THE CITY OF SANTA ANA RECORDED DUNE 12, 1967, IN BOOK 8276, PAGE 549 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA. PARCEL B• THAT PORTION OF THE NORTH HALF OF LOT 4 OF THE WILLIAMS TRACT, AS SHOWN ON A MAP RECORDED IN BOOK 30, PAGE 14 OF MISCELLANEOUS RECORDS OF LOS ANGELES COUNTY, CALIFORNIA, BOUNDED EASTERLY BY THE EASTERLY RIGHT OF WAY LINE OF FAIRVIEW STREET, AS DESCRIBED IN DEED TO THE CITY OF SANTA ANA RECORDED JUNE 12, 1967, IN BOOK 8276, PAGE 549 OF OFFICIAL RECORDS OF ORANGE COUNTY, CALIFORNIA, AND WESTERLY BY THE CENTERLINE OF SAID FAIRVIEW STREET. EXHIgVlA n 65A-238 3126 W. 1" St. 65'6239 Mobile Home Park Windshield Inspection ADDRESS: 3126 W.1." St. AP# 1.44-341-05 OWNER OF RECORD: Young Turkey Ranch Inc. �r is > r— { t�. STATEMENT OF CONDITIONS The mobile home park aesthetics is excellent from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. From the inspection, most mobile units (exterior) looked fair conditions. Rated: 5 237 65A-240 Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address:3126 W. 1 et St. Date: 4-19-19 1 3 5 1 3 5 Front Landscape x (Wood surfaces) Paint and trim x Deck, porch, patio x Maintenance x Trash cans x Pool area x Driveway x Storage in front x Notes: House number x Outdoor lights x (Wood Surfaces) Paint and trim x Siding (brick/atonekement) x Broken windows x 1 3 5 Fences in disrepair x Laundry Room x Shed exceeding 120 sq feet x Park x Inoperative vehicle x Coach/Traller/Home x Commercial vehicles x Condition of asphalt (pot holes) x Sidewalks x Parking stalls marked x Are things loose, crkkeif, damaged, rotted, bug Infested? Notes: Park was very clean, excellent maintenance, Notes: 65X241 nrCOR'JItJG t�"r..oJ_a'CED V t'IRS7I.MER:CAN'rll i;r iNanRANCR CO RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Thomas R. Kroesche, Esq. c/o Cooksey, Toolen, Gage, Duffy & Woog 535 Anton Boulevard, 101Ji Floor Costa Mesa, CA 92626-1977 KS Y9n Recorded In WHOM Records, Orange County Tom Daly, Clerk -Recorder lilt IIVII ICVIBIillllllllplllilplll IIIIIIII1IIll 33.00 2011000412591 11:25am 08122/11 00 401 D11 A36 7 0.00 0.00 0.00 0.00 10.00 0.00 0,00 0.00 144-331-n3 & 144-331-45 6FAUL AtJUVL M16 L1NC NUK 1thUVKUL. & 144-341-05 DEED OF TRUST WITH ASSIGNMENT OF RENTS AS ADDITIONAL SECURITY This DEED OF TRUST, is dated and shall be effective as of August 11, 2011, between: SADDLEBACK TURKEY RANCH, INC„ a California corporation, referred to herein as TRUSTOR, whose address is 920 S. Western Avenue, Anaheim, California, FIRST AMU' RICAN TITLE INSURANCE COMPANY, a California Corporation, herein called TRUSTEE, and SADDLEBACK TURKEY RANCH, INC., a California corporation, CHARLES E. & EVLYN L. YOUNG TRUST, MARY D. YOUNG TRUST, JIM C. & LADONNA J. FUDGE TRUST, DONALD G. & CAROL J. VILT TRUST, JOHN K. YOUNG and JENADA L. SANDLIN, collectively referred to herein as BENEFICIARY, Trustor irrevocably grants, transfers and assigns to Trustee in Trust, with mower of Sale, that property in the City of Anaheim, County of Orange, California, described as: That certain real property more fully and legally described on Exhibit "A" attached hereto and incorporated herein by this reference. Together with the rents, issues and profits thereof, subject, however, to the right, power and authority hereinafter given to and conferred upon Trustee to collect and apply such rents, issues and profits. For the Purpose of Securing (1) payment of the sum of Eight Hundred Thirty -Five Thousand Dollars and No/100 Cents ($835,000,00), with interest thereon according to the terms of a promissory note or notes of even date herewith made by Trustor, payable to order of Beneficiary, and extensions or renewals thereof; (2) the performance of each agreement of Trustor incorporated by reference or contained herein or reciting it is so secured; (3) Payment of additional sums and interest thereon which may hereafter be loaned to Trustor, or his successors or assigns, when evidenced by a promissory note or notes reciting that they are secured by this Deed of Trust. To protect the security of this Deed of Trust, and with respect to the property above described, Trustor expressly makes each and all of the agreements, and adopts and agrees to perform and be bound by each and all of the terms and provisions set forth in subdivision A of that certain Fictitious Deed of Trust referenced herein, and it is mutually agreed that all of the provisions set forth 'in subdivision B of that certain Fictitious Deed of Trust recorded in the book and page of Official Records in the office of the county recorder of the county where said property is located, noted below opposite the name of such county, namely: COUNTYBOOKPAGE Alameda 1288 556 Alpine 3130-31 COUNTYBOOKPAGE Kings 858 713 Lake 437 110 COUNTY BOOK PAGE Placer 1028 379 Plumes 166 1307 COUNTYBOOKPAGE Sierra 38 187 Siskiyou 506 762 21184M 2264B56.t 239 --- _-66A-242 ---._. Amador 133 438 Lassen 192 367 Riverside 3778 347 Solano 1287 621 Butte 1330 513 Los AngelesT-3878874 Sacramento71-10-26 615 Sonoma 2067 427 Calveras 185 338 Madera 911 136 San Benito 300 405 Stanislaus1970 56 Colusa 323 391 Marin 1849 122 San Bernardino6213768 Sutter 655 585 Contra Costa4684 I Mariposa 90 453 San FranciscoA-804 596 Tehama 457 183 Del Norte 101 549 Mendocino 667 99 San Joaquin 2855 283 Trinity 108 595 El Dorado 704 635 Merced 1660 753 San Luis Obispol311137 Tulare 2530 108 Fresno 5052 623 Modoc 191 93 San Mateo 4778 175 Tuolumne 177 160 Glenn 469 76 Mono 69 302 Santa Barbara2065 881 Ventura 2607 237 Humboldt 801 83 Monterey 357 239 Santa Clara 6626 664 Yolo 769 16 Imperial 1189 701 Napa 704 742 Santa Cruz 1638 607 Yuba 398 693 Inyo 165 672 Nevada 363 94 Shasta 800 633 Kern 3756 690 Orange 7182 18 San Diego Series 5 Book 1964, Page 149774 shall inure to and bind the parties hereto, with respect to the property above described. Said agreements, terms and provisions contained in said subdivisions A and B, (identical in all counties) are preprinted on the following pages hereof and are by the within reference thereto, incorporated herein and made a part of this Deed of Trust for all purposes as fully as if set forth at length herein, and Beneficiary may charge for a statement regarding the obligation secured hereby, provided the charge thereof does not exceed the maximum allowed by laws. The undersigned Trustor, requests that a copy of any notice of default and any notice of sale hereunder be mailed to him at his address hereinbefore set forth. STATE OF CALIFORNIA } ) ss. COUNTY OF ORANGE } On �'5 ' l�j A p I I before me, f a Notary Public, personally appears Cha }� Young, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal 5 Notary Publig _ Signature of Trustor SADDLEBACK TURKEY RANCH, INC., a California corporation By: / �z__ .Charles E. oung, is C.E.O. CNM�MM 11141M1 (This area for official notarial seal) ho - r1f11i11 ft" Po"f 2.1184M 2264956.1 GOVERNMENT CODE 27361.7 I CERTIFY UNDER THE PENALTY OF PERJURY THAT THE NOTARY SEAL ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED TO READS AS FOLLOWS: NAME OF NOTARY: COMMISSION NO.: DATE COMMISSION EXPIRES: MANUFACTURER/VENDOR NO.: COUNTY WHERE BOND IS FILED: KIMBERLY M. LIPSCOMB 1791028 FEB 10, 2012 NNA1 ORANGE PLACE OF EXECUTION: SANTA ANA, CA DATED: August 19, 2011 FIRST AMERICAN TITLE INSURANCE COMPANY BY: DO NOT RECORD The following is a copy of Subdivisions A and B of the fictitious Deed of Trust recorded in each County in California as stated in the foregoing Deed of Trust and incorporated by reference in said Deed of Trust as being a part thereof as if set forth at length therein. A. To protect the security of this Deed of Trust, Trustor agrees: (1) To keep said property in good condition and repair; not to remove or demolish any building thereon; to complete or restore promptly and in good and workmanlike manner any building which may be constructed, damaged or destroyed thereon and to pay when due all claims for labor performed and materials furnished therefore; to comply with all laws affecting said property or requiring any alterations or improvements to be made thereon; not to commit or permit waste thereof; not to commit, suffer, or permit any act upon said property in violation of law; to cultivate, irrigate, fertilize, fumigate, prune and do all other acts which from tine character or use of said property may be reasonably necessary, the specific enumerations herein not excluding the general- (2) To provide, maintain and deliver to Beneficiary fire insurance satisfactory to and with loss payable to Beneficiary. The amount collected under any fire or other insurance policy may be applied by Beneficiary upon any indebtedness secured hereby and in such order as Beneficiary may determine, or at option of Beneficiary the entire amount so collected or any part thereof may be released to Trustor. Such application or release shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (3) To appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorney's fees in a reasonable sum, in any action or proceeding in which Beneficiary or 'trustee may appear, and in any suit brought by Beneficiary to foreclose this Deed. (4) To pay: at least ten days before delinquency all taxes and assessments affecting said property, including assessments on appurtenant water stock; when due, all encumbrances, charges and liens, with interest, on said property or any part thereof, which appear to be prior or superior hereto; all costs, fees and expenses of this Trust. Should Truster fail to make any payment or to do any act as herein provided, then Beneficiary or "trustee, but without obligation so to do and without notice to or demand upon Trustor and without releasing Trustor from any obligation hereof, may, make or do the same in such manner and to such extent as either may deem necessary to protect the security hereof, Beneficiary or Trustee being authorized to enter upon said property for such purposes; appear in and defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee; pay, purchase, contest or compromise any encumbrance, charge, or lien which in the judgment of either appears to be prior or superior hereto; and, in exercising any such powers, pay necessary expenses, employ counsel and pay his or her reasonable fees, (5) To pay immediately and without demand all sums so expended by Beneficiary or Trustee, with interest from date of expenditure at the amount allowed by law in effect at the date hereof, and to pay for any statement provided for by law in effect at the date hereof regarding the obligation secured hereby, any amount demanded by the Beneficiary not to exceed the maeitnum allowed by law at the time when said statement is demanded. 2.11FAM 22b4956,1 242 65K 245 B. It is mutually agreed: (1) That any award of damages in connection with any condemnation for public use of or injury to said property or any part thereof is hereby assigned and shall be paid to Beneficiary who may apply or release such moneys received by him or her in the same manner and with the same effect as above provided for regarding disposition of proceeds of fire or other insurance. (2) That by accepting payment of any sum secured hereby after its due date, Beneficiary does not waive his or her right either to require prompt payment when due of all other sums so secured or to declare default for failure so to pay. (3) That at any time or from time to time, without liability therefore and without notice, upon written request of Beneficiary and presentation of this Deed and said note for endorsement, and without affecting the personal liability of any person for payment of the indebtedness secured hereby, Trustee may: reconvey any part of said property; consent to the making of any map or plat thereof; join in granting any easement thereon; or join in any extension agreement or any agreement subordinating the lien or charge hereof (4) That upon written request of Beneficiary stating that all sums secured hereby have been paid, and upon surrender of this Deed and said note to Trustee for cancellation and retention or other disposition as Trustee in its sole discretion may choose and upon payment of its fees, Trustee shall reconvey, without warranty, the property then held hereunder. The recitals in such reeoriveyance of any matters or facts shall be conclusive proof of the truthfulness thereof. The Grantee in such reconveyance may be described as "the person or persons legally entitled thereto." (5) That as additional security, Trustor hereby gives to and confers upon Beneficiary the right, power and authority, during the continuance of these Trusts, to collect the rents, issues and profits of said property, reserving unto Trustor the right, prior to any default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, to collect and retain such rents, issues and profits as they become due and payable. Upon any such default, Beneficiary may at any time without notice, either in person, by agent, or by a receiver to be appointed by a court, and without regard to the adequacy of any security for the indebtedness hereby secured, enter upon and take possession of said property or any part thereof, in his or her own name sue for or otherwise collect such rents, issues, and profits, including those past due and unpaid, and apply the same, less costs and expenses of operation and collection, including reasonable attorney's fees, upon any indebtedness secured hereby, and in such order as Beneficiary may determine. The entering upon and taking possession of said property , the collection of such rents, issues and profits and the application thereof as aforesaid, shall not cure or waive any default or notice of default hereunder or invalidate any act done pursuant to such notice. (6) That upon default by Trustor in payment of any indebtedness secured hereby or in performance of any agreement hereunder, Beneficiary may declare all sums secured hereby immediately due and payable by delivery to Trustee of written declaration of default and demand for sale and of written notice of default and of election to cause to be sold said property, which notice Trustee sball Cause to be filed for record. Beneficiary also shall deposit with Trustee this Deed, said note and all documents evidencing expenditures secured hereby, After the lapse of such time as may then be required by law following the recordation of said notice of default, and notice of sale having been given as then required by law, Trustee, without demand on Trustor, shall sell said property at the time and place fixed by it in said notice of sale, either as a whole or in separate parcels, and in such order as it may determine, at public auction to the highest bidder for cash in lawful money of the United States, payable at time of sale. Trustee may postpone sale of all or any portion of said property by public announcement at such time and place of sale, and from time to time thereafter may postpone such sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to such purchaser its deed 2.1164Nt 22619$6.1 0nl conveying the property so sold, but without any covenant or warranty, express or implied. The recitals in such deed of any matters or facts shall be conclusive proof of the truthfulness thereof. Any person, including Truster, Trustee, or Beneficiary as hereinafter defined, may purchase at such sale. After deducting all costs, fees and expenses of Trustee and of this Trust, including cost of evidence of title in connection with sale, Trustee shall apply the proceeds of sale to payment of; all sums expended under the terms hereof, not then repaid, with accrued interest at the amount allowed by law in effect at the date hereof; all other sums then secured hereby; and the remainder, if any, to the person or persons legally entitled thereto. (7) Beneficiary, or any successor in ownership of any indebtedness secured hereby, may from time to time, by instrument in writing, substitute a successor or successors to any Trustee named herein or acting hereunder, which instrument, executed by the Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where said property is situated, shall be conclusive proof of proper substitution of such successor Trustee or Trustees, who shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers and duties. Said instrument must contahr the name of the original Trustor, Trustee and Beneficiary hereunder, the book and page where this Deed is recorded and the name and address of the new Trustee. (8) That this Deed applies to, inures to the benefit of, and binds all parties hereto, their heirs, legatees, devisees, administrators, executors, successors, and assigns, The term Beneficiary shall mean the owner and holder, including pledges of the note secured hereby, whether or not named as Beneficiary herein. In this Deed, whenever the context so requires, the masculine gender includes the feminine and/or the neuter, and the singular number includes the plural. (9) The Trustee accepts this Trust when this Deed, duty executed and acknowledged, is made a public record as provided by law. Trustee is not obligated to notify any party hereto of pending sale under any other Deed of Trust or of any action or proceeding in which Trustor, Beneficiary or Trustee shall be a party unless broughtby Trustee. &QNMR—F—00--,R—,Q RE, QUEST FOR FULL RE, CONVEYANCE TO CHICAGO TITLE COMPANY The undersigned is the legal owner and holder of the note or notes and of all other indebtedness secured by the foregoing Deed of Trust. Said note or notes, together with all other indebtedness secured by said Deed of Trust, have been fully paid and satisfied; and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, to cancel said note or notes above mentioned, and all other evidence of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you under the same. Dated Please mail Deed of Trust, Note and Reconveyance to Do not lose or destroy this Dead of Trust OR THE NOTE which it secures. Both must be delivered to the Trustee for cancellation before reconveyance will be made. 2.1184M 2264956.1 7 Exhibit"A" Legal Description Real property in the City of Santa Ana, County of Orange, Stake of California, described as follows: PARCEL I: THAT PORTION OF THE EAST HALF OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION FIFTEEN, TOWNSHIP FIVE SOUTH, RANGE TEN WEST, IN THE RANCHO LAS SOLSAS AS SHOWN ON A MAP RECORDED IN BOOK 51, PAGE 12 OF MISCELLANEOUS MAPS, RECORDS Or ORANGE COUNTY, CALIFORNIA, DESCRIBED AS FOLLOWS: BEGINNING ATA POINT IN THE NORTHERLY LINE OF SAID SECTION FIFTEEN, SAID POINT BEING DISTANT 2324.30 FEET EASTERLY FROM THE NORTHWEST CORNER OF SAID SECTION FIFTEEN; THENCE SOUTH 0° 32' 3W EAST S23 FEET; THENCE SOUTH 210 07' 30" WEST 48S FEET; THENCE SOUTH 10 37' 30" EA5T 345.85 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE NORTH 890 37' 30" EAST 131 FEET`, MORE OR LESS, TO THE WESTERLY BOUNDARY LINE OF THE NEWBERT PROTECTION DISTRICT LAND; THENCE NORTHEASTERLY ALONG SAID WESTERLY BOUNDARY LINE OF THE NEWBERT PROTECTION DISTRICT LAND TO THE NORTHERLY LINE OF SAID SECTION FIFTEEN; THENCE SOUTH 890 37' 30" WEST ALONG THE NORTHERLY LINE OF SAID SEC -ON, 315 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. PARCEL 2: THAT PORTION OF THE NORTHEAST QUARTER OFTHE NORTHWEST QUARTER OF SECTION FIFTEEN, TOWNSHIP FIVE SOUTH, RANGE TEN WEST, S. B. B. & M., DESCRIBED AS FOLLOWS: BEGINNING AT POINT ON THE NORTHERLY LINE OF SAID SECTION FIFTEEN, DISTANT NORTH 890 37' 30" EAST 2324.30 FEET FROM THE NORTHWEST CORNER OF SAID SECTION, SAID POINT OF BEGINNING BEING THE NORTHWEST CORNER OF LAND DESCRIBED IN THE DEED TO GEORGE L. YOUNG, RECORDED APRIL 6TH, 1949 IN BOOK 1825, PAGE 468 OF OFFICIAL RECORDS; THENCE SOUTH 09 32' 30" EAST 523.00 FEET TO AN ANGLE POINT IN THE WESTERLY LINE OF SAID LAND OF YOUNG; THENCE SOUTH 216 07' 30" WEST 485.00 MET; THENCE SOUTH 19 37' 30" EAST 345.85 FEET TO THE SOUTHERLY LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER; THENCE WESTERLY ALONG SAID SOUTHERLY LINE TO THE SOUTHWEST CORNER OF LAND DESCRIBED AS PARCEL I IN THE DEED TO SAMUEL THOMPSON MCNEAL AND WIFE, RECORDED APRIL 13TH, 1944IN BOOK 1251, PAGE 51 OF OFFICIAL RECORDS; THENCE NORTHERLY TO THE NORTHWEST CORNER OF SAID LAND OF MCNEAL, BEING A POINT ON THE NORTHERLY LINE OF SAID SEGTiON FIFTEEN; THENCE NORTH 890 37' 30" EAST 345.00 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE NORTHERLY 660.00 FEET. APN; 144-331.03 and 144-331.45 and 144.34105 EX)RIBIT A 245 _....__ ... 65A-248 507 S. Euclid St. 246 65A-249 Mobile Home Park Windshield Inspection ADDRESS: 507 S. Euclid St. AP # 890-771-55 AP# 108-090-41 OWNER OF RECORD: The Sepe Family Partnership, as lessee. STATEMENT OF CONDITIONS The mobile home park aesthetics is excellent from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. From the inspection, most mobile units (exterior) looked excellent conditions. Rated: 5 247 65A-250 Santa Ana Code Enforcement Division Mobile Home Park Home Inspection Checklist Address:5O7 S. Euclid St. Date:4-19-19 ■ 1 Front Landscape Deck, Porch, patio Trash cans Driveway Storage in front House number Outdoor lights (Wood Surfaces) Paint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked Are things loose, cracked, damaged, rotted, bug infest, Notes: Well maintained mobile home park. 3 5 1 3 5 x (Wood surfaces) Paint and trim x x - Maintenance x x Pool area x x t x Notes: x x x x x 1 3 5 x Laundry Room x x Park x x Coach/Trailer/Home x x x x x Notes: 65A8251 RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: Menachem Schilit, Esq. Berkovitz & Schilit 16830 Ventura Blvd., #500 Encino, California 91436 Recorded In Official Records, Orange County Tom Daly, Clerk -Recorder R811111111111811NI RIOdIlf Ri@HINIHII1111 15.00 2004000996149 04:25pm 11/04/04 121 4 A34 4 0.00 0.00. 0.00 0.00 %00 0.00 0.00 0.00 SPACE ABOVE THIS LINE FOR RECORDER'S USE ASSIGNM NT } RC ROUT�17 EAS toVa!^� cr THIS AGREEMENT is dated A>rWAM&, 2004, by and between the SEPE FAMILY PARTNERSHIP, a General Partnership ("Assignor"), and SANDALWOOD MOBILE ROME PARK, LLC, a California Limited liability company ("Assignee"). l RECITALS Je A. Irene Chandler Turner, as Lessor, and New Hampshire Mortgage Co., Inc., as Lessee, entered into a Ground Lease on or about July 1, 1969 ("Ground Lease,'). By the terms of the Ground Lease, the Lessor leased to Lessee certain real property located in the City of Santa Ana, County of Orange, State of California, more particularly described an Exhibit "A" attached hereto and made a part hereof. B. A "Memorandum of Lease" was recorded August 12, 1983, as Instrument Number 83-351667, in the official Records of the Orange County Recorder, wherein Mary Turner Vaughn (as Trustee of the "Mary Turner Vaughn Trust") and Jane Turner Wissler (as Trustee of the "Jane Turner Wissler Trust"), collectively, are named as the Lessor, and the Sepe Family Partnership is named as the Lessee. C. he 'Sepe Famil"y Partnership. ,,as La,§sdv, now .desires to assign all of 'its rigF"t, ciEl'e and -tilt ekes t- i the Ground Lease to Assignee, and Assignee desires to accept the assignment. NOW, THEREFORE, Assignor and Assignee agree as follows: ASSIGNMENT For value received, receipt of which is acknowledged, and the agreement of Assignee, set forth below, Assignor assigns and transfers to Assignee all of Assignor's right, title, and interest in and to the Ground Lease, and Assignee agrees to and does accept the assignment. Assignee expressly assumes and agrees to keep, perform, and fulfill all the terms, covenants, conditions, and obligations required to be kept, performed, and fulfilled by Assignor as Lessee under the Ground Lease, including the making of [SANDALND.ASH] ` 249 65A-252 all payments due to or payable on behalf of Lessor under the Ground Lease when due and payable. Executed at California, on the day and year first above written. ASSIGNOR: SEPE FAMILY PARTNERSHIP a general partnership By: ANTHONY Y..CZWPE By: rC ALBERT J EP '— ASSIGNEE: SANDALWOOD MOBILE HOME PARK, LLC, a California limited liability company BY c ��.�✓, � y.e.. ALBERT J..'SEP , Manager ACKNOWLEDGEMENTS STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) on ( 0�'7 2004, before me, '-k.V(C& L. i§ the undersigned Notary Public, personally appeared ALBERT J. SEPE, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the persons or the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official JOYCE L. ISENBERG Commission N 1282704 Notary Public - Coiifornlo Los Angeles County My Comm. Expires Nov 29, 2(04 [SANDALW .ASN] 65d- 253 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) On s llLY q�_ 2004, before me, , 6VC6 L the undersigned Notary Public, personally appeared ANTHONX J. SEPE, personally known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the persons or the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official JOYCE L. ISENBERG Commission # 1282704 Notary Public- Call(orrlio Los Angeles County My Comm. Explres Nov 29, 2081 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) �2 d dti1�+1rs� r On 2004, before me, T6WE L. �; � , the undersigned Notary Pubic, personally appeared IRENE SEPE BYRNE, personally known to me, or proved to me. onthe basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument, the persons or the entity upon behalf of which the person acted executed the instrument. WITNESS my hand and official seal. NONARV PUBLIC JOYCE L ISENBERG Commission 8 1282704 Notary PUblIC - COWOMIO Los Angeles County My Comm. Expires Nov 29 �r ESANDALWD.ASNI 251 65A-254 EXHIBIT "A" All that certain real property situated in the County of Orange, State of California., described as follows: PARCEL 1: The West half of the South half of the East half of the Northwest quarter of the Northwest quarter of Section 16, Township 5 South, Range 10 West, in the Rancho Las Bolsas, City of Santa Ana, County of Orange, state of California, as shown on a map thereof recorded in Book 51, Page 12 of Miscellaneous Maps, records of said Orange County, PARCEL 2: The South 5 acres of the West half of the Northwest quarter of the Northwest quarter of Section 16, Township 5 South, Range 10 West, in the Rancho las Bolsas, City of Santa Ana, County of Orange, State of California, as shown on a map thereof recorded in Book 51, Page 12 of Miscellaneous Maps, records of said Orange County. PARCEL 3: All that portion of the Southwest quarter of the Northwest quarter of Section 16, Township 5 South, Range 10 West, in the Rancho Las Bolsas, City of Santa Ana, County of Orange, State of California, as shown on a map thereof recorded in Book 51, Page 12, of Miscellaneous Maps, records of said Orange County, described as follows: Commencing at the Southwest corner of the Southwest quarter of the Northwest quarter of said Section 16, and running thence Northerly, along the West line of said Southwest quarter, 660.31 feet to the Northwest Corner of Tract No. 5530, as shown on a map thereof recorded in Book 195, Page 29 of Miscellaneous Maps, records of said Orange County, said point also being the true point of beginning of the land herein described; running thence Northerly, along said West line, 528 feet more or less, to the North line of said Southwest quarter; thence Easterly, along said North line, to the westerly line of the 70-foot strip of land conveyed to the Orange County Flood Control District by Deed recorded January 23, 1961, in Book 5599, Page 587, of Official Records; thence Southwesterly, along said Westerly line, to an intersection with the East line of said Tract No, 5530; thence Northerly along said East line, 5.47 feet to the North line of said Tract No. 5530, thence Westerly along said North line 660.39 feet to the true point of beginning. APN: 10B-090-41 CSAN0AU0.ASNI 65k 255 i KITIM on My • • •' 65,45 56 Mobile Home Park Windshield Inspection ADDRESS: 1201 S. Harbor Blvd. AP # 144-261-33 OWNER OF RECORD: Mary Terrance Sullivan, Mary K. Sullivan STATEMENT OF CONDITIONS The mobile home park aesthetics is excellent from public view. Landscape areas inside the park are well kept. The roadways throughout the park had no potholes. Some Coaches were missing numbers in front of units. From the inspection, most mobile units (exterior) looked excellent conditions. Rated: 5 65A-257 Santa Ana Code Enforcement Division Mobile Nome Park Home Inspection Checklist Address:304 Pebble Dr. CORRECTION: 1201 S. Harbor Blvd Date: 4-19-19 Front Landscape Deck, porch, patio Trash cans Driveway Storage in front Mouse number Outdoor lights (Wood Surfaces) Faint and trim Siding (brick/stone/cement) Broken windows Fences in disrepair Shed exceeding 120 sq feet Inoperative vehicle Commercial vehicles Condition of asphalt (pot holes) Sidewalks Parking stalls marked Notes: 1 3 5 1 3 $ x (Wood surfaces) Paint and trim x x Maintenance x x Pool area x x x Notes: x x x x x 1 3 5 x Laundry Room _ x x Park x x Coach/Trailer/Home x x x x x )ug infested? " Notes: 65A5158 RECORDING REQUESTED BY: Mary Katherine Sullivan WHEN RECORDED MAIL TO: Mary Katherine Sullivan 29691 Windwood Circle Temecula, CA 92591 Order No.: Recorded in Official Records, Orange County Hugh Nguyen, Clerk -Recorder * i R D D D 7 9 3 6 4 8 7 s 2015000568392 2:41 pm 11/02/15 106415 D10 F13 2 0.00 0.00 0.00 0.00 3.00 0.00 0.00 0.00 TRUST TRANSFER DEED THE UNDERSIGNED GRANTORS) DECLARE(S): DOCUMENTARY TRANSFER TAX IS $.0- This conveyance Is a transfer from a revocable trust by reason of the death of the Grantors, not pursuant to a sale and therefore exempt per R & T Code 11930 For valuable consideration, receipt of which is hereby acknowledged, MARY KATHERINE SULLIVAN, Trustee of the Haupert Family 1987 Trust, dated December 14,1987 hereby TRANSFERS AND CONVEYS TO JOHN TERRANCE SULLIVAN and MARY KATHERINE SULLIVAN, trustees of the Sullivan Family Trust, established May 16, 2002 the real property situated in the County of Orange, State of California described as: SEE, EXHIBIT Dated: / e 4 11 or other In A, attached'and incorporated by reference MARY ERINE SULLIVAN, trustee of the HAU RT FAMILY TRUST, dtd 12/14/1987 and verifies of the individual who signed the STATE OF CALIFORNIA ) )SS' COUNTY OF ORANGE ) On OCA. 3D ,' 4 —beforeme, YVj u y1 I n ! l/_ Notary public, personally appeared Mary Katherine Sullivan, who proved to me on the basis of satisfactory a to be the person(s) whose name(s) is/ere subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ,yam c a ------------- fT MAIL TAX STA ry EXHIBIT "A" Beginning at the Northwest corner of the Southeast quartat of the Southwest quarter Of Section 15, Township 5 South, Range 10 West, S.B.E. & M.; thence South along the West boundary line of the property of the City of Santa Ana, 1320 feet, more or less, to the southwest corner of said southeast quarter of the Southwest quarter of Section 15; thence continuing South along the West line of the Northeast quarter of the Northwest quarter of Section 22, T(X+nship 5 South, Range 10 ttest, S.B.B. & Id., a distanco of 960 feet, more or less, to an intersection with h)osterly boundary line of the Newbert protection District right of way easement for the Santa Ana River; thence Northeasterly along said.11asterly boundary line of the said bGrt intersection withpthe ®North linection r ofteasement an the Southeast quarter of the Southwest quarter of said Section 15; thenopromises is knowntgenerallyline to tas 1pointhe O08South of beginning, Laurel said Street and comprises fifteen and eleven one -hundredths j15.11) acres. An theesouthn15for feetloftthepSouthehalf ofrthete road or and Northwest quarterof the Southweae quarter and of the South half of the West 10 acres Towthe nship Northeast quaagerl0fthe NesC,SBB Southwest quarter of Section 15, 65A2 i60 � •M \t 0!,- voet 01 When Recorded, Please Return to: IRELL a MANELLA (MG) 1800 Avenue of the Stars Suite 900 Los Angeles, CA 90067 •air �: u: 112 22 pM A-9189 077 8 4. mtdootrawDommy Stoneridge Mobile Home Park t C14 IAPN: 144-261-33 Santa Ana, California 144-261-40 For Value Received, the undersigned hereby grants, assigns and transfers to STONERIDGS MOBILE HOME PARK, a California Limited Partnership, all right, title and interest of Lessee in and under that certain Lease dated April 6, 1965, by and between BERNARD J. HAUPERT and ANGOLA A. HAUPERT, as Lessors, and JOSEPH ASANDONATO and GAETANO ASANDONATO, as Les- soes, which Lease was recorded on April 20, 1965, as Document No. 16172, in Book 7489, Pages 580 through 595, inclusive, of Officia. Records in the County Recorder's office of Orange NCounty, California. dw. L+�,+. Y's- 2... tiu...• ;n S.•..-!'7.... 4 �t.-. DATED: September , 1988 ABSIGN0RS2 _jAe 4 JOSSEPFt B. LAWRENCE, aS Trustee of the Joseph B. Lawrence Trust dated August 19, 1980, as to an undivided eighty-nine percent interest therein STRN056H8.6 {fin Y VALERIE C. LAWRENCE, as to an undivided ten percent interest therein STONE�jRIDGS PROPERTIES, INC. JOSEPH B. LAWRENCE, President, as to an undivided one percent Interest therein 65A8261 MI O973 NOTE: No documentary transfer tax is due since the Grantors and Grantees in this conveyance are comprised of the same par- ties who continue to hold the same proportionate interests in the property, R&T 11923(d). STATE OF CALIFORNIA ) ) as. COUNTY OF LOS ANGELES) On September 7 1988, before me, a Notary public in and for the State of California, with principal office in Los Angeles County, personally appeared JOSEPB B. LAWRENCE, per- sonally known to me (or proved to me on the basis of satisfac- tory evidence) to be the person who executed the within instrument as Trustee, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. NOT FUBLE STATE OF CALIFORNIA ) ) as. COUNTY OF LOS ANGELES) On September 2, 1988, before me, a Notary Public in and for the State of California, with principal office in Los Angeles County, personally appeared VALERIE C. LAWRENCE, per- sonally known to me (or proved to me on the basis of satisfac- tory evidence) to be the person who executed the within instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above vritten. RLM ftCµ, NOTARY PUBLY Kswgow+oa,x.wi —2- 65A2162 STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES) On September 2. 1988, before me, a Notary Public in and for the State of California, with principal office in Los Angeles County, personally appeared JOSEPH S. LAWRENCE, per- sonally known to me for proved to me on the basis of satisfac- tory evidence) to be the President of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corpora- tion therein named, and acknowledged to me that such corpora- tion executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. arcanwrvc vysawA ,m.w„cawum. NOTARY PUBLiC W�ma�wwn.rev, ACCEPTANCE AND ACRE +L OF ASSIGNMENT OF LEASE The undersigned Assignee named in the foregoing Assign- ment of Lease hereby accepts said assignment, and hereby agrees to keep, perform and be bound by all of the covenants, conditions, agreements, provisions and restrictions contained in said Lease on the part of the Lessees therein to be kept and performed to all intents and purposes as though the under- signed Assignee was -the original Lessee thereunder. DATED: September % , 1988 ,ASSIGNEE: ST014BRIDGE MOBILE HOME PARK, a California Limited Partnership By. STONERIDGE PROPERTIES, INC., General Partner By �J SEPH B. LAWRENCE,� President -3- 26 0 •_I n STATE OF CALIFORNIA ) ) as. COUNTY OF LOS ANGELES) On September % , 1988, before me, a Notary Public in and for the State of California, with principal office in Los Angeles County, personally appeared JOSEPH B. LAWMCE, per- sonally known to me (or proved to me on the basis of saeisfac- tory evidence) to be the President of the corporation that executed the within instrument, known to me to be the person who executed the within instrument on behalf of the corpora- tion therein named on behalf of the limited partnership therein named, and acknowledged to me that such corporation, as general partner, executed the within instrument pursuant to its bylaws or a resolution of its Board of Directors. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day and year first above written. Gl'yl0.r S WW* NOTARYUBLIC�•r-.eowoar.ron CONSENT TO ASSIGNMENT OF LEASE The undersigned Lessors, named in the Lease referred to in the foregoing Assignment of Lease, hereby consent to said assignment, without, however, waiving the restrictions of said Lease with respect to future assignments thereunder, and hereby release the Assignorso JOSEPH B. LAWRENCE, as Trustee of the Joseph S. Lawrence Trust dated August 19, 1980, as to an undivided eighty-nine percent interest in said Lease; vALERIE c. LAWRENCE, as to an undivided ten percent interest in said Lease; and STONERIDGE PROPERTIES, INC., a California corporation, as to an undivided one percent interest in said Lease from any and all future obligations thereunder and hereby accept the Assignees STONERIDGE MOBILE HOME PARK, a California Limited Partnership -4- 261 65A-264 ss�o s 09T3 as Lessee under said Lease, to all intents and purposes as though said Assignee were the original Lessee thereunder. DATED. Y. 1988 LESSORSs i PEE/AT C..Gacaelas/i' Mrj7A A. HAUPERT✓' STATE OF CALIFORNIA ) as. COUNTY OF D on aziwre .v , 1986, before me, a Notary Public in and f 9.r the S ate of California, with principal office in County, personally appeared BERNARD J. HAUPERT an8 GSLA A. HAUPERT, known to me (or proved to me on the basis of setisfaltcry evi ence) to be the persons who executed the within instrument as Lessors, and acknowledged to me that they executed the some. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the da and year first above written. e. a. 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NS-XXXX AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA ADOPTING A 45-DAY TEMPORARY MORATORIUM ON MOBILE HOME SPACE RENTAL RATE INCREASES THAT EXCEED THREE PERCENT (3%) ANNUALLY, OR THE CHANGE IN CONSUMER PRICE INDEX, WHICHEVER IS GREATER, WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF FOLLOWS: Section 1. The City Council of declares as follows: A. At the City Council meeting on April 16, 20 of Santa Ana's ("Santa Ana" or "City") abil home parks. B. During said City Council meeting, several m comments regarding pending rent increases in Ic including residents from the Bali HVMobile Home Mobile Home Park ("Kona Kai,,") as well i Manufactured Housing Educations! Trust Manufactured Housing Communities Association DOES ORDAIN AS ines and )uncil discussed the City rent increases in mobile Hers' of the public made � Ana mobile home parks, ge ("Bali Hi") and Kona Kai representatives from the ET") and the Western 1A"). C. According to documents presented at `the City Council meeting by MHET, the proposed monthly space rent increases at Bali Hi range from approximately 4.2% to over 34.5%, while Kona Kai proposed a 6% monthly space rent increase. D. On<April 30, 2019, the City met with representatives from MHET, WMA, and Bali Hi to discuss the rent`increases and request that the owners withdraw the notices of proposed rent increases in order to provide time for the City and affected parties to study the pertinent issues. E. The proposed-, rent increases at Bali Hi and Kona Kai demonstrate the situation faced by many of the residents who reside at mobile home parks in Santa Ana, a significant number of whom are elderly, live on fixed incomes, and cannot afford significant increases in rent. F. There are approximately 29 mobile home parks in Santa Ana, a substantial number of which serve as the primary residences of senior citizens on fixed incomes and/or low and moderate income households. 267 65A-270 G. Many residents of mobile home parks could become homeless if mobile home park owners were to impose significant rent increases. H. Increasing the number of homeless residents in Santa Ana, particularly elderly residents who may be in need of medical or other care, could create a public health and safety risk. I. The economic conditions and recognized housing shortage in Southern California has the potential to detrimentally impact a substantial number of mobile home residents in Santa Ana, and impose a particular hardship on senior citizens, persons living on fixed incomes, and other Vulnerable persons living in mobile home parks in Santa Ana. J. Santa Ana is working diligently to care for and assist its homeless population, and has opened and funded its own homeless shelter in the past several months to meet the needs of its homeless residents. K. The Mobilehome Residency Law ("MRL"), California Civil Code sections 798, et seq., expressly authorizes cities to regulate the setting and/or increasing of rents for the use and occupancy of a mobile home space, subject to certain exceptions. L. Santa Ana Municipal Code ("SAMC"), Chapter 41, Article X, establishes standards for the development of mobile home parks as a type of multiple -family residential development, and provides for the establishment of said development in areas throughout the City that will ensure their compatibility with other permitted uses in the district, consistent with the Housing Element of the City's General Plan. M. The City has not previously regulated the setting and increasing of rents for mobile home spaces. However, given the concerns discussed herein, the City Council desires to evaluate rent stabilization policies protecting mobile home residents from unreasonable' rent adjustments, while ensuring that the owners of mobile home parks may earn a fair and reasonable return on their property. N. With the lack of current local regulation, some owners of mobile home parks in the City may seek to significantly increase existing rents, which rent increases could exacerbate the current housing and economic conditions and impose a hardship on individual mobile home residents, many of whom are elderly and/or living on low or moderate incomes. O. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents. 65A8271 P. Based on the foregoing facts, and the facts presented to the City Council at the meeting at which this ordinance was introduced and adopted, the City Council finds that allowing owners of mobile home parks to have unfettered discretion to increase rents prior to the City's completion of a study of the legality, feasibility, impacts and regulation of mobile home rent increases in an effort to avoid displacing large numbers of elderly Santa Ana residents, would pose a current and immediate threat to the public health, safety or welfare, and that a temporary prohibition of mobile home rent increases, except as allowed herein, is therefore necessary. Q. California Government Code sections 36937(b) and_65858(a), and Santa Ana Charter section 415, allow the City to adopt effective immediately as an urgency measure this interim ordinance for the immediate preservation of the public peace, health, safety and welfare. The facts,00rfstitnting the urgency are: 1. Housing costs continue to escalate ;in Orange County, and mobile home parks serve as an important affordable housing option for Banta Ana residents; 2. Since a mobile home is ,affixed to the property on which it resides, it is generally not cost effective to move it, resulting in the owner losing the mobile home if he or she cannot pay the rent -imposed by the landlord; 3. Significant mobile home space eent.increases have been proposed in at least two (2) mobile home, parks in Santa Ana, and such increases threaten the economic and social stability of th'd City's elderly and low income residents; 4. Absent the adoption of this ordinand'e;`as a result of the economic conditions and recognized housing shortage"in Southern California, significant rent increases will impact- a substantial number of mobile home residents in Santa ,'Ana and constitute a, %threat to public health, safety and welfare, and a particular hardship for.sen!6r citizens, persons living on fixed incomes, and other vulnerable persons.lfving in mobile home parks in Santa Ana; and, 5. Certain aspects of public health, safety and welfare are not adequately protected due to the lack of mobile home space rent stabilization mechanics or controls in Santa Ana, and it is the interest of the City, the owners and residents of mobile home parks and the community as a whole that the City undertake' a comprehensive study to consider regulations to protect affordable housing with the City, including, but not limited to, rent stabilization regulations applicable to mobile homes. R. The proposed interim urgency ordinance would put in place a forty-five (45) day moratorium on any adjustment of mobile home space rent in Santa Ana in excess of three percent (3%), or the change in the Consumer Price Index, 269 65A-272 whichever is greater, while the City researches and evaluates mobile home rent stabilization policies. S. The Request for Council Action for this ordinance dated May 21, 2019, shall be incorporated herein by this reference, and together with this ordinance, any amendments or supplements, and oral testimony, shall constitute the necessary findings for this ordinance. T. The City Council finds, determines and declares that the current and immediate threat to the public health, safety and welfare of the City and its citizens necessitates the immediate enactment of the ordinance. The facts constituting such urgency are set forth in this Section 1, paragraphs A-Q, of this ordinance. Section 2. The recitals and statements of fact set forth in the preamble to this ordinance are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference. Section 3. Based on those facts, the City Council finds, determines and declares that this ordinance is necessary as an emergency measure for the immediate preservation of the public peace, health, or safety pursuant to, and as authorized by, California Government Code sections;36937(b) and 65858(a), and Santa Ana Charter section 415. Any ordinance declared, by the _City Council to be necessary as an emergency measure for preserving the public peace, health and safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least four -fifths (4/5) vote of the City Council members. Accordingly, this ordinance shall become effective immediately upon adoption. Section 4. In accordance with the authority granted to the City by California Government Code section 65858 and Santa Ana Charter section 415, and for the reasons set forth herein above, commencing as of the effective date of this ordinance and continuing thereafter for a period of forty-five (45) days, up to and including July 5, 2019, increases in rent on mobile home spaces in the City of Santa Ana in excess of three percent, (3%), or the change in the Consumer Price Index, whichever is greater, and more than one rent increase in any twelve (12) month period, are prohibited, unless expressly exempt under the MRL codified in California Civil Code sections 798, et seq. The term Consumer Price Index means, at the time of the adjustment calculation, the percentage increase in the United State Consumer Price Index for all Urban Consumers in the Los Angeles -Long Beach -Anaheim Metropolitan Area published by the Bureau of Labor Statistics, not seasonally adjusted, for the most recent twelve (12) month period ending prior to the proposed rent increase/adjustment. Section 5. This ordinance allows for an annual adjustment of mobile home space rent of up to three percent (3%), or the change in the Consumer Price Index, whichever is greater. A Consumer Price Index -based increase is found and determined to provide a just and reasonable return on a mobile home park owner's property, and 270 65A-273 has been adopted to encourage good management, reward efficiency and discourage the flight of capital, as well as to be commensurate with returns on comparable investments, but not so high as to defeat the purpose of curtailing excessive mobile home space rents and rental increases. Notwithstanding the foregoing, however, any owner of a mobile home park who contends that the limit on mobile home space rental increases set forth in Section 4 above will prevent the owner from receiving a fair and reasonable return on his/her/its property, may petition for relief from the cap set forth in section 4 pursuant to the procedures set forth in section 6. Section 6. A mobile home park owner may excess of that provided in section 4 in order to obtain his/her/its property. Such petition shall be on an applic Manager and shall be decided by the City Managei Manager"). The applicant shall bear the burden of es excess of that provided in section 4 is necessary to pro reasonable return on his/her/its property, ,including financial report and verified financial data demonstratir he/she/it will not realize a fair and reasonable return on tiotf for -a rent increase in ir'and reasonable return on form prescribed by the City his ',or her designee ("City thing that;;a rate increase in the applicant with a fair and providing an Jndependent t without such an increase, Upon receipt of a fair return petition/application, the City Manager shall determine if the employment of expert(s) will be necessary or appropriate for a ,proper analysis of the applicant's request. If the City Manager so determines, he or she shall also determine the anticipated costs of employing sUch expgrt(s)., The resulting figure shall be communicated to the applicant, and the application shalt not be processed until the applicant has paid to the City, the estima ed'cost of the expert analysis. Any unused portion of the advance payment for expert analysis shall be refunded to the applicant. The factors the City Manager may consider in deciding a fair return petition/application may include, but not be limited to: (1)Changes in,,the Consumer Price Index for All Urban Consumers in the Los Angeles-Lorfg Bea©h-Anaheim Metropolitan Area published by the Bureau of Labor Statistics. ,r ' (2) The rent lawfully charged for comparable mobile home spaces in the City. (3) The length of time since the last determination by the City Manager on a rent increase application, or the last rent increase if no previous rent increase application has been made. (4) The completion of any capital improvements or rehabilitation work related to the mobile home space or spaces specified in the rent increase application, and the cost thereof, including materials, labor, construction interest, permit fees and other items the City Manager deems appropriate. 271 65A-274 (5) Changes in property taxes or other taxes related to the subject mobile home park. (6) Changes in the rent paid by the applicant for the lease of the land on which the subject mobile home park is located. (7) Changes in the utility charges for the subject mobile home park paid by the applicant, and the extent, if any, of reimbursement from the tenants. (8) Changes in reasonable operating and maintenance expenses. (9) The need for repairs caused by circumstances other than ordinary wear and tear. (10) The amount and quality of services provided by the ,applicant to the affected tenant(s). (11) Any existing written lease lawfully entered <into 'between the applicant and the affected tenant(s). An application for a fair return adjustment shall be decided by the City Manager within sixty (60) calendar days of the date that the application has been deemed complete. The decision shall be emailed and sent by mail, with proof of mailing to the mobile home park owner, the park owner's designated representative(s) for the petition, and a designated representative of the residents. Any appeal of the City Manager decision on an application for a fair return adjustment shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of the SAMC. Section 7. Pursuant to the 'MRL, the provisions of this interim ordinance regulating the amount of rent that a mobile home park owner may charge for a mobile home space shall not apply to the following: any mobile home space subject to a long term (more than one year) rental agreement (California Civil Code section 798.17); any newly constructed mobile home space first offered for rent on or after January 1, 1990 (California Civil Code section 798.45); and, mobile homes not being used as a person's primary residence that are not being leased to someone else (California Civil Code section 798.21) Section 8. This ordinance shall have no further force and effect forty-five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by four -fifths (4/5) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days. Subsequently, after public hearing, the City Council members, by four -fifths (4/5) vote, may then extend this ordinance one additional year. Section 9. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in SAMC section 1-8. 272 65A-275 Section 10, The City Council finds that this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change in the environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in section 15378 of the State CEQA Guidelines. Section 11. If any section, subsection, phrase, or cause -of this ordinance is for any reason held to be unconstitutional, such decision shall not, affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, ..phrase or clause thereof irrespective of the fact that any one or more sections, 'subsections%] phrases, or clauses be declared invalid or unconstitutional. Section 12. The Clerk of the Council 'shall certify to the ad6ptiop of this ordinance and cause the same to be published in manner prescribed by law. Section 13. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The Citv Council finds that this ordinance is necessary to protect the public.safety, health a the emergency are set forth in Section 1, paragraphs A-Q, it ire. The reasons for of this ordinance. 273 65A-276 ADOPTED this _ day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: 2019. Miguel A. Pulido Mayor 274 65A-277 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting 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 2019. Date: Clerk of the Council f. . City of Santa Ana 275 65A-278 ROH - 05.21.19 ORDINANCE NO. NS-XXXX AN ORDINANCE OF THE CITY OF SANTA ANA ADOPTING A RESTRICTION ON MOBILE HOME SPACE RENTAL RATE INCREASES THAT EXCEED THREE PERCENT (3%) ANNUALLY, OR THE CHANGE IN CONSUMER PRICE INDEX, WHICHEVER IS GREATER, WITHIN THE CITY THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa. Ana hereby finds, determines and declares as follows: A. At the City Council meeting on April 16, 2019, the City, Council discussed the City of Santa Ana's ("Santa Ana" or "City") ability to address rent increases in mobile home parks. B. During said City Council meeting, several members of the public made comments regarding pending rent increases in Santa Ana mobile home parks, including residents from the Bali Hi Mobile Home Lodge ("Bali Hi") and Kona Kai Mobile Home Park ('Kona Kai"), as well as representatives from the Manufactured Housing; Educational Trust ("MHET") and the Western ManufacturedHousing Communities Association ("WMA"). C. According to documents presented at the City Council meeting by MHET, the proposed monthly space rent increases at Bali Hi range from approximately 4.2% to over 34.5%, while Korea Kai proposed a 6% monthly space rent increase. D. On April 30, 2019, the City met with representatives from MHET, WMA, and Bali Hi to discuss the rent increases and request that the owners withdraw the notices of proposed rent increases in order to provide time for the City and affected parties to study the pertinent issues. E. The proposed rent increases at Bali Hi and Kona Kai demonstrate the situation faced by many of the residents who reside at mobile home parks in Santa Ana, a significant number of whom are elderly, live on fixed incomes, and cannot afford significant increases in rent. F. There are approximately 29 mobile home parks in Santa Ana, a substantial number of which serve as the primary residences of senior citizens on fixed incomes and/or low and moderate income households. Ordinance No. NS - Page 1 of 8 65X 279 G. Many residents of mobile home parks could become homeless if mobile home park owners were to impose significant rent increases. H. Increasing the number of homeless residents in Santa Ana, particularly elderly residents who may be in need of medical or other care, could create a public health and safety risk. I. The economic conditions and recognized housing shortage in Southern California has the potential to detrimentally impact a ;substantial number of mobile home residents in Santa Ana, and impose a particitlar„,hardship on senior citizens, persons living on fixed incomes, and other vulnerable persons living in mobile home parks in Santa Ana. J. Santa Ana is working diligently to care for, and,, assist its homeless population, and has opened and funded its own homeless shelter in the past'several months to meet the needs of its homeless residents. K. The Mobilehome Residency Law ("MRL"), California Civil Code sections 798, et seq., expressly authorizes cities to regulate the setting and/or increasing of rents for the use and occupancy, of a mobile home, space, subject to certain exceptions. L. Santa Ana Municipal Code ("SA standards for the development of rr1i residential developmenk,,and provide in areas throughout" tree, City that permitted uses in the district, consh General Plan. Chapter 40, Article X, establishes come (larks as a type of multiple -family the establishment of said development ensure their compatibility with other yith the Housing Element of the City's M. The City has not previously regulated the setting and increasing of rents for mobile home spaces. N. With the lack of current local regulation, some owners of mobile home parks in the 'City,may seek'�to! significantly increase existing rents, which rent increases could exacerbate the current housing and economic conditions and impose a hardship on ,individual mobile home residents, many of whom are elderly and/or living on low or moderate incomes. O. Pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200, the Santa Ana City Council has the authority to enact and enforce ordinances and regulations for the public peace, health and welfare of the City and its residents. P. Based on the foregoing facts, and the facts presented to the City Council at the meetings at which this ordinance was introduced and adopted, the City Council finds that, based on the unique characteristics of mobile home tenancies, and the Ordinance No. NS - _ Page 2 of 8 277 65A-280 need to provide protection for tenants against actual or constructive eviction as a result of the high cost of moving and installing mobile homes, allowing owners of mobile home parks to impose unrestricted rent increases could displace a large number of elderly, fixed -income, or low and moderate -income Santa Ana residents. Q. Accordingly, the proposed ordinance addresses the preservation of the public peace, health, safety and welfare based on the Following facts: 1. Housing costs continue to escalate in Orange County, and mobile home parks serve as an important affordable housing option for Santa Ana residents; 2. Since a mobile home is affixed to the property on which it resides, it is generally not cost effective to move it, resulting in the owner losing the mobile home if he or she cannot pay the rent imposed .by the landlord; 3. Significant mobile home space rent increases have been proposed in at least two (2) mobile home parks in Santa Ana, and such increases threaten the economic and social stability of the City's elderly and low income residents; 4. Absent the adoption of this ordinance,, as a result of the economic conditions and recognized housing shortage in Southern California, significant rent increases will impact a substantial number of mobile home residents in Santa Ana and constitute >a threat to public health, safety and welfare, and a particular hardship for, senior citizens, persons living on fixed incomes, and other vulnerable persons living in mobile, home parks in Santa Ana; and, 5. Certain aspects of public health, safety and welfare are not adequately protected due to the lack ofmobile home space rent stabilization mechanics or controls in Santa Ana. R. The proposed ordinance would put in place a restriction on any adjustment of mobile home space rent in Santa Ana in excess of three percent (3%), or the change in the Consumer Price Index, whichever is greater. S. The Request for Council Action for this ordinance dated May 21, 2019, shall be incorporated herein by this reference, and together with this ordinance, any amendments or supplements, and oral testimony, shall constitute the necessary findings for this ordinance. T. The City Council finds, determines and declares that the threat to the public health, safety and welfare of the City and its citizens necessitates the enactment of the ordinance. Ordinance No. INS - _ Page: of 8 278 65A-281 Section 2. The recitals and statements of fact set forth in the preamble to this ordinance are true and correct, constitute a substantive part of this ordinance, and are incorporated herein by this reference. Section 3. Based on those facts, the City Council finds, determines and declares that this ordinance is necessary for the preservation of the public peace, health, or safety pursuant to the City's police power, as granted broadly under Article XI, section 7 of the California Constitution, and Santa Ana Charter section 200. Section 4. Accordingly, increases in rent on mobile home Spaces in the City of Santa Ana in excess of three percent (3%), or the change in the Consumer Price Index, whichever is greater, and more than one rent increase in any.twelve (12) month period, are prohibited, unless expressly exempt under the MRL` codified.`iri California Civil Code sections 798, et seq. The term Consumer Price Index means, at the time of the adjustment calculation, the percentage increase in the, United State, Consumer Price Index for all Urban Consumers in the Los Angeles -Long Beach -Anaheim -Metropolitan Area published by the Bureau of Labor Statistics; not seasonally adjusted, for the most recent twelve (12) month period ending prior to the proposed rent increase/adjustment. Section 5. This ordinance llows for an annual, adjustment of mobile home space rent of up to three percent (%), or the change in the Consumer Price Index, whichever is greater. A Consumer Price Index -based increase's found and determined to provide a just and reasonable return on a mobile home,park owner's property, and has been adopted to encourage good management, reward efficiency and discourage the flight of capital, as well as to be eismmensurate with returns on comparable investments, but not so high, as, to defeat the purpose of curtailing excessive mobile home space rentsand:,rental increases. Notwithstanding the foregoing, however, any owner of a mobile home park Who contends that the limit on mobile home space rental increases set forth in Section`4 alaove will prevent the owner from receiving a fair and reasonable return on his/herhis-.property, may petition for relief from the cap set forth in section 4 nursuanf to the>.orocedures set forth in section 6. Se'ti n 6. A mobile homd' park owner may petition for a rent increase in excess of`that,provided in section 4 in order to obtain a fair and reasonable return on his/her/its property. Such petition shall be on an application form prescribed by the City Manager and shall. be decided by the City Manager, or his or her designee ("City Manager"). The applioartt shall bear the burden of establishing that a rate increase in excess of that providd'in section 4 is necessary to provide the applicant with a fair and reasonable return ``bn his/her/its property, including by providing an independent financial report and verified financial data demonstrating that without such an increase, he/she/it will not realize a fair and reasonable return on his/her/its property. Upon receipt of a fair return petition/application, the City Manager shall determine if the employment of expert(s) will be necessary or appropriate for a proper analysis of the applicant's request. If the City Manager so determines, he or she shall also determine the anticipated costs of employing such expert(s). The resulting figure shall be Ordinance No. NS - _ Page 4 of 8 279 65A-282 communicated to the applicant, and the application shall not be processed until the applicant has paid to the City the estimated cost of the expert analysis. Any unused portion of the advance payment for expert analysis shall be refunded to the applicant. The factors the City Manager may consider in deciding a fair return petition/application may include, but not be limited to: (1) Changes in the Consumer Price Index for All Urban Consumers in the Los Angeles -Long Beach -Anaheim Metropolitan Area published by the Bureau of Labor Statistics. (2) The rent lawfully charged for comparable mobile home spaces in the City. (3) The length of time since the last determination by the City Manager on a rent increase application, or the last rent increase if no previous rent increase application has been made. (4) The completion of any capital improvements orrehabilitation work related to the mobile home space or spaces specified in the rent increase application, and the costthereof, including'' materials, labor, construction interest, permit fees and other items the City Manager deems appropriate. (5) Changes in property taxes or other taxes related to the subject mobile home park. (6) Changes in the, rant paid by the applicant for the lease of the land on which the; subject mobile home park is located. (7) Changes in the 'utility charges for the subject mobile home park paid by the applicant, and the extent, if any, of reimbursement from the tenants. (8) Changes in reasonable operating and maintenance expenses. (9) The need for repairs caused by circumstances other than ordinary wear and tear. (10) The amount and quality of services provided by the applicant to the affected tenant(s). (11) Any existing written lease lawfully entered into between the applicant and the affected tenant(s). An application for a fair return adjustment shall be decided by the City Manager within sixty (60) calendar days of the date that the application has been deemed complete. The decision shall be emailed and sent by mail, with proof of mailing to the mobile home park owner, the park owner's designated representative(s) for the petition, and a Ordinance No. NS - Page 5 & 8 280 65A 283 designated representative of the residents. Any appeal of the City Manager decision on an application for a fair return adjustment shall proceed pursuant to the administrative appeal procedures found in Chapter 3 of the SAMC. Section 7. Pursuant to the MRL, the provisions of this ordinance regulating the amount of rent that a mobile home park owner may charge for a mobile home space shall not apply to the following: any mobile home space subject to a long term (more than one year) rental agreement (California Civil Code section 798.17); any newly constructed mobile home space first offered for rent on or after January 1, 1990 (California Civil Code section 798.45); and, mobile homes not beinbaused as a person's primary residence that are not being leased to someone else (California Civil Code section 798.21). Section 8. It shall be unlawful and a misdefrreai pr for ahy=person to violate or fail to comply with any provision of the ordinance.; The violation of any provision of this ordinance shall be punished as provided in SAMC section,1-8. Section 9. The City Council finds that' *is, ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to sections 15060(c)(2), 15060(c)(3) and 15061(b)(3) of the State CEQA Guidelines because it will not result in a direct or reasonably foreseeable indirect physical change ih1he environment, because there is no possibility it will have a significant effect on the environment, and it is not a "project", as defined in section 15378 of the State CEQA Guidelines. Section 10. If any reason held to be remaining portions-- of have passed this ord'i irrespective of the fact be declared,invalid or i ordir Ordinance No. NS - _ Page 6 of 8 section', phrase, or clause of this ordinance is for , such decision shall not affect the validity of the The City Council hereby declares that it would i section,subsection, phrase or clause thereof more sections, subsections, phrases, or clauses of the Council shall certify to the adoption of this to be published in the manner prescribed by law. 281 65A-284 ADOPTED this _ day of APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney Ryan O. Hodge Assistant City Attorney 2019. Miguel A. Pulido Mayor AYES: Councilmembers: NOES: Councilmembers ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers Ordinance No. NS - _ Page 7 of 8 64 285 CERTIFICATE OF ATTESTATION AND ORIGINALITY I, Norma Mitre, Acting 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 2019. Date: Clerk of the Council City of Santa Ana Ordinance No. NS - _ Page 8 of 8 283 65A-286 City of Santa Ana Mobile Home Parks Assessment of Existing Conditions and Policy Options May 21, 2019 Acknowledgments Thank you to all the City staff who worked on this report. City Manager's Office Kristine Ridge Daisy Perez Planning and Building Agency lullil11111110 Candida Neal Melanie McCann /G11R7 6 klmim Sergio Verino Yvette Portugal Alejandro Rodriguez Ruth Buenaventura Information Technology Jack Ciulla Trevor Burgan Frank Stauffer City Attorney's Office Sonia Corvalho Ryan Hodge David Quintana Community Development Agency Steven Mendoza Judson Brown Janice Eckles Terri Eggers David Flores Sylvia Vasquez M• ' • 65A-288 REQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: MAY 21, 2019 TITLE: SELECT AND APPOINT REPRESENTATIVES TO THE ORANGE COUNTY SANITATION DISTRICT (STRATEGIC PLAN NO. 5, 1) CITY MANAGER CLERK OF COUNCIL USE ONLY: 01402091WRI ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2nd Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER Select and appoint a primary and alternate representative to serve on the Orange County Sanitation District Board. DISCUSSION The Mayor and City Council represent the City's interest in regional issues by serving on a number of regional boards which make public policy decisions in the areas of transportation, water resources, fire services, and government facilities. The Orange County Sanitation District (OCSD) is a wastewater treatment facility that serves Orange County, California. It consists of two operating plants, referred to as Plant No. 1 located in Fountain Valley and Plant No. 2 located in Huntington Beach. It is the third largest wastewater treatment facility west of the Mississippi River. OCSD and the Orange County Water District were awarded the Stockholm Industry Water Award in 2008 for pioneering work to develop with Trojan Technologies the Groundwater Replenishment System, the world's largest water purification plant for groundwater recharge. A board member and alternate are appointed by the majority of the City Council. On December 18, 2018, the City Council nominated Councilmember Reyna as the City's primary representative and Councilmember Iglesias as the alternate. On March 1, 2019, Councilmember Reyna tendered his resignation. Councilmember Iglesias has been attending the board meetings as an alternate and has expressed an interest in serving as the primary representative, if approved by a majority of the City Council. Thus, a primary and alternate appointment representative is requested to continue serving the interest of the residents of our community. Representatives must be an elected member and shall serve until removed or resign. The Board meets on the 4th Wednesday of the month at 6:00 p.m. 65B-1 Appointment of Representatives to the May 21, 2019 Page 2 STRATEGIC PLAN ALIGNMENT Orange County Sanitation District Board Approval of this item supports the City's efforts to meet Goal #5 - Community Health, Livability, Engagement & Sustainability, Objective #1 (Establish a comprehensive community engagement initiative to expand access to information and create opportunities for stakeholders to play an active role in discussing public policy and setting priorities). FISCAL IMPACT There is no fiscal impact associated with this action. e Norma Mitre Acting Clerk of the Council 65B-2